Amicus brief for the Federal Trade Commission, supporting the State of Minnesota's authority to bring an action to enforce the Telemarketing and Consumer Fraud and Abuse Prevention Act against a non-bank subsidiary of a national bank.
When a court considers a case whose outcome may affect consumers or competition, the FTC may file a “friend of the court” brief to provide information that can help the court make its decision in a way that protects consumers or promotes competition. To find a specific FTC brief, use the filters on this page.Displaying 81 - 100 of 100
Amicus brief for the United States and the Federal Trade Commission, supporting consumer's argument concerning application of statute of limitations to private action under the Fair Credit Reporting Act.
Amicus brief of the Federal Trade Commission in support of consumer's argument that claim under Magnuson Moss Warranty Act was not subject to mandatory arbitration.
Amicus brief before the U.S. District Court for the Central District of California regarding a proposed settlement between American Bioscience, Inc. (ABI) and Bristol-Myers Squibb Co. regarding the listing of a patent purportedly covering the cancer drug Taxol on the Food and Drug Administration’s Orange Book. The brief advises the court that, because the Commission had just initiated an investigation of the conduct of ABI and Bristol, the Commission was not taking a position with regard to appropriateness of listing the patent. The brief further explains the potential consequences of the proposed settlement on generic entry and the potential harm to consumers of delaying such entry. The brief expresses concern that the judicial finding that the settlement contemplates — that the patent meets the statutory requirements for listing in the Orange Book — will prejudice parties who may later challenge the listing. The brief requests the court to consider the ramifications for generic entry and the pendency of the Commission’s investigation before entering the order proposed by the parties.
Amicus brief for the Federal Trade Commission supporting individual consumer's right to maintain a cause of action under the Fair Credit Reporting Act against an entity that furnishes information to a consumer reporting agency.
Amicus brief for the United States and the Federal Trade Commission urging denial of Supreme Court review in a case raising the issue whether misrepresentations to state agency, in the course of petitioning activity, precludes a claim of immunity from antitrust liability.
Amicus brief of the Federal Trade Commission in support of consumer's claim against a consumer reporting agency, based on agency's duty to ensure maximum accuracy of credit report and to reinvestigate errors brought to its attention
Amicus brief for the United States and the Federal Trade Commission urging denial of Supreme Court review in a case raising the question whether individual ticket purchasers were barred, as indirect purchasers, from maintaining an antitrust action against a provider of ticket distribution services
Amicus brief for the United States and the Federal Trade Commission as Amici Curiae in support of suggestion of rehearing en banc.
Amicus brief for the United States and the Federal Trade Commission, urging vactatur of lower court ruling that held that a vertical agreement between a purchaser and a single supplier could constitute a per se unlawful boycott of a competing supplier, or a conspiracy to monopolize
Amicus brief for the United States and the Federal Trade Commission, urging denial of Supreme Court review in a case raising issue whether seller can maintain antitrust action based on a conspiracy between a rival seller and a single buyer, a regulated monopolist, to raise prices to the monopolist's customers by circumventing regulatory constraints.
Amicus brief of the Federal Trade Commission addressing whether a collection letter that allegedly simulates a telegraph violates the Fair Debt Collection Practices Act.
Amicus briefs of the Federal Trade Commission addressing whether the Fair Debt Collection Act covers collection of dishonored checks.
Amicus brief of the United States and the Federal Trade Commission addressing whether maximum resale price maintenance should be illegal per se.
Amicus brief filed in the United States Court of Appeals, Second Circuit, at the invitation of the Court concerning issues presented by an appeal in an ethylene oxide supply contract dispute between INEOS Americas LLC and The Dow Chemical Company. The brief discusses important public interests in promoting competition and consumer welfare that the Commission sought to advance in the merger proceedings stemming from The Dow Chemical Companys 2001 acquisition of Union Carbide Company. Dows divestiture of its ethanolamines business to INEOS was part of the merger remedy required by the Commission in that case, and ethylene oxide is a key feedstock for that business. While taking no position on the ultimate disposition of the contract law issues before the Court, including that of specific performance, the Commission addresses the merger enforcement context in which the supply contract under dispute arose. The Commission states that, to the extent the Court deems public interest considerations pertinent to the issues before it, those interests would be served by a contract remedy that will ensure that INEOS has access to supplies of ethylene oxide that will promote its ability to remain an active and dynamic competitor.
Amicus memorandum for the Federal Trade Commission opposing approval of a class action settlement, which included a large award of attorney's fees while providing no substantial benefits to consumers
Amicus brief objecting to a proposed settlement that called for consumers to be compensated with coupons for $100 off their next new mortgage or refinancing within the next two years in a case involving allegations that Citicorp violated the Real Estate Settlement Procedures Act. The FTC argued it is extremely doubtful that the case satisfied the legal requirements for class certification, that the coupons were worth much less than their face value, and that the proposed counsel fee appears excessive in light of the likely low value of the settlement.
Amicus Brief of the United States and the Federal Trade Commission addressing the proper methodology for construing the claims of a patent. This brief was filed in response to an order of the Court of Appeals for the Federal Circuit taking the case en banc and inviting the government to submit its views on the questions of the en banc order. The brief argues that in construing patent claims a court should primarily rely on a patent’s intrinsic evidence (its description of the invention and its prosecution history) rather than dictionaries and other external sources. This approach is more likely to result in claim constructions that are closer to those used by the Patent Office in issuing patents and that reflect the inventions as described and enabled.