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 21 - 40 of 71

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Energy Policy and Conservation Act (1975)

Mission:

Competition

Consumer Protection

Law:

Pub. L. No. 94-163, 89 Stat. 871, codified in relevant part at 42 U.S.C. §§ 6272-6273, 6294

This Act (a) directs the Commission and the Justice Department to participate in developing, implementing, monitoring, and reporting on voluntary agreements and plans established by oil companies to deal with emergency international oil shortages and provides them a role in any DOE advisory committees on international allocation of oil products (Sections 252 and 253, 42 U.S.C. § 6272, § 6273), under a limited antitrust exemption established by the Act; and (b) requires the Commission to issue regulations providing that certain household appliances must bear labels showing the products' "energy efficiency ratings" (Section 324, 42 U.S.C. § 6294). The Act also added FTC-related provisions to the Motor Vehicle Information and Cost Savings Act regarding fuel economy and recycled oil.

Equal Credit Opportunity Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 1691-1691f

This Act (Title VII of the Consumer Credit Protection Act) prohibits discrimination on the  basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or good faith exercise of any rights under the Consumer Credit Protection Act. The Act also requires creditors to provide applicants, upon request, with the reasons underlying decisions to deny credit.  The Dodd-Frank Act added, among other things, a requirement that creditors provide to applicants a copy of all appraisals and other written valuations used in connection with the applicant’s application for first lien loans secured by a dwelling.

Fair and Accurate Credit Transactions Act of 2003

Mission:

Consumer Protection

Law:

Pub. L. No. 108-159, 117 Stat. 1952, codified to 15 U.S.C. §§ 1681-1681x

This Act, amending the Fair Credit Reporting Act (FCRA), adds provisions designed to improve the accuracy of consumers' credit-related records. It gives consumers the right to one free credit report a year from the credit reporting agencies, and consumers may also purchase, for a reasonable fee, a credit score along with information about how the credit score is calculated. The Act also requires the provision of "risk-based-pricing" notices and credit scores to consumers in connection with denials or less favorable offers of credit. The Act also adds provisions designed to prevent and mitigate identity theft, including a section that enables consumers to place fraud alerts in their credit files, as well as other enhancements to the Fair Credit Reporting Act. Certain provisions related to data security ("red flags" of possible identity theft) were amended by the Red Flag Program Clarification Act of 2010, Pub. L. 111-319, 124 Stat. 3457, to clarify and narrow the meaning of "creditor" for purposes of those provisions. The Dodd-Frank Act transferred most rulemaking and one ongoing study requirement under this Act to the Consumer Financial Protection Bureau, but the Commission retains responsibility for two data security rules ("red flags" and "disposal") as well as all rulemaking under the Act relating to certain motor vehicle dealers.

Fair Credit and Charge Card Disclosure Act

Mission:

Consumer Protection

Law:

Pub. L. No. 100-583, 102 Stat. 2969, codified to 15 U.S.C. §§ 1610-1646, primarily 15 U.S.C. § 1637

This Act, amending the Truth in Lending Act, requires credit and charge card issuers to provide certain disclosures in direct mail, telephone and other applications and solicitations to open-end credit and charge accounts and under other circumstances.

Fair Credit Billing Act

Mission:

Consumer Protection

Law:

15 U.S.C. 1666-1666j

This Act, amending the Truth in Lending Act, requires prompt written acknowledgment of consumer billing complaints and investigation of billing errors by creditors. The amendment prohibits creditors from taking actions that adversely affect the consumer's credit standing until an investigation is completed, and affords other protection during disputes. The amendment also requires that creditors promptly post payments to the consumer's account, and either refund overpayments or credit them to the consumer's account.

Fair Credit Reporting Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 1681-1681x

The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority.

Fair Debt Collection Practices Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 1692-1692p

Under this Act (Title VIII of the Consumer Credit Protection Act), third-party debt collectors are prohibited from using deceptive or abusive conduct in the collection of consumer debts incurred for personal, family, or household purposes. Such collectors may not, for example, contact debtors at odd hours, subject them to repeated telephone calls, threaten legal action that is not actually contemplated, or reveal to other persons the existence of debts.

Fair Packaging and Labeling Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 1451-1461

This Act directs the Commission to issue regulations requiring that all consumer commodities other than food, drugs, therapeutic devices, and cosmetics be labeled to disclose net contents, identity of commodity, and name and place of business of the product's manufacturer, packer, or distributor. The Act authorizes additional regulations where necessary to prevent consumer deception (or to facilitate value comparisons) with respect to descriptions of ingredients, slack fill of packages, use of "cents-off" or lower price labeling, or characterization of package sizes.

Fairness to Contact Lens Consumers Act

Mission:

Competition

Consumer Protection

Law:

15 U.S.C. §§ 7601-7610

The Act imposes on contact lens prescribers and sellers several requirements intended to enhance prescription portability. Among other things, prescribers must release a contact lens prescription to a patient and may not tie the prescription release to the purchase of lenses from the prescriber. Sellers may dispense lenses only in accordance with a prescription that the patient or prescriber presents directly to the seller, or that has been verified by the prescriber. The Act directs the Commission to issue rules to implement the Act.

Family Smoking Prevention and Tobacco Control Act

Mission:

Consumer Protection

Law:

Pub. L. No. 111-31, 123 Stat. 1776, codified at 15 U.S.C. §§ 1331-1340 (Federal Cigarette Labeling and Advertising Act), 15 U.S.C. §§ 4401-4408 (Comprehensive Smokeless Tobacco Health Education Act), 21 U.S.C. §§ 387-387u (Food, Drug, and Cosmetics Act)

This Act, amending the Comprehensive Smokeless Tobacco Health Education Act, as well as the Food, Drug, and Cosmetics Act and the Federal Cigarette Labeling and Advertising Act, provides the Department of Health and Human Services with authority to regulate the manufacture, marketing, and distribution of tobacco products to protect the public health generally and to reduce tobacco use by minors. This Act limits the applicability of Sections 12 through 15 of the FTC Act to tobacco products (21 U.S.C. § 387c), but does not disturb the Commission's other existing enforcement authority regarding such products. The Act also authorizes Commission enforcement, including penalties, against advertisements that violate the tobacco-related provisions of the Food, Drug, and Cosmetics Act or rules under that Act and requires coordination and consultation between the Commission and the Department with respect to warning labels for cigarettes and smokeless tobacco products (21 U.S.C. § 387n).

Federal Cigarette Labeling and Advertising Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 1331-1340; 21 U.S.C. § 387c

This Act requires manufacturers, packagers, and importers to place one of four statutorily-prescribed health warning statements on cigarette packages and in advertisements, on a rotational basis as reviewed and approved by the Commission. Section 201(a) of the 2009 Family Smoking Prevention and Tobacco Control Act amends the Cigarette Act to require instead one of nine statutorily-prescribed graphic health warnings, and transfers responsibilities for review and approval of the warning labels from the Commission to the Secretary of the Department of Health and Human Services. However, the effective date for Section 201(a) amendments is fifteen months after the Department issues required implementing regulations. Regulations issued by the Department were invalidated in relevant part by a D.C. Circuit Court decision, and the Department has not yet re-issued implementing regulations. This Act also prohibits any advertising of cigarettes and little cigars on radio, television, or other media regulated by the Federal Communications Commission. While the Act does not expressly provide for FTC enforcement, the FTC may bring enforcement actions under Section 5 of the FTC Act against unfair or deceptive acts or practices that would also constitute violations of the Cigarette Act, except that sections 12 through 15 of the FTC Act do not apply to the language of warning labels appearing in advertisements.

Federal Deposit Insurance Corporation Improvement Act of 1991

Mission:

Consumer Protection

Law:

Pub. L. No. 102-242, 105 Stat. 2236, codified in relevant part at 12 U.S.C. § 1831t

Section 151 of this Act (adding Section 43 of the Federal Deposit Insurance Act), as amended by the Financial Services Regulatory Relief Act of 2006, Pub. L. No. 109-351, 120 Stat. 2011, and the Dodd-Frank Act requires that non-federally insured depository institutions disclose in certain locations, documents, and advertising that the institution is not federally insured (along with other requirements). It requires the Commission to issue a rule prescribing the manner and content of those disclosures. Appropriations acts prohibited Commission implementation of all or some of the Section's provisions since enactment. Under the Dodd-Frank Act, the Commission continues to have authority to enforce certain provisions of the rule, but the Commission's rulemaking and other responsibilities under the Section transferred to the Consumer Financial Protection Bureau.

Gramm-Leach-Bliley Act

Mission:

Consumer Protection

Law:

Pub. L. No. 106-102, 113 Stat. 1338, codified in relevant part primarily at 15 U.S.C. §§ 6801-6809, §§ 6821-6827

Title V, subtitle A, of this Act (15 U.S.C. § 6801 et seq.) requires the FTC, along with the Federal banking agencies and other regulators, to issue regulations ensuring that financial institutions protect the privacy of consumers' personal financial information. Such institutions must develop and give notice of their privacy policies to their own customers at least annually (except where exempted under section 75001 of the Fixing America's Surface Transportation Act (FAST Act), Pub. L. No. 114–94, 129 Stat. 1787, codified at 15 U.S.C. 6803(f)), and before disclosing any consumer's personal financial information to an unaffiliated third party, and must give notice and an opportunity for that consumer to "opt out" from such disclosure. Under the Dodd-Frank Act, this rulemaking authority transferred to the Bureau of Consumer Financial Protection (except with respect to certain motor vehicle dealers), but the FTC continues to have enforcement authority. Subtitle A also requires the FTC and other agencies to issue regulations for the safeguarding of personal financial information; this authority did not transfer. The Act also limits the sharing of account number information for marketing purposes.

Subtitle B of Title V (15 U.S.C. § 6821 et seq.) prohibits obtaining customer information of a financial institution by false pretenses. The FTC enforces these provisions with regard to entities not specifically assigned by the provision to the Federal banking agencies or other regulators. Also, Sections 131-133 of the Act (15 U.S.C. §§ 41 note; 12 U.S.C. §§ 1828b, 1849) clarify the application of the FTC Act and other FTC statutes to subsidiaries and other affiliates of depository institutions, and provide for certain interagency information sharing.

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.

Home Equity Loan Consumer Protection Act

Mission:

Consumer Protection

Law:

Pub. L. No. 100-709, 102 Stat. 4725, codified in relevant part at 15 U.S.C. §§ 1637, 1647, and 1665b

This Act, amending the Truth in Lending Act, requires creditors to provide certain disclosures for open-end credit plans secured by the consumer's dwelling and imposes substantive limitations on such plans.

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.

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).

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