Publication Date
5-2024
Document Type
Casenote
Abstract
In Aldous Huxley’s seminal novel “Brave New World,” a futuristic society grapples with the consequences of technological advancements and the ethical dilemmas they pose. The Federal Trade Commission (FTC) finds itself in a “Brave New World” of its own, particularly in the Eleventh Circuit. The case FTC v. Simple Health Plans, LLC is a potential watershed moment, redefining the scope and authority of the FTC to impose equitable damages. It serves as a pivotal juncture, not just for the agency, but also for consumer protection laws, monopolistic businesses, and what remedies courts may provide. The decision potentially leads to harsher punishments and injunctions for monopolistic businesses engaged in “unfair or deceptive acts or practices.” It is a clarion call for a stricter interpretation of consumer protection laws, providing judges with a broader arsenal of remedies. Moreover, the penalties imposed may serve as a benchmark for future awards, deterring other companies from similar malfeasance due to the severe financial risks involved.
Recommended Citation
Green, Griffin D.
(2024)
"Brave New Agency: The FTC’s Expanded Powers in the Eleventh Circuit,"
Mercer Law Review: Vol. 75:
No.
4, Article 15.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol75/iss4/15