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FTC approves final inflation amendments for maximum civil penalty dollar amounts

By Mark Iandolo | Jun 30, 2016

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.

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U.S. Federal Trade Commission