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2280 French Creek Circle - 10-117-23-23-0003
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Home occupation complaint
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Last modified
8/22/2023 3:21:08 PM
Creation date
11/30/2016 2:06:27 PM
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x Address Old
House Number
2280
Street Name
French Creek
Street Type
Circle
Address
2280 French Creek Circle
Document Type
Correspondence
PIN
1011723230003
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FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARE COIN & BULLIO... Page 4 of 6 <br /> reasoning and hold that section 13(b) empowers district courts to grant the type of ancillary equitable relief <br /> entered by the district court in this case. <br /> 8 <br /> Security Coin argues that section 19 of the FTC Act, 15 U.S.C. Sec. 57b, is the only authorization for the FTC to <br /> obtain consumer redress, and that our decision in United States v. Hopkins Dodge, Inc., 849 F.2d 311, 313 (8th <br /> Cir.1988), requires a restrictive reading of the Act. Security Coin argues that we should not permit the FTC to <br /> avoid complying with section 19(b)'s procedural requirements for obtaining consumer redress. If the district court <br /> is allowed to award other equitable relief under section 13(b), Security Coin argues, section 19 will be rendered <br /> superfluous. <br /> 9 <br /> We note that section 19(e) provides: "Remedies provided in this section are in addition to, and not in lieu of, any <br /> other remedy or right of action provided by State or Federal law. Nothing in this section shall be construed to <br /> affect any authority of the Commission under any other provision of law." There can be no inference from this <br /> language that Congress intended in section 19 to restrict the broad equitable jurisdiction granted to the district <br /> court by section 13(b). Our decision in Hopkins Dodge contains nothing that would require us to give section 13(b) <br /> the restrictive reading urged by Security Coin. We held in Hopkins Dodge that the FTC could not seek civil <br /> penalties under section 5(m)(1)(B) of the Act, 15 U.S.C. Sec. 45(m)(1)(B), until it had complied with the <br /> requirements of that provision by first issuing a cease and desist order determining that the practices in question <br /> were unfair or deceptive. Here, we consider the power of the district court, not the procedures that the FTC must <br /> follow under certain sections of the Act. Hopkins Dodge does not require that the FTC proceed under section 19, <br /> but merely constrains the FTC to follow the procedures of section 5(m)(1)(B)when seeking relief under that same <br /> section. <br /> 10 <br /> We conclude that"[w]hen Congress entrusts to an equity court the enforcement of prohibitions contained in a <br /> regulatory enactment, it must be taken to have acted cognizant of the historic power of equity to provide complete <br /> relief in light of the statutory purposes." Mitchell v. Robert DeMario Jewelry, Inc., 361 U.S. at 291-92, 80 S.Ct. at <br /> 334-36. Accordingly, we hold that the district court had the power to grant the relief it did to those consumers <br /> harmed by Security Coin's unfair and deceptive trade practices. <br /> III. <br /> 11 <br /> Security Coin argues that the district court erred in premising its grant of consumer redress on Security Coin's <br /> buy-back policy. <br /> 12 <br /> Security Coin points out that the FTC did not allege that Security Coin's buy-back policy was an unfair or <br /> deceptive trade practice in violation of section 5(a) of the Act. Security Coin argues that because the FTC failed to <br /> http://www.altlaw.org/v 1/cases/477126 12/5/2008 <br />
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