With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases.

We previously discussed the FTC’s lawsuit against Grand Canyon University (GCU) and its president, in particular the court’s granting of GCU’s motion to dismiss, finding that the FTC could not bring claims against GCU because it was a nonprofit organization and not a “person, partnership, or corporation” within the FTC’s jurisdiction.

The court held that the FTC could bring claims against GCU only if it could establish that GCU was a “corporation,” which the act defines as either organized to carry on business for the profit of its “members” or organized to carry on business for its “own” profit. The court found the FTC had not pleaded facts to satisfy this burden, but gave the FTC leave to amend its complaint.Continue Reading FTC Forges Ahead in Court Battle on FTC Act’s Scope Over Nonprofit Institutions (And Loses)