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Topic: Federal Trade Commission Act


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  Federal Trade Commission - Wikipedia, the free encyclopedia
FTC headquarters, Washington, D.C. The Federal Trade Commission (or FTC) is an independent agency of the United States government, established in 1914.
The FTC enforces federal antitrust and consumer protection laws by investigating complaints against individual companies initiated by consumers, businesses, congressional inquiries, or reports in the media.
The FTC was Wilson's final act against trusts in the Progressive Era.
en.wikipedia.org /wiki/Federal_Trade_Commission   (172 words)

  
 The FTC Act
A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate.
''Acts to regulate commerce'' means subtitle IV of title 49 and the Communications Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto.
In determining whether an act or practice is unfair, the Commission may consider established public policies as evidence to be considered with all other evidence.
www.stolaf.edu /people/becker/antitrust/statutes/ftc.html   (1255 words)

  
 [No title]
The provision of Section 1 of the Federal Trade Commission Act that “Any commissioner may be removed by the President for inefficiency, neglect of duty or malfeasance in office,” restricts the power of the President to remove except upon one or more of the causes stated.
A comparison of Section 1 of the Federal Trade Commission Act with the Statute considered in the Shurtleff case demonstrates that Section 1 of the Federal Trade Commission Act was intended to restrict the power of the President to remove a Commissioner except for the causes stated.
Section 1 of the Act provides for the establishment of a Federal Trade Commission to be composed of five commissioners appointed by the President by and with the consent of the Senate.
www.yale.edu /lawweb/avalon/curiae/html/295-602/002.htm   (12860 words)

  
 Federal Trade Commision
In some of its first decisions, however, the commission found that the two interests were not mutually exclusive, since it was possible to steal business from a competitor by deceiving consumers.
Consequently, the commission's oversight of competition generally involves enforcement of the Sherman and Clayton Acts, as well as the Robinson-Patman Act.
The new definition of "unfairness" permits the commission to regulate marketing practices that (1) cause or are likely to cause substantial injury to consumers, (2) are not reasonably avoidable by consumers, and (3) are not outweighed by countervailing benefits to consumers or to competition.
www.museum.tv /archives/etv/F/htmlF/federaltrade/federaltrade.htm   (1140 words)

  
 Federal Trade Commission. The Columbia Encyclopedia, Sixth Edition. 2001-05
The act was part of the program of President Wilson to check the growth of monopoly and preserve competition as an effective regulator of business.
To enforce antitrust legislation, the commission is empowered to issue cease-and-desist orders upon ascertaining to its satisfaction that the laws are being violated.
Despite the fact that the commission’s investigatory power was thus greatly limited, it has made and published a notable series of investigations.
www.bartleby.com /65/fe/FedTC.html   (464 words)

  
 HyperWar: U.S. Government Manual--1945 [Federal Trade Commission]
Foreign Trade Investigations.--The Commission is charged, under section 6 of the Federal Trade Commission Act, with investigating trade conditions in and with foreign countries where associations, combinations, or practices of manufacturers, merchants or traders, or other conditions, may affect the foreign trade of the United States.
Export Trade.--The Commission administers and enforces the Webb-Pomerene Export Trade Act, which provides that the antitrust laws shall not be construed to prohibit the organization and operation of export associations filing documents and reports with the Commission, subject to certain safeguards in protection of interstate and foreign commerce.
Trade Practice Rules.--The Commission, through its trade practice conferences, utilizes the voluntary cooperation of industry members to aid in the promulgation of trade practice rules for an industry which define and prohibit practices therein deemed to be unfair or deceptive.
www.ibiblio.org /hyperwar/ATO/USGM/FTC.html   (1842 words)

  
 FDA - Federal Trade Commission Act
Whenever the Commission has reason to believe that any person, partnership, or corporation is liable for a criminal penalty under this subchapter, the Commission shall certify the facts to the Attorney General, whose duty it shall be to cause appropriate criminal proceedings to be brought.
The Commission shall not have any authority to promulgate any rule in the children's advertising proceeding pending on May 28, 1980, or in any substantially similar proceeding on the basis of a determination by the Commission that such advertising constitutes an unfair act or practice in or affecting commerce.
If the Commission satisfies the court that the act or practice to which the cease and desist order relates is one which a reasonable man would have known under the circumstances was dishonest or fraudulent, the court may grant relief under subsection (b) of this section.
www.fda.gov /opacom/laws/ftca.htm   (9513 words)

  
 Encyclopedia: Federal Trade Commission Act
The Federal Trade Commission Act of 1814 established the Federal Trade Commission, a bipartisan body of five members appointed by the President of the United States for seven year terms.
United States federal legislation The Interstate Commerce Commission (ICC; 1887 - 1995) was a government regulatory body in the United States created by the Interstate Commerce Act of 1887, which was signed into law by President Grover Cleveland.
Any party required by such order of the commission to cease and desist from using such method of competition may obtain a review of such order in said circuit court of appeals by filing in the court a written petition praying that the order of the commission be set aside....
www.nationmaster.com /encyclopedia/Federal-Trade-Commission-Act   (582 words)

  
 Federal Trade Commission
., That a commission is hereby created and established, to be known as the Federal Trade Commission (hereinafter referred to as the commission), which shall be composed of five commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate.
That upon the organization of the commission and election of its chairman, the Bureau of Corporations and the offices of Commissioner and Deputy Commissioner of Corporations shall cease to exist; and all pending investigations and proceedings of the Bureau of corporations shall be continued by the commission....
The commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, and common carriers subject to the Acts to regulate commerce, from using unfair methods of competition in commerce.
www.multied.com /Documents/FTC.html   (1062 words)

  
 Federal Trade Commission on Encyclopedia.com   (Site not responding. Last check: 2007-10-07)
Federal Trade Commission testifies before House Committee on competition in the petroleum industry.
Federal Trade Commission announces plan to revise 'green' advertising guidelines.
Acting Deputy Administrator of the Federal Aviation Administration (FAA) answers questions from the National Commission on Terrorist Attacks (9/11 Commission) during the commission's final hearing in Washington, DCDirector Jeff Griffith.
www.encyclopedia.com /html/f/fedt1c1.asp   (1222 words)

  
 Charleston Attorneys | Charleston Lawyers | Charleston Law Firm | Unfair Trade Practices | Futeral Law Firm   (Site not responding. Last check: 2007-10-07)
Like the FTC Act, the UTPA prohibits "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce" and addresses both consumer protection and anticompetitive behavior in the marketplace.
Logically, although the consumer report may have affected trade or commerce by turning potential customers away from the plaintiff, the defendant was not directly engaged in trade or commerce, rather, it was simply reporting the news.
Despite the fact that the UTPA's scope is not strictly tied to the FTC Act and that South Carolina courts are free to find methods, acts or practices not previously declared unlawful by the FTC or the Federal courts, the courts have not strayed wildly from FTC Act interpretations.
www.charlestonlaw.net /upta.htm   (6135 words)

  
 FEDERAL TRADE COMMISSION, Plaintiff, v. STAPLES, INC. and OFFICE DEPOT, INC., Defendants.
The FTC is an administrative agency of the United States organized and existing pursuant to the Federal Trade Commission Act, 15 U.S.C. The Commission is responsible, inter alia for enforcing federal antitrust laws, particularly Section 7 of the Clayton Act, and Sections 5 and 13(b) of the Federal Trade Commission Act.
On March 10, 1997, the Commission voted 4-1 to challenge the merger and authorized commencement of an action under Section 13(b) of the Federal Trade Commission Act, 15 U.S.C. § 53(b), to seek a temporary restraining order and a preliminary injunction barring the merger.
The Commission satisfies its burden to show likelihood of success if it "raises questions going to the merits so serious, substantial, difficult, and doubtful as to make them fair ground for through investigation, study, deliberation and determination by the Commission in the first instance and ultimately by the Court of Appeals." FTC v.
www.lawmall.com /rpa/staplcas.html   (14594 words)

  
 Federal Trade Commission Reauthorization Act of 2003
This Act may be cited as the `Federal Trade Commission Reauthorization Act of 2003'.
`(2) The Commission is authorized to expend appropriated funds for the retention of foreign counsel for consultation and for litigation in foreign courts, and for expenses related to consultation and to litigation in foreign courts in which the Commission has an interest.'.
The Commission may accept payment or reimbursement, in cash or in kind, from a foreign government agency to which this section is applicable, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, and employees in carrying out such arrangements.'.
www.theorator.com /bills108/s1234.html   (3062 words)

  
 Hairfacts: Federal Trade Commission letter to Rejuvenu
The Complaint sets forth the kinds of advertising claims for RFE tweezer-type epilation devices that the Commission had reason to believe may be deceptive and therefore in violation of Section 5 of the Federal Trade Commission Act (15 U.S.C. Copies of the advertisements and promotional materials that the Commission challenged are appended to the complaint.
The Commission alleged that the respondent did not possess and rely upon a reasonable basis that substantiated these representations, as it was required by law to do.
Please note that the original order that was issued on November 4, 1988, was modified by the Commission on November 20, 1991, to eliminate the requirement for a disclosure about lack of reliable evidence of anything but temporary hair removal.
www.hairfacts.com /makers/etweezer/ihrs/ftcactions.html   (643 words)

  
 APPLICATION OF THE DOUBLE JEOPARDY CLAUSE TO DISGORGEMENT ORDERS UNDER THE FEDERAL TRADE COMMISSION ACT
for an opinion whether, in a civil suit brought by the Federal Trade Commission ("FTC") challenging unfair trade practices, the Double Jeopardy Clause of the Fifth Amendment to the Constitution is implicated by a judgment requiring restitution and ordering that, in the event restitution is impracticable, the defendant pay money to the United States Treasury.
Section 13(b) of the Federal Trade Commission Act, 15 U.S.C. ยง 53(b) (1994), authorizes the FTC to seek, and federal district courts to grant, preliminary and permanent injunctions against practices that violate any of the laws enforced by the FTC.
If the Commission, in its sole discretion, determines that redress is wholly or partially impracticable, any funds not so used shall be deposited in the United States Treasury.
www.usdoj.gov /olc/disgorgement.htm   (1860 words)

  
 FDIC: FIL-26-2004: Unfair or Deceptive Acts or Practices Under Section 5 of the Federal Trade Commission Act
The FDIC and the Board of Governors of the Federal Reserve System are issuing guidance to state-chartered banks to outline the standards that the agencies will consider when applying the prohibitions against unfair or deceptive acts or practices found in section 5 of the Federal Trade Commission Act.
The Federal Deposit Insurance Corporation (FDIC) and the Board of Governors of the Federal Reserve System are jointly issuing the attached guidance to state-chartered banks regarding unfair or deceptive acts or practices prohibited by section 5 of the Federal Trade Commission (FTC) Act.
In FIL-57-2002, issued May 30, 2002, the FDIC informed state nonmember banks that these prohibitions apply to their activities, and that the FDIC would issue guidance about how institutions could avoid engaging in practices that might be viewed as unfair or deceptive.
www.fdic.gov /news/news/financial/2004/fil2604.html   (407 words)

  
 Federal Trade Commission - Privacy Initiatives
The Federal Trade Commission is educating consumers and businesses about the importance of personal information privacy, including the security of personal information.
Under the FTC Act, the Commission guards against unfairness and deception by enforcing companies' privacy promises about how they collect, use and secure consumers' personal information.
Under the Gramm-Leach-Bliley Act, the Commission has implemented rules concerning financial privacy notices and the administrative, technical and physical safeguarding of personal information, and it aggressively enforces against pretexting.
www.ftc.gov /privacy   (284 words)

  
 Federal Reserve Bank of Philadelphia - Supervision, Regulation, and Credit - Compliance Corner   (Site not responding. Last check: 2007-10-07)
By its terms, the prohibition does not exclude banks, and thus the banking agencies may use their authority under section 8 of the Federal Deposit Insurance Act (FDI Act) to enforce compliance with the prohibition.
The fact that banks are excluded from the FTC's authority to enforce this prohibition merely reflects Congress' preference that the banking agencies–not the FTC–are the appropriate enforcing authorities for banks.
On May 30, the Federal Reserve Board released a letter from Chairman Alan Greenspan to Rep. John J. LaFalce confirming the application to banks of the prohibition contained in section 5 of the Federal Trade Commission Act against unfair or deceptive acts or practices.
www.phil.frb.org /src/srcinsights/srcinsights/q2cc3.html   (423 words)

  
 IN RE ROGERIO MONTEIRO - Legal Case Documents   (Site not responding. Last check: 2007-10-07)
DOCKET NO. C-3767 COMPLAINT The Federal Trade Commission, having reason to believe that Rogerio Monteiro and Eliana Crema ("respondents"), owners of the business known as Leeka Products, have violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: 1.
Tratamiento para Combatir la Caida del Cabello is a "cosmetic" and/or a "drug" within the meaning of Sections 12 and 15 of the Federal Trade Commission Act.
The acts and practices of respondents alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act.
www.legalcasedocs.com /120/247/940.html   (1370 words)

  
 Federal Trade Commission Act   (Site not responding. Last check: 2007-10-07)
The Commission shall determine whether to alter, modify, or set aside any order of the Commission in response to a request made by a person, partnership, or corporation under paragraph
The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of section 45 of this title.
persons is not necessary to prevent the unfair or deceptive act or practice to which the rule relates, the Commission may exempt such person or class from all or part of such rule.
www.advertisinglawplaybook.com /documents/federal_trade_commission_act.htm   (8213 words)

  
 Trade commission runs Web dragnet
The commission’s goal was to bolster consumer confidence during the holiday season.
In one such case, the commission in August reached a $10,000 settlement agreement with Hillary Sheinkin after filing suit in the U.S. District Court in South Carolina.
The commission filed suit against John Zuccarini and more than 20 of his companies—many of which had the word “cupcake” in their names—for using mousetraps to illegally earn between $800,000 and $1 million annually from advertisers on his sites.
www.gcn.com /21_9/top-stories/18494-1.html   (1188 words)

  
 FCIC: Fair Credit Reporting
The Fair Credit Reporting Act (FCRA), enforced by the Federal Trade Commission, is designed to promote accuracy and ensure the privacy of the information used in consumer reports.
For example, the creditor must tell you whether you were denied because you have "no credit file" with a CRA or because the CRA says you have "delinquent obligations." The ECOA also requires creditors to consider additional information you might supply about your credit history.
Although the FTC can't act as your lawyer in private disputes, information about your experiences and concerns is vital to the enforcement of the Fair Credit Reporting Act.
www.pueblo.gsa.gov /cic_text/money/fair-credit/fair-crd.htm   (1458 words)

  
 EPA: Federal Register: Notice of Lodging of Consent Decree Pursuant to the Federal Insecticide Fungicide and ...
EPA: Federal Register: Notice of Lodging of Consent Decree Pursuant to the Federal Insecticide Fungicide and Rodenticide Act and the Federal Trade Commission Act
Notice of Lodging of Consent Decree Pursuant to the Federal Insecticide Fungicide and Rodenticide Act and the Federal Trade Commission Act
In its Complaints, the United States asserted claims against four corporations and two individuals under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec.
www.epa.gov /fedrgstr/EPA-GENERAL/1998/May/Day-26/g13894.htm   (323 words)

  
 FTC Enforcement Actions & Guides Affecting Web Sites
The Federal Trade Commission enforces 46 federal laws, including many laws that apply to web sites.
15 U.S.C. the Commission seeks to: (a) prevent unfair methods of competition, and unfair or deceptive acts or practices in or affecting commerce; (b) obtain money and other relief for injured consumers; (c) define and prevent unfair or deceptive practices; and (d) investigate the business, practices, and management of entities engaged in commerce.
The FTC has become very active and aggressive in taking enforcement action against internet companies it believes have violated federal law.
www.keytlaw.com /FTC/ftcactions.htm   (212 words)

  
 Treatment mills under the Federal Trade Commission Act   (Site not responding. Last check: 2007-10-07)
The views expressed in this paper are exclusively those of the author and do not represent the views of the Federal Trade Commission, of any Commissioner, or of any other member of the Commission's staff.
This paper is based on a presentation made by the author at the meeting of the American Urological Association's Society for the Study of Impotence on April 12, 1997.
The author addresses the general applicability of the Federal Trade Commission Act to advertising by so-called impotence 'treatment mills,' focusing in particular on the Federal Trade Commission's case in the matter of Genetus Alexandria, Inc., et al.
www.nature.com /ijir/journal/v10/n2/abs/3900327a.html   (180 words)

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