![]() ![]() And the CFPB uses the term disgorgement exclusively when referring to money returned to the government rather than consumers.70State enforcers typically have express statutory authority to obtain public compensation, but it is common for state court decisions to borrow from federal law in analyzing the scope of that relief.71 For example, in a recent case awarding public compensation to defrauded trade school students, the Minnesota Supreme Court called the relief sought “equitable restitution. The agency uses the terms “restitution” or “redress” to mean public compensation, but cases adjudicating CFPB public compensation rely on both disgorgement and restitution case law from the FTC and other enforcers. Recent decisions have taken a contrary position, however, most notably the Supreme Court’s abrogation of the FTC’s long-established section 13(b) disgorgement authority in AMG because of the existence of a parallel restitution authority in section 19 of the FTC Act.69The practice of the CFPB adds another dimension to the puzzle. See, e.g Roach, supra note 60, at 14-15 (discussing how some courts have imported concepts across differing remedial authorities for the FTC).of authority. Related to Project Sponsor and Facility: Chester Water Authority, East Nottingham Township, Chester County, Pa
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |