In Wake of FTC’s Loss of Power, It Turns to Gramm-Leach-Bliley Act?

The FTC suffered a huge blow when the US Supreme Court revoked its presumed authority to seek restitution under Section 13(b) of the FTC Act, so much so that a pending lawsuit it had against RCG Advances, LLC, appeared to be in mortal danger.

On Tuesday, however, attorneys for the FTC informed the Court that it intended to file an amended complaint that would seek civil penalties for violations of Section 521 of the Gramm-Leach-Bliley Act.

According to the FTC, “The Gramm-Leach-Bliley Act requires financial institutions – companies that offer consumers financial products or services like loans, financial or investment advice, or insurance – to explain their information-sharing practices to their customers and to safeguard sensitive data.”

Section 521 prohibits the obtaining of customer information by false pretenses.

An amended complaint has not yet been filed. It bears watching if Gramm-Leach-Bliley becomes a viable alternative avenue that the FTC relies upon following the loss of its most potent tool.