Notsu penalty12/29/2023 Recent Notices Penalty Offenses Concerning Money-Making Opportunities Rather, the Commission sends these Notices to ensure that companies understand the law – and that they are deterred from breaking it.Ĭopies of recently distributed Notices and the administrative determinations cited in the Notices can be found at the links below. That a company is sent a Notice does not indicate that the Commission has reason to believe it is breaking the law. Companies that receive this Notice and nevertheless engage in prohibited practices can face civil penalties of up to $46,517 per violation. In order to trigger this authority, the Commission can send companies a “Notice of Penalty Offenses.” This Notice is a document listing certain types of conduct that the Commission has determined, in one or more administrative orders (other than a consent order), to be unfair or deceptive in violation of the FTC Act. Under this authority, the Commission can seek civil penalties if it proves that (1) the company knew the conduct was unfair or deceptive in violation of the FTC Act and (2) the FTC had already issued a written decision (see below) that such conduct is unfair or deceptive. One way the Commission can obtain penalties against a company that acted unfairly or deceptively is through the Penalty Offense Authority, found in Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. Because they can exceed what a wrongdoer earned through their misconduct, penalties send a clear message that preying on consumers will not be profitable. About the FTC Show/hide About the FTC menu itemsĬivil penalties can help the Commission deter conduct that harms consumers.News and Events Show/hide News and Events menu items.Advice and Guidance Show/hide Advice and Guidance menu items. ![]() Competition and Consumer Protection Guidance Documents.Enforcement Show/hide Enforcement menu items.
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