Federal Trade Commission v. Gem Merchandising Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[a]lthough section 13(b) does not expressly authorize courts to grant monetary equitable relief, . . . the unqualified grant of statutory authority to issue an injunction under section 13(b
• holding that, under Federal Trade Commission Act, once corporate liability was established, individual defendant who participated directly in the violations or had authority to control them and had knowledge of the practices was also liable
• holding that Section 13(b) empowers district courts to order disgorgement
• concluding that disgorgement is an appropriate remedy under section 13(b); “ Further, because it is not always possible to dis­ tribute the money to the victims of defendant’s wrongdoing, a court may order the funds paid to the United States Treasury.”
• holding an individual liable under the FTC Act where ʺhe was aware that salespeople made material representations to consumers to induce sales, and he was in a position to control the salespeopleʹs behaviorʺ
• noting that disgorgement of profits is a proper remedy under the FTCA

Source: CourtListener parenthetical corpus (CC0).