The FTC focuses on consumer injury violations. The injury must be substantial, must not be outweighed by any offsetting consumer or competitive benefits produced by the challenged practice, or must be one that consumers could not reasonably have avoided (Barnes et al, 1988). .
The person, partnership, or corporation so complained of shall have the right to appear at the place and time so fixed and show cause why an order should not be entered.
by the Commission requiring such person, partnership, or corporation to cease and desist from the violation of the law so charged in said complaint. (U.S. 15:45).
The FTC can order a respondent to cease engaging in a deceptive or unfair act (Barnes et al, 1988). The FTC can also order a respondent to disclose information related to the deception or unfairness (Barnes et al, 1988). The final remedy the FTC can order is for a seller to do corrective advertising (Barnes et al, 1988). The seller would be asked to retract and republish the advertisement. The FTC can also take a seller to court seeking civil penalties or consumer redress (Barnes et al, 1988).
Deception 5.
The court shall have jurisdiction to grant such relief as the court finds necessary to redress injury to consumers or other persons, partnerships, and corporations resulting from the rule violation or the unfair or deceptive act or practice, as the case may be (U.S. 15:57b). Such relief may include, but shall not be limited to, rescission or reformation of contracts, the refund of money or return of property, the payment of damages, and public .
notification respecting the rule violation or the unfair or deceptive act or practice, as the case may be (U.S. 15:57b).
The Commission can also issue Trade Regulation Rules. If the FTC staff finds evidence of unfair or deceptive practices in an entire industry, it can recommend that the Commission begin a rulemaking proceeding. Throughout the rulemaking proceeding, the public will have opportunities to attend hearings and file written comments.
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