Federal Trade Commission v. Bishop, et al, No. 12-13392 (11th Cir. 2013)
Annotate this CaseCodefendants appealed the district court's order awarding damages to the FTC for engaging in deceptive marketing practices, in violation of section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a), and the FTC's Telemarketing Sales Rule (TSR), 16 C.F.R. 310.1-.9. The court held that the amount of net revenue, rather than the amount of profit, was the correct measure of unjust gains under section 13(b). Accordingly, the court held that the district court did not err when it considered defendants' net revenues, instead of their profits, in its calculation for damages. Accordingly, the court affirmed the judgment.
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