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Federal Trade Commission v. Amy Travel Service, Inc.

Seventh Circuit

875 F.2d 564 (1989)

Relevant factsFree

Amy Travel Service, Inc. (defendant) telemarketed travel certificates for $289 to $329 using a confusing, evasive sales script designed to get customers to give up their credit card numbers, marketing the certificates as covering a full vacation package while later hitting purchasers with unexpectedly expensive airfare charges that in some cases far exceeded conventional travel-agency prices. The FTC (plaintiff) sued in federal district court alleging unfair and deceptive practices under section 5 of the FTC Act and sought an injunction, rescission, an asset freeze, and consumer restitution; the district court granted all the relief requested, and Amy Travel appealed, arguing the court lacked authority to award monetary equitable relief.

IssueFree

Whether federal district courts have the power to grant monetary equitable relief, such as rescission and restitution, for violations of section 5 of the FTC Act.

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