There is a presumption that consumers relied on a business’s omissions and misrepresentations when assessing damages in civil contempt proceedings brought by the Federal Trade Commission, the U.S. Court of Appeals for the Second Circuit has ruled.
Vacating a lower court’s decision that rejected the FTC’s damage calculation, the Second Circuit agreed with the agency and other circuits to have considered the issue that judges can presume customers relied on the representations of a business from the outset.
