Administrative Law Keyed to Lawson
Commodity Futures Trading Commission v. Schor
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The Commodity Futures Trading Commission (CFTC) is an independent agency that enforces the Commodity Exchange Act (CEA). The CFTC was authorized to adjudicate claims for damages, or reparations, brought by customers of brokers for brokers’ violations of the CEA or CFTC regulations. The CFTC also issued a regulation permitting itself to adjudicate counterclaims brought by brokers in reparations proceedings. Schor sued his broker, ContiCommodity Services of America (Conti), claiming it was responsible for the negative balance in his trading account with Conti. Conti counterclaimed, and the CFTC ruled in its favor. Schor then questioned the CFTC’s authority to adjudicate the counterclaim, and the agency rejected the challenge. The Court of Appeals reversed.
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