Legal Opinion

Federal Trade Commission v. Gem Merchandising Corp.

Court of Appeals for the Eleventh Circuit

Decided July 9, 1996No. 95-9008PublishedCited by 118 opinions

Non-Argument Calendar.

1Opinion of the Court

KRAVITCH, Circuit Judge:

Alexander Estfan appeals an order by the district court issued pursuant to section 13(b) of the Federal Trade Commission Act, 15 U.S.C. § 53(b). After finding that Estfan engaged in unfair practices in telemarketing medical alert devices, the court held that the defendants below must reimburse consumers in an amount totalling $487,500 and, to the extent repayment is not feasible, must pay the remainder to the United States Treasury. Estfan argues that the district court lacked the authority to order payment to any party other than purchasers of the medical alert…

2Cases cited13 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Hecht Co. v. BowlesSupreme Court of the United States · 1944
  3. Porter v. Warner Holding Co.Supreme Court of the United States · 1946
  4. Securities and Exchange Commission v. First City Financial Corporation, Ltd.Court of Appeals for the First Circuit · 1989
  5. Fed. Sec. L. Rep. P 96,610 Securities and Exchange Commission v. Gerson Blatt, Barton S. Udell, and John PullmanCourt of Appeals for the Fifth Circuit · 1978

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3Cited by118 opinions

  1. Del Monte Dunes at Monterey, Ltd. v. City of Monterey, Del Monte Dunes at Monterey, Ltd., and Monterey-Del Monte Dunes Corporation v. City of MontereyCourt of Appeals for the Ninth Circuit · 1996
  2. Federal Trade Commission v. Freecom Communications, Inc.Court of Appeals for the Tenth Circuit · 2005
  3. Federal Trade Commission v. AbbVie IncCourt of Appeals for the Third Circuit · 2020
  4. Federal Trade Commission v. LeadClick Media, LLCCourt of Appeals for the Second Circuit · 2016
  5. Stuart J. McGregor Receiver-Appellee, United States Federal Trade Commission v. Teri Chierico, Michael Chierico, William Bethell, United States Federal Trade Commission v. Teri Chierico, Michael Chierico, American Business Supplies, United States Federal Trade Commission v. Michael Chierico, American Business Supplies, Inc., Creative Business Consultants, Inc.Court of Appeals for the Eleventh Circuit · 2000

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