Small Businesses Challenge FTC Authority in New Brief

Date: April 22, 2024

Intuit v. FTC questions the FTC’s adjudicative process

WASHINGTON, D.C. (April 22, 2024)NFIB filed an amicus brief in the case Intuit, Inc. v. Federal Trade Commission at the U.S. Court of Appeals for the Fifth Circuit. The case questions the Federal Trade Commission’s (FTC) adjudicative process and whether it violates the Constitution. NFIB filed the brief with the U.S. Chamber of Commerce.

“The FTC is overstepping its authority and violating the Constitution,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Small businesses depend on government agencies being fair and reasonable, which is why they ask the Court to vacate the FTC’s Order and remand the case back for an adjudication that complies with the structure of Article II of the Constitution.”

NFIB’s brief makes two main arguments: 1) the multi-layer tenure protections for FTC ALJs are unconstitutional, and 2) the unconstitutional tenure protections for ALJs create a structural defect in FTC adjudications.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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