Statutes Enforced or Administered by the Commission

The Commission has enforcement or administrative responsibilities under more than 70 laws. The agency’s primary statutes, the Federal Trade Commission Act and the Clayton Act, appear first followed by all of the other statutes in alphabetical order. The links for the statutes primarily are to uscode.house.gov, which updates the statutes on a regular basis. Please note, however, that the FTC cannot guarantee the accuracy of any particular statute or statute link at any particular time.

Displaying 41 - 60 of 82

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Hart-Scott-Rodino Antitrust Improvements Act of 1976

Mission:

Competition

Law:

15 U.S.C. § 18a

This Act, amending the Clayton Act, requires companies to file premerger notifications with the Federal Trade Commission and the Antitrust Division of the Justice Department for certain acquisitions. The Act establishes waiting periods that must elapse before such acquisitions may be consummated and authorizes the enforcement agencies to stay those periods until the companies provide certain additional information about the likelihood that the proposed transaction would substantially lessen competition in violation of Section 7 of the Clayton Act. The Act also requires a filing fee. The fees are evenly divided between and credited to the appropriations of the FTC and the Antitrust Division. The amount of the fee is based on the size of the transaction, with three fee tiers that are adjusted annually to account for increases in the Gross National Product.

Health Information Technology ("HITECH") Provisions of American Recovery and Reinvestment Act of 2009, Title XIII, Subtitle D

Mission:

Consumer Protection

Law:

Pub. L. No. 111-5, 123 Stat. 115, codified in relevant part at 42 U.S.C. § 17937 and 17953

This Act directs the FTC to issue a rule requiring certain entities that obtain consumers' personal information but are not subject to the Health Insurance Portability & Accountability Act ("HIPAA"), Pub. L. No. 104-191, 110 Stat. 1936, such as many vendors of personal health records and third party service providers, to notify affected individuals and the FTC (which notifies the Secretary of Health and Human Services) in the event of a data breach or inadvertent disclosure of unsecured identifiable health information in personal health records.

Hobby Protection Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 2101-2106

This Act, amended by the Collectible Coin Protection Act, Pub. L. No. 113-288, 128 Stat. 3281, prohibits manufacturing or importing imitation political items, and manufacturing, importing, or selling imitation numismatic items, unless they are marked in accordance with regulations prescribed by the Federal Trade Commission.

Home Ownership and Equity Protection Act

Mission:

Consumer Protection

Law:

Pub. L. No. 103-325, 108 Stat. 2190, codified to various parts of Truth in Lending Act, particularly 15 U.S.C. §§ 1601-02, §§1639-41

The Act, amending the Truth in Lending Act, establishes disclosure requirements and prohibits equity stripping and other abusive practices in connection with high-cost mortgages. The Dodd-Frank Act made substantial amendments to this Act.

Horseracing Integrity and Safety Act of the 2021 Consolidated Appropriations Act

Mission:

Consumer Protection

Law:

Pub. L. No. 116-260, 134 Stat. 1182, Division FF, Title XII, §§ 1203-1210

This Act creates a Horseracing Integrity and Safety Authority (“Authority”) as a private self-regulatory organization. The Authority must develop rules related to horseracing, including anti-doping, medication control and racetrack safety rules. The FTC is given broad oversight over the Authority. The FTC, after providing an opportunity for public comment, must approve or disapprove any rule proposed by the Authority. Civil sanctions imposed by the Authority for violations of its rules or standards may be appealed to the Commission for review by an Administrative Law Judge and by the Commission. The Authority must also submit guidance it develops to the Commission. In addition, certain practices involving drugs are made unfair or deceptive practices under Section 5(a) of the FTC Act.

Identity Theft Assumption and Deterrence Act of 1998

Mission:

Consumer Protection

Law:

Pub. L. 105–318, 112 Stat. 3010, codified in relevant part at 18 U.S.C. § 1028 note

Section 5 of this Act makes the FTC a central clearinghouse for identity theft complaints. The Act requires the FTC to log and acknowledge such complaints, provide victims with relevant information, and refer their complaints to appropriate entities (e.g., the major national consumer reporting agencies and other law enforcement agencies).

International Antitrust Enforcement Assistance Act of 1994

Mission:

Competition

Law:

15 U.S.C. §§ 6201-6212

The Act authorizes the Federal Trade Commission and the Justice Department to enter into mutual assistance agreements with foreign antitrust authorities. Under such agreements, U.S. and foreign authorities may share, subject to certain restrictions, evidence of antitrust violations and provide each other with investigatory assistance.

Interstate Commerce Commission Termination Act of 1995

Mission:

Competition

Law:

Pub. L. No. 104–88, 109 Stat. 803, codified in relevant part at 49 U.S.C. §10706

Section 102(a) of this Act, authorizing rail carrier rate agreements exempt from the antitrust laws, requires the Federal Trade Commission, in consultation with the Department of Justice, to file with the Surface Transportation Board within the Department of Transportation periodic reports that assess and make recommendations concerning possible anticompetitive features of rate agreements among common carriers.

Lanham Trade-Mark Act

Mission:

Competition

Consumer Protection

Law:

Pub. L. 87–772, 76 Stat. 769; codified in relevant part at 15 U.S.C. § 1064

Section 14 of this Act authorizes the Commission, under certain conditions, to apply to the Patent and Trademark Office for the cancellation of registered trademarks.

Magnuson Moss Warranty-Federal Trade Commission Improvements Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 2301-2312

Title I of this Act authorizes the Federal Trade Commission to develop regulations for written warranties. The Act directs the Commission to establish disclosure standards for written warranties, specifies standards for “full” warranties, limits disclaimer of implied warranties, and establishes consumer remedies for breach of warranty or service contract obligations. The E-Warranty Act of 2015, Pub. L. No. 114-51, 129 Stat. 494, amending this Title, requires the Commission to revise its rule on pre-sale availability of warranties to provide that disclosure of a warranty on the manufacturer's website complies with the rule so long as (a) the location of the website and an offline means of obtaining the warranty are indicated on the product, packaging, or manual, and (b) the seller makes the warranty available at the location of the sale before purchase.

Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Consolidated Appropriations Act of 2004

Mission:

Competition

Law:

Consolidated Appropriations Act, 2004, Pub. L. No. 108-199, 118 Stat. 3, amending the Magnuson-Stevens Fishery Conservation and Management Act, codified in relevant part at 16 U.S.C. § 1862

Section 801 of the Consolidated Appropriations Act instructs the Secretary of Commerce to implement a cooperative program for crab fisheries of the Bering Sea and Aleutian Islands, in which individuals receive processing quotas. The Act further specifies that it does not constitute a waiver of antitrust laws and instructs the Secretary of Commerce, in consultation with the DOJ and the FTC, to implement a mandatory information collection and review process to enable the DOJ and the FTC to determine if anyone receiving a quota under the program has committed any acts that violate any of the antitrust laws.

Medicare Prescription Drug, Improvement, and Modernization Act of 2003

Mission:

Competition

Law:

Pub. L. No. 108-173, 117 Stat. 2066, codified in relevant part at 21 U.S.C. § 355(j) (Section 1102), 21 U.S.C. § 355 note (Sections 1111-1118)

Section 1102 provides that an applicant for an abbreviated new drug approval may forfeit certain exclusive marketing rights in specified circumstances, including an FTC or court determination that the applicant has entered into an anticompetitive agreement with certain other entities. Sections 1111-1118 require agreements between brand-name and generic pharmaceutical companies regarding the manufacture, marketing, and sale of generic versions of brand-name drug products to be filed with the Commission and DOJ.

Military Lending Act

Mission:

Consumer Protection

Law:

10 U.S.C. § 987

The Military Lending Act, as amended, imposes a 36% rate cap, bans mandatory arbitration, and imposes other restrictions, and requires disclosures for “consumer credit” (as defined by rule issued by the Department of Defense (DoD)) extended to service members and their dependents. The FTC enforces the Act as to most non-depository institutions, and is part of the interagency group with whom the DoD is required to consult at least every two years.

Mortgage-Related Provisions of Omnibus Appropriations Act of 2009, Title VI, Section 626

Mission:

Consumer Protection

Law:

12 U.S.C. § 5538

Section 626 of this Act (now codified at 12 U.S.C. § 5538) directs the Federal Trade Commission to initiate rulemaking relating to unfair or deceptive acts or practices regarding mortgage loans, including loan modification and foreclosure rescue services. It also authorizes the FTC to enforce the rules and obtain civil penalties for violations. Under the Dodd-Frank Act, the rulemaking authority transferred to the Bureau of Consumer Financial Protection, but the FTC retains its enforcement authority.

Motor Vehicle Information and Cost Savings Act

Law:

Pub. L. No. 92-513, 86 Stat. 947, now codified in relevant part at 49 U.S.C. §§ 32908, 32912-32913, and 32918, and 42 U.S.C. § 6363

Provisions added to this Act by Section 301 of the Energy Policy and Conservation Act (a) provide for Commission enforcement of fuel economy labeling requirements under the FTC Act, except for penalty provisions, as well as for EPA consultation with the Commission regarding labeling (49 U.S.C. § 32908); (b) provide for the Commission to advise the Department of Transportation on rules for assessing penalties against automobile manufacturers for violating average fuel economy standards, and to certify that a reduction in a particular penalty assessed is necessary to prevent a substantial lessening of competition (49 U.S.C. § 32912-32913); (c) require the Commission to establish a program for systematically examining fuel economy representations for retrofit devices (49 U.S.C. § 32918), and (d) give the Commission certain duties with respect to labeling of recycled oil (42 U.S.C. § 6363).

Muhammed Ali Boxing Reform Act

Mission:

Competition

Consumer Protection

Law:

15 U.S.C. §§ 6301-6313

This Act, amending the Professional Boxing Safety Act of 1996, specifies that a sanctioning organization may not receive any compensation from a boxing match unless it files its bylaws and a complete description of its ratings criteria, policies, and general sanctioning fee schedule with the FTC. The Act further directs the FTC to make this information available to the public. A sanctioning organization does not have to submit this information to the FTC, however, if it makes the information accessible through a public website.

National Cooperative Research and Production Act of 1993

Mission:

Competition

Law:

15 U.S.C. §§ 4301-4306

This Act establishes certain protections for any joint research, development, or production venture as to which a voluntary, prior written notification has been filed with the Attorney General and the Federal Trade Commission. Specifically, in any antitrust suit brought under the Clayton Act relating to the conduct of such a venture, recovery by the plaintiff is limited to actual damages, interest, and reasonable attorney's fees. The Standards Development Organization Act of 2004, amending this Act, is listed separately.

No Surprises Act of the 2021 Consolidated Appropriations Act

Mission:

Consumer Protection

Law:

Pub. L. No. 116-260, 134 Stat. 1182, Division BB, § 109

The No Surprises Act seeks to protect consumers from surprise medical bills arising out of certain out-of-network emergency care. Under Section 109 of the Act, the Secretary of Health and Human Services (HHS), in consultation with the FTC and the Attorney General, must conduct a study by January 1, 2023, and annually thereafter for each of the following 4 years, on the effects of the Act on any patterns of vertical or horizontal integration of health care facilities, providers, group health plans, or health insurance issuers; overall health care costs; and access to health care.

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