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Federal Trade Commission: Difference between revisions
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{{Organization | |||
|OrganizationName=Federal Trade Commission | |||
|OrganizationType=Independent Agencies | |||
|Mission=To protect consumers by preventing anticompetitive, deceptive, and unfair business practices, enhancing informed consumer choice and public understanding of the competitive process. It enforces federal antitrust and consumer protection laws to promote competition and protect consumers. | |||
|CreationLegislation=Federal Trade Commission Act of 1914 | |||
|Employees=1100 | |||
|Budget=Approximately $380 million (fiscal year 2024) | |||
|OrganizationExecutive=Chair | |||
|Services=Antitrust enforcement; consumer protection; privacy and data security regulation; competition policy | |||
|Regulations=Federal Trade Commission Act; Clayton Act; Children's Online Privacy Protection Act (COPPA); among others | |||
|HeadquartersLocation=38.89266, -77.02091 | |||
|HeadquartersAddress=600 Pennsylvania Avenue NW, Washington, DC 20580 | |||
|Website=https://www.ftc.gov | |||
}} | |||
{{short description|United States government agency}} | {{short description|United States government agency}} | ||
{{Infobox government agency | {{Infobox government agency | ||
| agency_name = Federal Trade Commission | | agency_name = Federal Trade Commission | ||
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In the mid-1990s, the FTC launched the fraud sweeps concept where the agency and its federal, state, and local partners filed simultaneous legal actions against multiple telemarketing fraud targets. The first sweeps operation was ''Project Telesweep'' in July 1995 which cracked down on 100 business opportunity scams.<ref>{{cite web |date=July 18, 1995 |title=Business Opportunity Scam "Epidemic" |url=http://www.ftc.gov/bcp/franchise/tsweep01.htm |url-status=dead |archive-url=https://web.archive.org/web/20070310140931/http://www.ftc.gov/bcp/franchise/tsweep01.htm |archive-date=March 10, 2007 |access-date=August 14, 2012 |publisher=Ftc.gov}}</ref>{{Secondary source needed|date=August 2024}} | In the mid-1990s, the FTC launched the fraud sweeps concept where the agency and its federal, state, and local partners filed simultaneous legal actions against multiple telemarketing fraud targets. The first sweeps operation was ''Project Telesweep'' in July 1995 which cracked down on 100 business opportunity scams.<ref>{{cite web |date=July 18, 1995 |title=Business Opportunity Scam "Epidemic" |url=http://www.ftc.gov/bcp/franchise/tsweep01.htm |url-status=dead |archive-url=https://web.archive.org/web/20070310140931/http://www.ftc.gov/bcp/franchise/tsweep01.htm |archive-date=March 10, 2007 |access-date=August 14, 2012 |publisher=Ftc.gov}}</ref>{{Secondary source needed|date=August 2024}} | ||
In the 2021 [[United States Supreme Court]] case, ''[[AMG Capital Management, LLC v. FTC]]'', the Court found unanimously that the FTC did not have power under {{UnitedStatesCodeSub|15|53|b}} of the FTC Act, amended in 1973, to seek equitable relief in courts; it had the power to seek only injunctive relief.<ref>{{cite web|last=Hurley|first=Lawrence|date=April 22, 2021|title=U.S. Supreme Court curbs FTC's power to recoup ill-gotten gains|url=https://www.reuters.com/business/finance/us-supreme-court-curbs-ftcs-power-recoup-ill-gotten-gains-2021-04-22/|publisher= | In the 2021 [[United States Supreme Court]] case, ''[[AMG Capital Management, LLC v. FTC]]'', the Court found unanimously that the FTC did not have power under {{UnitedStatesCodeSub|15|53|b}} of the FTC Act, amended in 1973, to seek equitable relief in courts; it had the power to seek only injunctive relief.<ref>{{cite web|last=Hurley|first=Lawrence|date=April 22, 2021|title=U.S. Supreme Court curbs FTC's power to recoup ill-gotten gains|url=https://www.reuters.com/business/finance/us-supreme-court-curbs-ftcs-power-recoup-ill-gotten-gains-2021-04-22/|publisher=Reuters|access-date=April 22, 2021}}</ref> | ||
In 2023, [[Project 2025]] suggested that an administration could abolish the FTC.<ref>{{Cite magazine |last=Elliott |first=Vittoria |date=August 1, 2024 |title=What Project 2025 Means for Big Tech … and Everyone Else |url=https://www.wired.com/story/project-2025-tech-industry/ |access-date=2024-08-04 |magazine=Wired |language=en-US |issn=1059-1028 |quote=And though some conservatives have railed against the dominance of Big Tech, Project 2025 also suggests that a second Trump administration could abolish the Federal Trade Commission (FTC), which currently has the power to enforce antitrust laws.}}</ref> | In 2023, [[Project 2025]] suggested that an administration could abolish the FTC.<ref>{{Cite magazine |last=Elliott |first=Vittoria |date=August 1, 2024 |title=What Project 2025 Means for Big Tech … and Everyone Else |url=https://www.wired.com/story/project-2025-tech-industry/ |access-date=2024-08-04 |magazine=Wired |language=en-US |issn=1059-1028 |quote=And though some conservatives have railed against the dominance of Big Tech, Project 2025 also suggests that a second Trump administration could abolish the Federal Trade Commission (FTC), which currently has the power to enforce antitrust laws.}}</ref> | ||
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(chair) | (chair) | ||
| style="background-color:{{party color|Democratic Party (US)}}" | | | style="background-color:{{party color|Democratic Party (US)}}" | | ||
| | |Democratic | ||
|Legal scholar | |Legal scholar | ||
|[[Williams College]] ([[Bachelor of Arts|BA]]) | |[[Williams College]] ([[Bachelor of Arts|BA]]) | ||
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![[Rebecca Slaughter]] | ![[Rebecca Slaughter]] | ||
| style="background-color:{{party color|Democratic Party (US)}}" | | | style="background-color:{{party color|Democratic Party (US)}}" | | ||
| | |Democratic | ||
|Legal advisor to Senator [[Chuck Schumer]] | |Legal advisor to Senator [[Chuck Schumer]] | ||
|[[Yale University]] (BA) | |[[Yale University]] (BA) | ||
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![[Alvaro Bedoya]] | ![[Alvaro Bedoya]] | ||
| style="background-color:{{party color|Democratic Party (US)}}" | | | style="background-color:{{party color|Democratic Party (US)}}" | | ||
| | |Democratic | ||
|Director of the [[Center on Privacy and Technology]] at the [[Georgetown University Law Center]] | |Director of the [[Center on Privacy and Technology]] at the [[Georgetown University Law Center]] | ||
|[[Harvard College]] (BA) | |[[Harvard College]] (BA) | ||
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==== Bureau of Competition ==== | ==== Bureau of Competition ==== | ||
The Bureau of Competition is the division of the FTC charged with elimination and prevention of "anticompetitive" business practices. It accomplishes this through the enforcement of [[antitrust]] laws, review of proposed [[merger]]s, and investigation into other non-merger business practices that may impair competition. Such non-merger practices include horizontal restraints, involving agreements between direct competitors, and [[vertical restraints]], involving agreements among businesses at different levels in the same industry (such as suppliers and commercial buyers). | The [[Bureau of Competition]] is the division of the FTC charged with elimination and prevention of "anticompetitive" business practices. It accomplishes this through the enforcement of [[antitrust]] laws, review of proposed [[merger]]s, and investigation into other non-merger business practices that may impair competition. Such non-merger practices include horizontal restraints, involving agreements between direct competitors, and [[vertical restraints]], involving agreements among businesses at different levels in the same industry (such as suppliers and commercial buyers). | ||
The FTC shares enforcement of antitrust laws with the [[United States Department of Justice|Department of Justice]]. However, while the FTC is responsible for civil enforcement of antitrust laws, the [[Antitrust Division of the Department of Justice]] has the power to bring both civil and criminal action in antitrust matters. | The FTC shares enforcement of antitrust laws with the [[United States Department of Justice|Department of Justice]]. However, while the FTC is responsible for civil enforcement of antitrust laws, the [[Antitrust Division of the Department of Justice]] has the power to bring both civil and criminal action in antitrust matters. | ||
==== Bureau of Consumer Protection ==== | ==== Bureau of Consumer Protection ==== | ||
The Bureau of Consumer Protection's mandate is to protect consumers against unfair or deceptive acts or practices in commerce. With the written consent of the commission, Bureau attorneys enforce federal laws related to consumer affairs and rules promulgated by the FTC. Its functions include investigations, enforcement actions, and consumer and business education. Areas of principal concern for this bureau are: advertising and marketing, financial products and practices, [[telemarketing fraud]], privacy and identity protection, etc. The bureau also is responsible for the [[United States National Do Not Call Registry]]. | The [[Bureau of Consumer Protection]]'s mandate is to protect consumers against unfair or deceptive acts or practices in commerce. With the written consent of the commission, Bureau attorneys enforce federal laws related to consumer affairs and rules promulgated by the FTC. Its functions include investigations, enforcement actions, and consumer and business education. Areas of principal concern for this bureau are: advertising and marketing, financial products and practices, [[telemarketing fraud]], privacy and identity protection, etc. The bureau also is responsible for the [[United States National Do Not Call Registry]]. | ||
Under the FTC Act, the commission has the authority, in most cases, to bring its actions in federal court through its own attorneys. In some consumer protection matters, the FTC appears with, or supports, the [[U.S. Department of Justice]]. | Under the FTC Act, the commission has the authority, in most cases, to bring its actions in federal court through its own attorneys. In some consumer protection matters, the FTC appears with, or supports, the [[U.S. Department of Justice]]. | ||
==== Bureau of Economics ==== | ==== Bureau of Economics ==== | ||
The Bureau of Economics was established to support the Bureau of Competition and Consumer Protection by providing expert knowledge related to the economic impacts of the FTC's legislation and operation. | The [[Bureau of Economics]] was established to support the Bureau of Competition and Consumer Protection by providing expert knowledge related to the economic impacts of the FTC's legislation and operation. | ||
==== Other offices ==== | ==== Other offices ==== | ||
* The FTC maintains an Office of Technology Research and Investigation to assist it in technology-related enforcement actions.<ref>{{Cite web|date=2015-08-05|title=Office of Technology Research and Investigation|url=https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection/office-technology-research-investigation|access-date=2020-11-28|website=Federal Trade Commission|language=en}}</ref> | * The FTC maintains an [[Office of Technology Research and Investigation]] to assist it in technology-related enforcement actions.<ref>{{Cite web|date=2015-08-05|title=Office of Technology Research and Investigation|url=https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection/office-technology-research-investigation|access-date=2020-11-28|website=Federal Trade Commission|language=en}}</ref> | ||
* The FTC generally selects its Chief Technologist from among computer science academics and noted practitioners.<ref>{{Cite web|date=2018-05-01|title=FTC Chief Technologists|url=https://www.ftc.gov/about-ftc/biographies/ftc-chief-technologist|access-date=2020-11-28|website=Federal Trade Commission|language=en}}</ref> The role has previously been filled by [[Steven M. Bellovin|Steven K. Bellovin]], [[Lorrie Cranor]], [[Edward Felten]], [[Ashkan Soltani]], and [[Latanya Sweeney]]. | * The FTC generally selects its [[Chief Technologist]] from among computer science academics and noted practitioners.<ref>{{Cite web|date=2018-05-01|title=FTC Chief Technologists|url=https://www.ftc.gov/about-ftc/biographies/ftc-chief-technologist|access-date=2020-11-28|website=Federal Trade Commission|language=en}}</ref> The role has previously been filled by [[Steven M. Bellovin|Steven K. Bellovin]], [[Lorrie Cranor]], [[Edward Felten]], [[Ashkan Soltani]], and [[Latanya Sweeney]]. | ||
* The FTC also maintains an academic in residence program, inviting leading legal scholars to join the FTC for a year as a Senior Policy Advisor. The role has been held by [[Tim Wu]] in 2011,<ref>{{Cite web|title=Professor Tim Wu Named Advisor to Federal Trade Commission on Consumer Protection, Competition|url=https://www.law.columbia.edu/news/archive/professor-tim-wu-named-advisor-federal-trade-commission-consumer-protection-competition|access-date=2020-11-28|website=law.columbia.edu|language=en}}</ref> Paul Ohm in 2012,<ref>{{Cite web|date=2012-05-21|title=Professor Paul Ohm Named Advisor to Federal Trade Commission|url=https://www.colorado.edu/law/2012/05/21/professor-paul-ohm-named-advisor-federal-trade-commission|access-date=2020-11-28|website=Colorado Law|language=en}}</ref> and [[Andrea M. Matwyshyn]] in 2014.<ref>{{Cite web|date=2013-11-18|title=FTC Names Latanya Sweeney as Chief Technologist; Andrea Matwyshyn as Policy Advisor|url=https://www.ftc.gov/news-events/press-releases/2013/11/ftc-names-latanya-sweeney-chief-technologist-andrea-matwyshyn|access-date=2020-11-28|website=Federal Trade Commission|language=en}}</ref> | * The FTC also maintains an academic in residence program, inviting leading legal scholars to join the FTC for a year as a Senior Policy Advisor. The role has been held by [[Tim Wu]] in 2011,<ref>{{Cite web|title=Professor Tim Wu Named Advisor to Federal Trade Commission on Consumer Protection, Competition|url=https://www.law.columbia.edu/news/archive/professor-tim-wu-named-advisor-federal-trade-commission-consumer-protection-competition|access-date=2020-11-28|website=law.columbia.edu|language=en}}</ref> Paul Ohm in 2012,<ref>{{Cite web|date=2012-05-21|title=Professor Paul Ohm Named Advisor to Federal Trade Commission|url=https://www.colorado.edu/law/2012/05/21/professor-paul-ohm-named-advisor-federal-trade-commission|access-date=2020-11-28|website=Colorado Law|language=en}}</ref> and [[Andrea M. Matwyshyn]] in 2014.<ref>{{Cite web|date=2013-11-18|title=FTC Names Latanya Sweeney as Chief Technologist; Andrea Matwyshyn as Policy Advisor|url=https://www.ftc.gov/news-events/press-releases/2013/11/ftc-names-latanya-sweeney-chief-technologist-andrea-matwyshyn|access-date=2020-11-28|website=Federal Trade Commission|language=en}}</ref> | ||
== Activities == | == Activities == | ||
{{Competition law}} | |||
The FTC investigates issues raised by reports from consumers and businesses, pre-merger notification filings, congressional inquiries, or reports in the [[mass media|media]]. These issues include, for instance, [[false advertising]] and other forms of [[fraud]]. FTC investigations may pertain to a single company or an entire industry. If the results of the investigation reveal unlawful conduct, the FTC may seek voluntary compliance by the offending business through a [[consent judgment|consent order]], file an administrative complaint, or initiate federal litigation. During the course of regulatory activities, the FTC is authorized to collect records, but not on-site inspections.<ref>{{Cite journal|last=Van Loo|first=Rory|date=2018-08-01|title=Regulatory Monitors: Policing Firms in the Compliance Era|url=https://scholarship.law.bu.edu/faculty_scholarship/265|journal=Faculty Scholarship|volume=119 |issue=2 |page=369 }}</ref> | The FTC investigates issues raised by reports from consumers and businesses, pre-merger notification filings, congressional inquiries, or reports in the [[mass media|media]]. These issues include, for instance, [[false advertising]] and other forms of [[fraud]]. FTC investigations may pertain to a single company or an entire industry. If the results of the investigation reveal unlawful conduct, the FTC may seek voluntary compliance by the offending business through a [[consent judgment|consent order]], file an administrative complaint, or initiate federal litigation. During the course of regulatory activities, the FTC is authorized to collect records, but not on-site inspections.<ref>{{Cite journal|last=Van Loo|first=Rory|date=2018-08-01|title=Regulatory Monitors: Policing Firms in the Compliance Era|url=https://scholarship.law.bu.edu/faculty_scholarship/265|journal=Faculty Scholarship|volume=119 |issue=2 |page=369 }}</ref> | ||
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{{Commons category|Federal Trade Commission}} | {{Commons category|Federal Trade Commission}} | ||
*{{official website|https://www.ftc.gov/}} | *{{official website|https://www.ftc.gov/}} | ||
[https://reportfraud.ftc.gov/ Report fraud website] of the FTC | |||
*[https://www.federalregister.gov/agencies/federal-trade-commission Federal Trade Commission] in the [[Federal Register]] | *[https://www.federalregister.gov/agencies/federal-trade-commission Federal Trade Commission] in the [[Federal Register]] | ||
*[https://www.ecfr.gov/current/title-16/chapter-I Federal Trade Commission] in the [[Code of Federal Regulations]] | *[https://www.ecfr.gov/current/title-16/chapter-I Federal Trade Commission] in the [[Code of Federal Regulations]] | ||