Congressional Split Looms Over Including Retroactive Reach In FTC Monetary Relief Authority

Lawmakers disagree whether legislation to amend an FTC regulation to grant the commission authority to pursue monetary remedies should be retroactive, which would impact approximately 75 pending federal court cases alleging violations.

A partisan battle is likely in Congress over whether changing Federal Trade Commission regulations to explicitly allow the agency to impose monetary relief orders against marketers linked to false advertising would apply to violations that occurred before the change would become effective.

Retroactive applicability is included in the “Consumer Protection and Recovery Act,” H.R. 2668, introduced on 20 April by Rep....

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