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The book brings you up-to-date on the latest legislative, judicial and administrative actions affecting practice before the Commission.

Federal Trade Commission: Law, Practice and Procedure features detailed analysis of all areas of FTC responsibility, including: rule making procedures; trade regulation statutes and rules; rules and procedures for investigations and litigation; application of U.S. antitrust laws to overseas conduct; Hart-Scott-Rodino premerger rules; evolving concepts of unfairness and deception; and asset freezes, injunctions and actions for civil penalties and consumer redress.

The book brings you up-to-date on the latest legislative, judicial and administrative actions affecting practice before the Commission, including the FTC's enforcement of consumer privacy mandates in the FTC Act and in statutes addressing privacy in designated market sectors. It provides extensive discussion of: the application of consumer credit statutes and regulations; telemarketing regulations, credit repair organizations, identity theft, and pay-per-call services; and Gramm-Leach-Bliley protections for consumer financial information.

Book #00601; looseleaf, one volume, 878 pages; published in 1986, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-040-1

Additional Information
SKU 601ONL
Division Name Law Journal Press
Volumes 1
Product Type Books
Brand Law Journal Press
Jurisdiction National, Federal
ISBN 978-1-58852-040-1
Page Count 878
Edition 0
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You're reviewing:Federal Trade Commission: Law, Practice and Procedure
Peter C. Ward
Mr. Ward, former Assistant Director in the Federal Trade Commission Bureau of Competition and an attorney in the Nashville office of Baker, Donelson, Bearman & Caldwell, is now retired.
CHAPTER 1
The Federal Trade Commission Act: Historical Context, Legislative History, and Amendments

§ 1.01 Historical Context
§ 1.02 Legislative History
[1] Legislative Prelude
[2] President Wilson’s Proposal
[3] House Consideration
[4] Senate Debate
[5] Bill Reported by Conference
§ 1.03 Principal Amendments to the Federal Trade Commission Act
[1] Wheeler-Lea Act of 1938
[2] McGuire Act
[3] Alaska Pipeline Legislation
[4] Magnuson-Moss Warranty—Federal Trade Commission Improvement Act of 1975
[5] Federal Trade Commission Improvements Act of 1980
[6] Foreign Trade Antitrust Improvements Act of 1982
[7] Federal Trade Commission Act Amendments of 1994
[8] Dodd-Frank Wall Street Reform and Consumer Protection Act

CHAPTER 2
Organization, Liaison Procedures, and Public Access

§ 2.01 Offices and Bureaus
[1] Organization
[2] Location of Offices
§ 2.02 The Commissioners
[1] Appointment and Tenure
[2] Office of the Chairman
[3] Meetings and Voting Procedures
[4] Biographies of Commissioners
§ 2.03 Federal Trade Commission Staff
§ 2.04 Combination of Functions Assigned to the FTC
§ 2.05 Disqualifications of a Commissioner
§ 2.06 Ex Parte Contacts with Commissioners
§ 2.07 Relationships with Congress
[1] Role of the Independent Regulatory Agency
[2] Commissioner Appointments
[3] The Authorization Process
[4] The Appropriations Process
[5] Other Congressional Involvement
[6] Prohibition Against Commission Lobbying
§ 2.08 Press Releases and Public Information
[1] Press Releases
[2] Congressional Testimony
[3] Decisions and Orders
[4] Government Publications
§ 2.09 Advisory Opinions
§ 2.10 Liaison with Other Federal Agencies, the States, and Foreign Countries
[1] Liaison with Other Federal Agencies
[2] Cooperation with Foreign Countries
[3] Federal/State Merger Investigations
§ 2.11 Public Access
[1] Freedom of Information Act
[2] Government in Sunshine Act
[3] Privacy Act Records Systems
[4] Information Requested in Matters in Which the FTC Is Not a Party

CHAPTER 3
Jurisdictional Prerequisites

§ 3.01 Commerce Requirement
[1] Interstate Commerce
[2] Foreign Commerce
§ 3.02 “Reason to Believe” Criterion
§ 3.03 Public Interest Requirement
[1] Triviality
[2] Mootness
[3] Pendency of Civil or Criminal Court Cases
[4] Discriminatory Prosecution of Respondent
[5] Improper Congressional Interference
[6] Proceedings in Other Agencies
§ 3.04 Private Cause of Action
§ 3.05 Exemptions Contained in the FTC Act
[1] Common Carriers Subject to the ICC Act
[2] Common Carriers Subject to the Communications Act
[3] Air Carriers
[4] Matters Subject to Packers and Stockyards Act Jurisdiction
[5] Not-for-Profit Organizations
[6] Banks
[7] Savings and Loan Institutions: Federal Credit Unions
[8] Advertising Directed at Children
[9] Standards and Certification Activity
[10] Investigations of Insurance
[11] Agricultural Cooperatives
[12] Prohibited Uses of Appropriations
§ 3.06 FTC Act Exemptions Contained in Other Acts
[1] Insurance
[2] Ocean Shipping
[3] Defense Mobilization
[4] International Energy Agreements
[5] Export Trade
[6] Newspaper Joint Operating Agreements
[7] Small Business Agreements
[8] Soft Drink Bottlers’ Distribution
[9] Television Programming
[10] Improving America’s Schools Act
§ 3.07 Antitrust Exemptions
[1] Agriculture
[2] Fishery Associations
[3] Labor
[4] Learned Professions
[5] Marine Insurance
[6] Sports
[7] Petitioning the Government
[8] State Action
[9] Cooperative Research and Production
§ 3.08 Jurisdiction in Other Agencies
[1] Exclusive Jurisdiction
[2] Primary Jurisdiction

CHAPTER 4
Unfair Methods of Competition

§ 4.01 Legislative Intent
§ 4.02 Violations of the Sherman and Clayton Acts as Unfair Methods of Competition
[1] The Sherman Act
[2] The Clayton Act
§ 4.03 Unfair Methods of Competition That Do Not Violate the Sherman or Clayton Acts
[1] Incipient Violations or Those That Violate the Spirit of the Sherman or Clayton Acts
[2] Conduct, Missing Elements of Clayton or Sherman Act Violations, That Has Been Found to Violate Section 5 of the FTC Act
[3] Principles Underlying Application of Section 5
[4] 2015 FTC Statement of Enforcement Principles

CHAPTER 5
Unfair Acts or Practices

§ 5.01 Historical Development of the Unfairness Doctrine
§ 5.02 The FTC’s Policy Statement on the Scope of Its Jurisdiction Over Unfair Acts or Practices
§ 5.03 Federal Trade Commission Act Amendments of 1994
§ 5.04 Application of Jurisdiction Over Unfair Acts or Practices
[1] Use of Coercion or High Pressure Selling
[2] Withholding Material Information
[3] Making Claims Without Substantiation
[4] Post-Purchase Rights and Remedies

CHAPTER 6
Deceptive Acts or Practices

§ 6.01 FTC Authority Over Deceptive Acts and Practices
§ 6.02 Status of Commercial Speech Under the Constitution
§ 6.03 Traditional Deception Criteria
[1] Introduction
[2] Commission Expertise to Assess Deceptiveness
[3] Tendency or Capacity to Mislead
[4] Forms of Misrepresentation
[5] A Substantial Number of Consumers
[6] Materiality
§ 6.04 Policy Statement on Deception
§ 6.05 FTC Guides Dealing with Deceptive Practices
[1] Guides Relating to Deceptive Practices Applicable Generally
[2] Guides Relating to Deceptive Practices in Connection with Specific Products or Industries
[3] Repealed Guides
§ 6.06 Application to E-Commerce

CHAPTER 7
Consumer Protection Trade Regulation Rules

§ 7.01 Introduction
§ 7.02 Consumer Protection Trade Regulation Rules
[1]-[15] [Reserved]*
[16] Care Labeling of Wearing Apparel
[17] Retail Food Store Advertising and Marketing Practices
[18] Negative Option Plan Selling
[19] Cooling-Off Period for Sales Made at Homes or at Certain Other Locations
[20] Power Output Claims for Amplifiers Utilized in Home Entertainment Products
[21] Preservation of Consumers’ Claims and Defenses
[22] Mail, Internet Or Telephone Order Merchandise
[23] Franchises and Business Opportunities
[24] Funeral Industry Practices
[25] Ophthalmic Practice
[26] Labeling and Advertising of Home Insulation
[27] Credit Practices
[28] Used Car Rule
§ 7.03 Rulemaking Proceedings Terminated Without Promulgation of a Rule
[1] Physician Control of Open-Panel Medical Prepayment Plans
[2] Fuel Economy Claims
[3] Children’s Television Advertising
[4] Food Advertising
[5] Over-the-Counter Drug Advertising
[6] Flammability of Cellular Plastics
[7] Prescription Drug Advertising Restraints
[8] Antacid Advertising
[9] Protein Supplements
[10] Health Spas
[11] Hearing Aids
[12] Standards and Certification
[13] Mobile Home Sales and Service
[14] Vocational and Home Study Schools
§ 7.04 Repealed Rules Summary
[1] Advertising and Labeling of Sleeping Bag Size [repealed]
[2] Household Electric Sewing Machines—Use of Term “Automatic” [repealed]
[3] Deception Regarding Prismatic Binoculars [repealed]
[4] Deception Regarding “Leakproof” Dry Cell Batteries [repealed]
[5] Advertising and Labeling of Tablecloth Size [repealed]
[6] Representations as to Leather Content of Belts [repealed]
[7] Advertising and Labeling of Previously Used Lubricating Oil [repealed]
[8] Health Hazard Labeling of Cigarettes
[9] Light Bulb Industry [repealed]
[10] Advertising Sizes of Television Pictures
[11] Disclosure Relating to the Handling of Glass Fiber Fabrics [repealed]
[12] Deception as to Transistor Count of Radios [repealed]
[13] Disclosure of the Lethal Effects of Inhaling Quick-Freeze Aerosol Spray Products Used to Frost Cocktail Glasses [repealed]
[14] Length of Extension Ladders [repealed]
[15] Games of Chance in the Food Retailing and Gasoline Industries [repealed]

* Repealed Consumer Protection Trade Rules have been transferred to § 7.04.

CHAPTER 8
The Clayton Act

§ 8.01 Historical Perspective and FTC Enforcement Responsibility
§ 8.02 The Robinson-Patman Act Amendments—Section 2
[1] Introduction
[2] The Commerce Requirement
[3] The “Commodity” Requirement
[4] Price Discrimination—Section 2(a)
[5] Brokerage Payments—Section 2(c)
[6] Allowances and Services—Sections 2(d) and (e)
[7] Buyer Liability for Inducing Price Discrimination—Section 2(f)
[8] FTC Enforcement Posture
§ 8.03 Exclusive Dealing and Tying—Section 3
[1] Tying Arrangements
[2] Exclusive Dealing
[3] FTC Enforcement
§ 8.04 Mergers and Acquisitions—Section 7
[1] Introduction
[2] Legislative Intent
[3] Requirement That Commerce Be Affected
[4] Markets in Which to Test Competitive Effects
[5] Evaluation of Competitive Impact of Mergers
§ 8.05 Hart-Scott-Rodino Premerger Notification—Section 7A
[1] Identification of the Parties
[2] Commerce Test
[3] Size of Parties and Transaction Tests
[4] Subsequent Acquisitions
[5] Special Situations
[6] Notification Requirements
[7] Request for Additional Information—“Second Request”
[8] Waiting Periods
[9] Confidentiality
[10] Exempted Transactions
[11] Enforcement
§ 8.06 Director and Officer Interlocks—Section 8

CHAPTER 9
Consumer Credit Protection Act

§ 9.01 Consumer Credit Protection Legislation
§ 9.02 Truth in Lending Act
[1] Introduction
[2] Basic Concepts
§ 9.03 Consumer Leasing Act
[1] Coverage of the Act
[2] Disclosure Requirements
[3] Advertising of Consumer Leases
§ 9.04 Fair Credit Billing Act
[1] Account Handling Procedures
[2] Billing Errors
[3] Creditor’s Rights and Duties After Resolution
[4] Provisions Relating to Credit Cards
§ 9.05 Administrative Enforcement of the Truth in Lending, Consumer Leasing and Fair Credit Billing Acts
[1] FTC Enforcement Responsibility
[2] Authority to Order Account Adjustments
§ 9.06 Fair Credit Reporting Act
[1] Consumer Reports
[2] Consumer Reporting Agencies
[3] Furnishers of Information to Consumer Reporting Agencies
[4] Uses of Consumer Reports
[5] Content of Reports
[6] Disclosures to Consumers
[7] Disputes Over Accuracy of Reports
[8] Maintenance of Procedures to Assure Compliance
[9] Fraud and Identity Theft Provisions
[10] Enforcement Mechanisms
[11] State Enforcement and Relation to State Laws
§ 9.07 Equal Credit Opportunity Act
[1] Discrimination Prohibited
[2] Required Notices
[3] Administrative Enforcement
[4] Civil Liability
§ 9.08 Fair Debt Collection Practices Act
[1] Debt Collectors Covered by the Act
[2] Debt Collector Communications
[3] Prohibited Practices
[4] Enforcement
[5] Exemption for State Regulation
§ 9.09 Electronic Fund Transfer Act
[1] Scope of the Act
[2] Regulated Aspects of Electronic Fund Transfers
[3] Enforcement
§ 9.10 Credit Repair Organizations Act
[1] Conduct Requirements
[2] Enforcement

CHAPTER 10
Other Laws for Which the FTC Has Enforcement Responsibilities

§ 10.01 Introduction
§ 10.02 Federal Cigarette Labeling and Advertising Act
§ 10.03 Webb-Pomerene Export Trade Act
§ 10.04 Textile, Wool and Fur Statutes and Rules
[1] Introduction
[2] Wool Products Labeling Act
[3] Fur Products Labeling Act
[4] Textile Fiber Products Identification Act
§ 10.05 Fair Packaging and Labeling Act
[1] Who Must Comply
[2] Consumer Commodities
[3] “Packaged” Consumer Commodities
[4] Labeling Requirements
[5] Enforcement of the Act
§ 10.06 Energy Related Enforcement Responsibilities
[1] Liquid Automotive Fuel Ratings, Certification and Posting
[1A] Labeling Requirements for Non-Liquid Alternative Fuels
[2] Consumer Appliance Labeling
[3] Fuel Economy Representations for Cars and Retrofit Devices
[4] Installation of Residential Energy Conservation Measures by Public Utilities
[5] Test Procedures and Labeling Standards for Recycled Oil
§ 10.07 Hobby Protection Act
§ 10.08 Magnuson-Moss Warranty Act
[1] Introduction
[2] Warranties Covered
[3] Required Disclosure of Warranty Terms
[4] Designation of Warranty as “Full” or “Limited”
[5] Limitations on Implied Warranties
[6] Use of Warranty Registration Cards
[7] Remedies
[8] Effect on State Law
§ 10.09 Comprehensive Smokeless Tobacco Health Education Act
§ 10.10 Comprehensive Deposit Insurance Reform and Taxpayer Protection Act
§ 10.11 Telephone Disclosure and Dispute Resolution Act
[1] Advertising of Pay-Per-Call Services
[2] Pay-Per-Call Service Standards
[3] Billing and Collection For Pay-Per-Call Services
[4] Enforcement
§ 10.12 Telemarketing and Consumer Fraud and Abuse Protection Act
[1] Scope
[2] Deceptive Acts and Practices Prohibited
[3] Abusive Telemarketing Acts or Practices Prohibited
[4] “Do Not Call” Provisions
[5] Enforcement and Preemption
§ 10.13 Children’s Online Privacy Protection Act of 1998
§ 10.14 Identity Theft and Assumption Deterrence Act of 1998
§ 10.15 Gramm-Leach-Bliley (Financial Privacy) Act
[1] Financial Institutions Defined and Enforcement Authority
[2] Circumstances That Trigger the Notice Requirement
[3] Contents of Policies and Practices Notice
[4] The Opt-Out Option
[5] Safeguarding Customer Information
§ 10.16 CAN-SPAM Act of 2003
§ 10.17 Medicare Prescription Drug, Improvement, and Modernization Act of 2003
§ 10.18 Sports Agent Responsibility and Trust Act
§ 10.19 Energy Independence and Security Act of 2007
§ 10.20 Health Information Technology for Economic and Clinical Health Act
§ 10.21 Mortgage Acts and Practices Rule
[1] Mortgage Acts and Practices (MAP)—Advertising Rule
[2] Mortgage Assistance Relief Services (MARS) Rule
§ 10.22 Restore Online Shoppers’ Confidence Act
§ 10.23 Consumer Fairness Review Act
§ 10.24 Better Online Ticket Sales Act

CHAPTER 11
Investigations

§ 11.01 Origination of Investigations
[1] Investigations Initiated in Response to Sources Outside the Commission
[2] Investigations Initiated from within the Commission
§ 11.02 Investigation Procedures
[1] Use of Investigatory Procedures
[2] Law Enforcement Investigations
[3] Compliance Investigations
[4] Disposition of Documents Submitted to the Commission
§ 11.03 Use of Compulsory Process
[1] Authority
[2] Compulsory Process Under Sections 6 and 9
[3] Civil Investigative Demands
§ 11.04 Confidentiality of Information Submitted to the FTC
[1] Statutory Protections
[2] Non-Statutory Assurances of Confidentiality
§ 11.05 Settlement Prior to Issuance of Complaint

CHAPTER 12
Litigation

§ 12.01 Choice of Adjudication over Rulemaking
§ 12.02 The Complaint
[1] Issuance Procedure
[2] Class Actions
[3] Indigent Respondents
[4] Amendment of Complaint
§ 12.03 Filing and Service Requirements
[1] Filing Requirements
[2] Service Requirements
[3] Time Requirements
§ 12.04 The Administrative Law Judge
[1] Appointment and Status
[2] Disqualification
[3] Substitution of Administrative Law Judge
[4] Ex Parte Contacts
[5] Authority, Powers and Duties
§ 12.05 Intervention
§ 12.06 Pleadings Directed at or Responding to the Complaint
[1] Motion for More Definite Statement
[2] Answer
[3] Dispositive Motions and Motions to Strike
[4] Indispensable Parties
[5] Joinder of Parties
[6] Res Judicata
[7] Limitations of Actions, Laches or Equitable Estoppel
§ 12.07 Post-Complaint Settlement
§ 12.08 Prehearing Procedures and Discovery
[1] Prehearing Conferences, and Scheduling
[2] Motions
[3] Discovery
§ 12.09 The Hearing
[1] Nature, Time and Place
[2] Evidence
[3] Jencks Act Statements
[4] Granting Immunity to Witnesses Compelled to Testify
[5] In Camera Treatment of Evidence
[6] Proposed Findings
[7] The Initial Decision
§ 12.10 Appeals to the Commission
[1] Interlocutory Appeals
[2] Appeal to the Commission from Initial Decision
[3] Award of Expenses and Attorney Fees to Prevailing Respondent
§ 12.11 Judicial Review
[1] Review of Actions Other Than Cease and Desist Orders
[2] Review of Final Cease and Desist Orders

CHAPTER 13
Rulemaking

§ 13.01 Rulemaking Authority under Section 6(g) of the FTC Act
§ 13.02 Subject Specific Rulemaking Authorized by Statute
§ 13.03 Magnuson-Moss Section 18 Trade Regulation Rulemaking
[1] FTC Authority
[2] Development of a Rulemaking Proposal
[3] Initiation of Rulemaking Proceeding
[4] Rulemaking Proceeding Procedures
[5] Promulgation of Rule
[6] The Rulemaking Record
[7] Communications with the Commission
[8] Funding for Public Participation
[9] Congressional Review of Final Rule
§ 13.04 Exemptions from Trade Regulation Rules
§ 13.05 Preemption of State Laws
§ 13.06 Judicial Review of FTC Rulemaking
[1] Review of Rules Promulgated Pursuant to Section 6(g)
[2] Review of Final Rules Promulgated Pursuant to Magnuson-Moss Procedures
[3] Interlocutory Review
§ 13.07 Enforcement of Rules

CHAPTER 14
Remedies

§ 14.01 Cease and Desist Orders
[1] Persons and Entities Subject to an Order
[2] Scope of Cease and Desist Orders
[3] Modification of Orders
§ 14.02 Court Injunctions
[1] Wheeler-Lea Act Injunctions Against False Advertising of Foods, Drugs, Devices and Cosmetics
[2] Injunctions Pursuant to the All Writs Act
[3] Injunctions Pending Completion of Administrative Proceeding
[4] Permanent Injunctions
[5] Injunctions in Connection with Civil Penalty Suits
§ 14.03 Civil Penalties for Order or Rule Violations
[1] Penalties for Respondent’s Violation of Its Order
[2] Penalties for Violation of Consumer Protection Order to Which Defendant is Not a Party
[3] Penalties for Violation of Trade Regulation Rules
[4] Criteria for Assessment of Penalties Against Nonrespondents and Rule Violators
[5] Mechanics of Institution of Penalty Suit
§ 14.04 Consumer Redress
[1] Redress for Violation of an FTC Rule
[2] Redress for Unfair or Deceptive Conduct
[3] Determination of Dollar Recovery
[4] Conclusiveness of FTC Findings in Redress Proceeding
[5] Statute of Limitations on Redress Actions
§ 14.05 Contempt of Court

Index

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