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Is This The End Of Ftc Restitution And Disgorgement Under Section 13(B)?, Erik Quattro
Is This The End Of Ftc Restitution And Disgorgement Under Section 13(B)?, Erik Quattro
Global Business Law Review
This note argues that the Seventh Circuit’s deviation from years of precedent in FTC v. Credit Bureau is an improper interpretation of Supreme Court precedent. For decades, Section 13(b) has allowed the Federal Trade Commission to be able to pursue equitable monetary orders in the form of restitution and disgorgement as ancillary relief to permanent injunctions. The Seventh Circuit put an abrupt end to these powers relying on Supreme Court precedent that has never been used in this manner. If this circuit split continues to exist, it will create a great disparity in the Federal Trade Commission’s ability to bring …
It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean
It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean
Cleveland State Law Review
Digital giants, enabled by America’s courts, Congress, and the Federal Trade Commission, devise click-through, clickwrap, browsewrap, "I Agree" waivers, and other legal fictions that purport to evidence user "consent" to consumer privacy erosions. It is no longer enough to justify privacy invasions as technologically inevitable or as essential to the American economy. As forced consent is no consent at all, privacy policies must advance with the technology. This article discusses adhesion waivers, the potential for FTC corrective action, and a comparison to privacy policies of the European Union.