What purpose does the Federal Trade Commission serve and why must business owners be educated on Federal Trade Commission practices?
Consider 1 of the following sections of the Federal Trade Commission Act:
Deceptive Advertising
Labeling and Packaging Laws
Credit Protection
Regarding the section you chose, provide an example of when a deceptive practice has been used in business and the consequence(s) for the deceptive practice.
The Federal Trade Commission (FTC) is an independent agency of the United States government that protects consumers from unfair or deceptive business practices. The FTC also promotes competition in the marketplace.
The FTC has a number of powers to enforce the law, including the power to investigate and prosecute businesses that engage in unfair or deceptive practices. The FTC can also issue cease-and-desist orders, which require businesses to stop engaging in illegal or unfair practices. In addition, the FTC can seek civil penalties from businesses that violate the law.
Why Business Owners Must Be Educated on FTC Practices
Business owners need to be educated on FTC practices because they can be held liable for violating the law. This includes businesses of all sizes, from small businesses to large corporations.
The FTC takes a number of factors into account when deciding whether to bring an enforcement action against a business. These factors include the nature of the violation, the severity of the harm to consumers, and the business’s track record of compliance.
Even if the FTC does not bring an enforcement action against a business, the business can still be sued by consumers who have been harmed by its practices. Consumers who are successful in lawsuits against businesses can recover damages, including their attorneys’ fees.
Deceptive Advertising
Deceptive advertising is one of the most common types of unfair or deceptive business practices. Deceptive advertising occurs when a business makes false or misleading statements about its products or services.
One example of deceptive advertising is when a business claims that its product is “all-natural” when it actually contains artificial ingredients. Another example is when a business claims that its product is “clinically proven” to be effective when there is no scientific evidence to support the claim.
The consequences for deceptive advertising can be severe. The FTC can bring an enforcement action against businesses that engage in deceptive advertising, and the businesses can be ordered to stop making the false or misleading statements. In addition, businesses can be sued by consumers who have been harmed by their deceptive advertising.
In 2016, the FTC reached a settlement with Herbalife, a company that sells nutritional products. The FTC alleged that Herbalife had engaged in deceptive advertising by making false claims about the income potential of its distributors. Under the terms of the settlement, Herbalife agreed to pay a $200 million fine and to change its marketing practices.
Labeling and Packaging Laws
Labeling and packaging laws are designed to ensure that consumers have accurate information about the products they buy. These laws require businesses to disclose certain information on their product labels, such as the ingredients in the product, the net weight or volume of the product, and the country of origin of the product.
Businesses that violate labeling and packaging laws can be held liable by the FTC. The FTC can bring an enforcement action against businesses that violate these laws, and the businesses can be ordered to change their labels or packaging. In addition, businesses can be sued by consumers who have been harmed by their violations of labeling and packaging laws.
In 2019, the FTC reached a settlement with Whole Foods Market, a grocery chain. The FTC alleged that Whole Foods had misled consumers about the weight of its pre-packaged foods. Under the terms of the settlement, Whole Foods agreed to pay a $500,000 fine and to change its weighing practices.
Credit Protection
The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers’ credit information. The FCRA requires credit reporting agencies to provide consumers with free copies of their credit reports each year. The FCRA also prohibits businesses from discriminating against consumers based on their credit information.
Businesses that violate the FCRA can be held liable by the FTC. The FTC can bring an enforcement action against businesses that violate the FCRA, and the businesses can be ordered to pay fines or to change their practices. In addition, businesses can be sued by consumers who have been harmed by their violations of the FCRA.
In 2021, the FTC reached a settlement with Equifax, a credit reporting agency. The FTC alleged that Equifax had failed to protect consumers’ credit information, which resulted in a data breach that affected over 140 million consumers. Under the terms of the settlement, Equifax agreed to pay up to $700 million in fines and restitution to consumers.
Educating Business Owners on FTC Practices
The FTC provides a number of resources to help business owners understand and comply with the law. These resources include educational materials, workshops, and webinars. The FTC also has a hotline that business owners can call to ask questions about the law.
Business owners can also learn about FTC practices by reading the FTC’s website and by following the FTC on social media. The FTC website contains a wealth of information about the law