WASHINGTON (Legal Newsline) — The Federal Trade Commission
(FTC) has announced it has approved final amendments to Commission Rule 1.98,
adjusting the maximum civil penalty dollar amounts for violations of 16
provisions laws that the FTC enforces. These amendments have been created because of
inflation, as mandated by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015.
The FTC raised the maximum civil penalty amount from $16,000
to $40,000 for various violations, including breaking Section 5(I) and 5(m)(1)(A)
of the FTC Act. These sections deal with trade regulation rules issued by the
FTC that address unfair or deceptive acts or practices. Also covered is Section
7A(g)(1) of the Clayton Act, which deals with pre-merger filing notification
requirements under the Hart-Scott-Rodino Improvements Act.
The notice also states that when the FTC seeks civil
penalties, it must be mindful of the statutory criteria under section 5(m) of
the FTC Act that courts apply when determining violation-based civil penalties.
The FTC voted 3-0 to publish the Federal Register Notice
that amends Commission Rule 1.98.