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The FTC has authority to issue formal opinions regarding debt collectors ' conduct under the FDCPA, but the Dodd-Frank Wall Street Reform and Consumer Protection Act transfers authority for rule making to the new Consumer Financial Protection Bureau ( CFPB ) effective between January 21, 2011 and July 21, 2011.
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FTC and has
Using its authority under Section 5 of the FTC Act, which prohibits unfair or deceptive practices, the FTC has brought a number of cases to enforce the promises in corporate privacy statements, including promises about the security of consumers ’ personal information.
The U. S. Federal Trade Commission ( FTC ) has very strict regulations as to what can and what cannot be called " synthetic " stone.
The FTC says: "§ 23. 23 ( c ) It is unfair or deceptive to use the word " laboratory-grown ," " laboratory-created ," " name-created ," or " synthetic " with the name of any natural stone to describe any industry product unless such industry product has essentially the same optical, physical, and chemical properties as the stone named.
From Anywhere .” The FTC has obtained a temporary order prohibiting the defendants from selling the software and disconnecting from the Internet any of their servers that collect, store, or provide access to information that this software has gathered.
The Federal Trade Commission ( FTC ) has the authority to issue regulations and enforce COPPA.
To date, the FTC has granted safe harbor to four companies: TRUSTe, ESRB, CARU and Privo.
The FTC has brought a number of actions against website operators for failure to comply with COPPA requirements, including actions against Girl's Life, Inc., American Pop Corn Company, Lisa Frank, Inc., Mrs. Field's Cookies, and Hershey Foods.
Though the FTC has some overlapping responsibilities with the Department of Justice, and although the Robinson Patman Act is an amendment to the Clayton Act, the Robinson Patman act is not widely considered to be in the core area of the antitrust laws.
" The Federal Trade Commission ( FTC ) has jurisdiction over financial institutions similar to, and including, these:
Since its inception, the FTC has enforced the provisions of the Clayton Act, a key antitrust statute, as well as the provisions of the FTC Act, et seq.
Over time, the FTC has been delegated the enforcement of additional business regulation statutes and has promulgated a number of regulations ( codified in Title 16 of the Code of Federal Regulations ).
Under the FTC Act, the Commission has the authority, in most cases, to bring its actions in federal court through its own attorneys.
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.
After adverse results in which the independent administrative law judges have ruled against the FTC ( Schering Plough and Rambus ), there has been a move towards FTC commissioners being appointed as ALJ ( Commissioner Rosch in Inova Health ).
Additionally, the FTC has rulemaking power to address concerns regarding industry-wide practices.
The FTC has been involved in the oversight of the online advertising industry and its practice of behavioral targeting for some time.
The FTC also has authority over unfair methods of competition between businesses.
The FTC has provided a set of guidelines that represent widely-accepted concepts concerning fair information practices in an electronic marketplace called the Fair Information Practice Principles.
* The frequency with which the FTC must purge the registry of disconnected and reassigned numbers has also been increased to several times a month.
Additionally, the FTC has been enforcing laws regarding testimonials and have filed suits against several companies for publishing " non-typical " and " completely fabricated " customer testimonials to support their claims within the infomercials.
FTC and authority
Under the FTC Act, the federal courts retain their traditional authority to issue equitable relief, including the appointment of receivers, monitors, the imposition of asset freezes to guard against the spoliation of funds, immediate access to business premises to preserve evidence, and other relief including financial disclosures and expedited discovery.
In numerous cases, the FTC employs this authority to combat serious consumer deception or fraud.
The statute declares that “ unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful .” Unfairness and deception towards consumers represent two distinct areas of FTC enforcement and authority.
Although subsequent trials and appeals from 1965 to 1973 concluded some of the FTC demands exceeded its authority, Geritol was already well known and continued to be the largest American company selling iron and B vitamin supplement through 1979.
When a business entity such as a private investigator, SIU insurance investigator, or an adjuster conducts any type of deception, it falls under the authority of the Federal Trade Commission ( FTC ).
The FTC will retain FDCPA enforcement authority, but the CFPB will take over the FTC's advisory opinion function.
The FTC has only rarely exercised its authority to issue advisory opinions, however.
In many cases, the FTC enforces the terms of privacy policies as promises made to consumers using the authority granted by Section 5 of the FTC Act which prohibits unfair or deceptive marketing practices.
FTC and issue
Whenever the Federal Trade Commission ( FTC ) has reason to believe that any person has violated 15 USC section 13, 14, 18 or 19, it must issue and serve on that person and on the Attorney General of the United States, a complaint stating its charges in that regard.
Issues relating to false guarantees have become so common that the FTC has specifically addressed the issue in the Code of Federal Regulations Handbook (§ 239. 1 ).
On 16 August, the Seoul High Court revealed their verdict on the issue: “ The FTC ( Fair Trade Commission ) has canceled all corrective orders against SM Entertainment, and the lawsuit costs will be paid by the defendant .” As a result, suspicions about SM Entertainment bargaining with music distributors have been found to be false.
FTC and formal
Good faith conformity with a formal opinion of the FTC constitutes a second statutory defense under the FDCPA.
FTC and opinions
Prior to 2000, the FTC had not issued any advisory opinions regarding the FDCPA, it has issued only four such opinions through 2009.
FTC and regarding
The FTC serves as a federal repository for individual consumer complaints regarding identity theft.
The Act has been largely unenforced, despite a letter to the FTC from Senator Burns, who noted that " Enforcement is key regarding the CAN-SPAM legislation.
The FDA and the FTC forbid use of the words " safe " or " safer than " regarding indoor tanning.
The Indoor Tanning Association settled with the FTC in January 2010 regarding false health and safety claims about indoor tanning.
The representative continued, “ We fully complied with the recent request by the FTC regarding our contract with a trainee.
FTC and debt
This report details consumer complaints to the FTC about alleged debt collector violations of the FDCPA.
The 2009 report indicated that the FTC received 78, 838 consumer complaints about third party debt collectors in 2008, which is an increase from the 70, 951 received in 2007.
The FTC receives more complaints about debt collectors than about any other specific industry, though the number of complaints represents a small percentage of the overall number of contacts by debt collectors with consumers.
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