Commission Approves Federal Register Notice Adjusting Civil Penalty Amounts

For Your Information

The FTC has approved a Federal Register notice amending Commission Rule 1.98 to adjust its civil penalty dollar amounts in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Act). As detailed in the notice, which will be published shortly and is available now on the Commission’s Web site and as a link to this press release, the Act requires the FTC to make certain regulatory adjustments to civil penalty amounts within its jurisdiction at least once every four years. The Commission published the original adjustments in 1996, and in 2000 the law warranted no adjustments. The Commission also published adjustments to civil penalties under the Clayton Act and the Energy Policy and Conservation Act in 2004.

The notice amends Rule 1.98 to indicate the civil penalty adjustments made this year. Adjustments to the civil penalty amounts are based on the increase in the Consumer Price Index (CPI) between June of the year in which the prior adjustment was made and June of the year before the current adjustment is being made. Using these percentage changes as appropriate, the FTC is adjusting civil penalty amounts as follows:

  • from $11,000 to $16,000 for civil penalties regarding premerger filing notification violations under the Hart-Scott-Rodino (HSR) Improvements Act, section 7A(g)(1) of the Clayton Act;
  • from $6,500 to $7,500 for violations of cease-and-desist orders issued under section 11(l) of the Clayton Act;
  • from $11,000 to $16,000 for unfair or deceptive acts or practices under section 5(l) of the FTC Act;
  • from $11,000 to $16,000 for unfair or deceptive acts or practices under section 5(m)(1)(A) of the FTC Act;
  • from $11,000 to $16,000 for unfair or deceptive acts or practices under section 5(m)(1)(B) of the FTC Act;
  • from $6,500 to $7,500 for recycled oil labeling violations under section 525(a) of the Energy Policy and Conservation Act;
  • from $11,000 to $16,000 for energy conservation violations under the Energy Policy and Conservation Act, section 525(b); and
  • from $2,500 to $3,500 for violations of the Fair Credit Reporting Act, section 621(a)(2).

The vote approving the Federal Register notice was 4-0. The changes will become effective 30 days after the notice is published in the Federal Register. (FTC File No. P859907; the staff contact is Kathleen R. Johnson, Office of General Counsel, 202-326-2869.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

(FYI 62.2008.wpd)

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