15 U.S.C. § 57b

Civil actions for violations of rules and cease and desist orders respecting unfair or deceptive acts or practices

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(a) Suits by Commission against persons, partnerships, or corporations; jurisdiction; relief for dishonest or fraudulent acts(1) If any person, partnership, or corporation violates any rule under this subchapter respecting unfair or deceptive acts or practices (other than an interpretive rule, or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of section 45(a) of this title), then the Commission may commence a civil action against such person, partnership, or corporation for relief under subsection (b) in a United States district court or in any court of competent jurisdiction of a State.(2) If any person, partnership, or corporation engages in any unfair or deceptive act or practice (within the meaning of section 45(a)(1) of this title) with respect to which the Commission has issued a final cease and desist order which is applicable to such person, partnership, or corporation, then the Commission may commence a civil action against such person, partnership, or corporation in a United States district court or in any court of competent jurisdiction of a State. If the Commission satisfies the court that the act or practice to which the cease and desist order relates is one which a reasonable man would have known under the circumstances was dishonest or fraudulent, the court may grant relief under subsection (b).(b) Nature of relief available

The court in an action under subsection (a) shall have jurisdiction to grant such relief as the court finds necessary to redress injury to consumers or other persons, partnerships, and corporations resulting from the rule violation or the unfair or deceptive act or practice, as the case may be. Such relief may include, but shall not be limited to, rescission or reformation of contracts, the refund of money or return of property, the payment of damages, and public notification respecting the rule violation or the unfair or deceptive act or practice, as the case may be; except that nothing in this subsection is intended to authorize the imposition of any exemplary or punitive damages.

(c) Conclusiveness of findings of Commission in cease and desist proceedings; notice of judicial proceedings to injured persons, etc.(1) If (A) a cease and desist order issued under section 45(b) of this title has become final under section 45(g) of this title with respect to any person’s, partnership’s, or corporation’s rule violation or unfair or deceptive act or practice, and (B) an action under this section is brought with respect to such person’s, partnership’s, or corporation’s rule violation or act or practice, then the findings of the Commission as to the material facts in the proceeding under section 45(b) of this title with respect to such person’s, partnership’s, or corporation’s rule violation or act or practice, shall be conclusive unless (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive, or (ii) the order became final by reason of section 45(g)(1) of this title, in which case such finding shall be conclusive if supported by evidence.(2) The court shall cause notice of an action under this section to be given in a manner which is reasonably calculated, under all of the circumstances, to apprise the persons, partnerships, and corporations allegedly injured by the defendant’s rule violation or act or practice of the pendency of such action. Such notice may, in the discretion of the court, be given by publication.(d) Time for bringing of actions

No action may be brought by the Commission under this section more than 3 years after the rule violation to which an action under subsection (a)(1) relates, or the unfair or deceptive act or practice to which an action under subsection (a)(2) relates; except that if a cease and desist order with respect to any person’s, partnership’s, or corporation’s rule violation or unfair or deceptive act or practice has become final and such order was issued in a proceeding under section 45(b) of this title which was commenced not later than 3 years after the rule violation or act or practice occurred, a civil action may be commenced under this section against such person, partnership, or corporation at any time before the expiration of one year after such order becomes final.

(e) Availability of additional Federal or State remedies; other authority of Commission unaffected

Remedies provided in this section are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law. Nothing in this section shall be construed to affect any authority of the Commission under any other provision of law.

(Sept. 26, 1914, ch. 311, § 19, as added Pub. L. 93–637, title II, § 206(a), Jan. 4, 1975, 88 Stat. 2201.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 93–637, title II, § 206(b), Jan. 4, 1975, 88 Stat. 2202, provided that: “The amendment made by subsection (a) of this section [enacting this section] shall not apply to—“(1) any violation of a rule to the extent that such violation occurred before the date of enactment of this Act [Jan. 4, 1975], or“(2) any act or practice with respect to which the Commission issues a cease-and-desist order, to the extent that such act or practice occurred before the date of enactment of this Act [Jan. 4, 1975], unless such order was issued after such date and the person, partnership or corporation against whom such an order was issued had been notified in the complaint, or in the notice or order attached thereto, that consumer redress may be sought.”

Notes of Decisions
Cited in 141 cases (60 in the last 5 years), 1977–2025 · leading case: Fed. Trade Comm'n, Plaintiff-appellee, v. Figgie Int'l, Inc., Defendant-appellant, 994 F.2d 595 (9th Cir. 1993).
Fed. Trade Comm'n, Plaintiff-appellee, v. Figgie Int'l, Inc., Defendant-appellant, 994 F.2d 595 (9th Cir. 1993). · cites it 10× “After the order became final, FTC sought consumer redress under section 19 of the FTC Act, 15 U.S.C. § 57b. The district court granted FTC’s motions for summary judgment, finding Fig-gie liable for “dishonest or fraudulent” practices in its first judgment and setting the amount…”
FTC v. Amg Capital Mgmt., LLC, 910 F.3d 417 (9th Cir. 2018). · cites it 5× “” Trans-Alaska Pipeline Authorization Act, § 408(b), Pub. L. No. 93-153, 87 Stat. 576, 591 (1973).”
Carpenter v. United States, 138 S. Ct. 2206 (2018). “, 15 U. S. C. §57b–1(c) (Federal Trade Commission); §§77s(c), 78u(a)–(b) (Securities and Ex- change Commission); 29 U.”
Fed. Trade Comm'n v. Com. Planet, Inc., 815 F.3d 593 (9th Cir. 2016). · cites it 3× “Gugliuzza contends that § 19(b) of the FTC Act, 15 U.S.C. § 57b(b), eliminates a court’s power to award restitution under § 13(b), but we have refused to read § 19(b) in that manner.”
Fed. Trade Comm'n v. Bronson Partners, LLC, 654 F.3d 359 (2d Cir. 2011). · cites it 3× “Because, under Section 19, the Commission may bring suit only where the defendant has been the subject of a prior order entered in *367 the wake of a lengthy administrative process, that provision has the disadvantages of creating substantial opportunities for delay as well as…”
AMG Capital Mgmt., LLC v. FTC, 593 U.S. 67 (2021). · cites it 3× “, 15 U. S. C. §57b(b). That being so, these amend- ments also tell us nothing about the scope of §13(b).”
Warner-Lambert Co. v. Fed. Trade Comm'n, 562 F.2d 749 (D.C. Cir. 1977). · cites it 4× “15 U.S.C. § 57b(a)(2) and 57b(b). [Emphasis supplied] The majority comments briefly that the 1975 Amendment “cannot be said to remove corrective advertising from the class of permissible remedies”; the expressed “congressional intent”, says the majority, is to the contrary.”
Fed. Trade Comm'n v. Glenn W. Turner, 609 F.2d 743 (5th Cir. 1980). · cites it 7× “Absent a specific congressional mandate or a clearly discernible statutory implication, we will not find that the F.”
Good v. Altria Grp., Inc., 501 F.3d 29 (1st Cir. 2007). · cites it 3× “The Act states that “[rjemedies provided in [15 U.S.C. § 57b] are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law.”
Fed. Trade Comm'n v. Steven J. Dorfman, 58 F.4th 1322 (11th Cir. 2023). · cites it 5× “” 15 U.S.C. § 57b(a)–(b). To preserve funds for consumers, the Commission sought to freeze Dorfman’s assets and impose a receivership over his companies.”
Fed. Trade Comm'n v. AbbVie Inc, 976 F.3d 327 (3rd Cir. 2020). “That clause states: “Remedies provided in this section are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law.”
Fed. Trade Comm'n, Cross-Appellee v. Sw. Sunsites, Inc., Cross-Appellants, 665 F.2d 711 (5th Cir. 1982). · cites it 3× “15 U.S.C.A. § 57b (Supp. 1981). 5 . Two of appellees’ arguments may be summarily disposed of.”
— 15 U.S.C. § 57b(1) — 1 case
Fed. Trade Comm'n v. Tashman, 318 F.3d 1273 (11th Cir. 2003).
— 15 U.S.C. § 57b(a) — 10 cases
Fed. Trade Comm'n v. Washington Data Resources, 856 F. Supp. 2d 1247 (M.D. Fla. 2012).
Jackson v. Culinary Sch. of Washington, 788 F. Supp. 1233 (D.D.C. 1992).
Fed. Trade Comm'n v. Steven J. Dorfman, 58 F.4th 1322 (11th Cir. 2023). “” 15 U.S.C. § 57b(a)–(b). To preserve funds for consumers, the Commission sought to freeze Dorfman’s assets and impose a receivership over his companies.”
Fed. Trade Comm'n v. Glenn W. Turner, 609 F.2d 743 (5th Cir. 1980). “Absent a specific congressional mandate or a clearly discernible statutory implication, we will not find that the F.”
FTC v. Credit Bureau Ctr., LLC, 81 F.4th 710 (7th Cir. 2023).
— 15 U.S.C. § 57b(a)(1) — 25 cases
FTC v. Amg Capital Mgmt., LLC, 910 F.3d 417 (9th Cir. 2018). “” Trans-Alaska Pipeline Authorization Act, § 408(b), Pub. L. No. 93-153, 87 Stat. 576, 591 (1973).”
Broadbent v. Altamirano (D. Utah 2021).
Broadbent v. Freier (D. Utah 2021).
— 15 U.S.C. § 57b(a)(2) — 13 cases
Fed. Trade Comm'n, Plaintiff-appellee, v. Figgie Int'l, Inc., Defendant-appellant, 994 F.2d 595 (9th Cir. 1993). “After the order became final, FTC sought consumer redress under section 19 of the FTC Act, 15 U.S.C. § 57b. The district court granted FTC’s motions for summary judgment, finding Fig-gie liable for “dishonest or fraudulent” practices in its first judgment and setting the amount…”
Fed. Trade Comm'n v. Glenn W. Turner, 609 F.2d 743 (5th Cir. 1980). “Absent a specific congressional mandate or a clearly discernible statutory implication, we will not find that the F.”
Fed. Trade Comm'n, Cross-Appellee v. Sw. Sunsites, Inc., Cross-Appellants, 665 F.2d 711 (5th Cir. 1982). “15 U.S.C.A. § 57b (Supp. 1981). 5 . Two of appellees’ arguments may be summarily disposed of.”
Fed. Trade Comm'n v. Bronson Partners, LLC, 654 F.3d 359 (2d Cir. 2011). “Because, under Section 19, the Commission may bring suit only where the defendant has been the subject of a prior order entered in *367 the wake of a lengthy administrative process, that provision has the disadvantages of creating substantial opportunities for delay as well as…”
Good v. Altria Grp., Inc., 501 F.3d 29 (1st Cir. 2007). “The Act states that “[rjemedies provided in [15 U.S.C. § 57b] are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law.”
— 15 U.S.C. § 57b(a)(l) — 2 cases
United States v. Bldg. Inspector of Am., Inc., 894 F. Supp. 507 (D. Mass. 1995).
— 15 U.S.C. § 57b(b) — 52 cases
Fed. Trade Comm'n, Plaintiff-appellee, v. Figgie Int'l, Inc., Defendant-appellant, 994 F.2d 595 (9th Cir. 1993). “After the order became final, FTC sought consumer redress under section 19 of the FTC Act, 15 U.S.C. § 57b. The district court granted FTC’s motions for summary judgment, finding Fig-gie liable for “dishonest or fraudulent” practices in its first judgment and setting the amount…”
FTC v. Amg Capital Mgmt., LLC, 910 F.3d 417 (9th Cir. 2018). “” Trans-Alaska Pipeline Authorization Act, § 408(b), Pub. L. No. 93-153, 87 Stat. 576, 591 (1973).”
Fed. Trade Comm'n v. Com. Planet, Inc., 815 F.3d 593 (9th Cir. 2016). “Gugliuzza contends that § 19(b) of the FTC Act, 15 U.S.C. § 57b(b), eliminates a court’s power to award restitution under § 13(b), but we have refused to read § 19(b) in that manner.”
Fed. Trade Comm'n v. Gem Merchandising Corp., 87 F.3d 466 (11th Cir. 1996).
Fed. Trade Comm'n v. Steven J. Dorfman, 58 F.4th 1322 (11th Cir. 2023). “” 15 U.S.C. § 57b(a)–(b). To preserve funds for consumers, the Commission sought to freeze Dorfman’s assets and impose a receivership over his companies.”
— 15 U.S.C. § 57b(c)(l) — 2 cases
Fed. Trade Comm'n, Plaintiff-appellee, v. Figgie Int'l, Inc., Defendant-appellant, 994 F.2d 595 (9th Cir. 1993). “After the order became final, FTC sought consumer redress under section 19 of the FTC Act, 15 U.S.C. § 57b. The district court granted FTC’s motions for summary judgment, finding Fig-gie liable for “dishonest or fraudulent” practices in its first judgment and setting the amount…”
— 15 U.S.C. § 57b(d) — 11 cases
AMG Capital Mgmt., LLC v. FTC, 593 U.S. 67 (2021). “, 15 U. S. C. §57b(b). That being so, these amend- ments also tell us nothing about the scope of §13(b).”
United States v. Bldg. Inspector of Am., Inc., 894 F. Supp. 507 (D. Mass. 1995).
United States v. Dish Network, L.L.C., 75 F. Supp. 3d 942 (C.D. Ill. 2014).
Fed. Trade Comm'n v. Hornbeam Special Situations, LLC, 308 F. Supp. 3d 1280 (N.D. Ga. 2018).
— 15 U.S.C. § 57b(e) — 13 cases
Fed. Trade Comm'n v. AbbVie Inc, 976 F.3d 327 (3rd Cir. 2020). “That clause states: “Remedies provided in this section are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law.”
Warner-Lambert Co. v. Fed. Trade Comm'n, 562 F.2d 749 (D.C. Cir. 1977). “15 U.S.C. § 57b(a)(2) and 57b(b). [Emphasis supplied] The majority comments briefly that the 1975 Amendment “cannot be said to remove corrective advertising from the class of permissible remedies”; the expressed “congressional intent”, says the majority, is to the contrary.”
Fed. Trade Comm'n v. Com. Planet, Inc., 815 F.3d 593 (9th Cir. 2016). “Gugliuzza contends that § 19(b) of the FTC Act, 15 U.S.C. § 57b(b), eliminates a court’s power to award restitution under § 13(b), but we have refused to read § 19(b) in that manner.”
Fed. Trade Comm'n v. Bronson Partners, LLC, 654 F.3d 359 (2d Cir. 2011). “Because, under Section 19, the Commission may bring suit only where the defendant has been the subject of a prior order entered in *367 the wake of a lengthy administrative process, that provision has the disadvantages of creating substantial opportunities for delay as well as…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.