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Cato Daily Podcast

Intuit Inc. v. Federal Trade Commission

Jun 24, 2024
Financial and regulatory expert Brent Skorup discusses penalties in non-courtroom adjudications. The podcast delves into the legal battle between Intuit and the FTC, contrasting judicial systems and exploring challenges faced by individuals and companies when dealing with administrative agencies. It also examines the implications of a potential Intuit victory on agency powers and the trend towards scrutinizing independent agencies' authority.
11:57

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Quick takeaways

  • Recent Supreme Court actions show increased scrutiny on agency authority.
  • Challenges of in-house adjudications hinder companies' due process and lead to potential reevaluation of agency practices.

Deep dives

Scrutiny on Agency Authority

Courts have traditionally deferred to Congress and agencies' broad powers, but recent Supreme Court actions show increased scrutiny on agency authority. With the case of Intuit and the FTC, concerns about the agency's misuse of power surfaced when the FTC issued deceptive ad claims against Intuit. This highlights the shift towards reevaluating agency powers and the separation of powers principle.

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