The Decision and Order does not prohibit MTNA or its affiliates from adopting and enforcing codes of ethics or similar documents that govern the conduct of its members with respect to representations that MTNA or its affiliates reasonably believe would be false or deceptive within the meaning of the Federal Trade Commission Act
, or the conduct of judges during music competitions sponsored or held by MTNA or any affiliate.
In the past couple of years, the FTC has embarked on a number of initiatives to lead the charge toward more stringent privacy and data security standards, expanding its authorities under Section 5 of the Federal Trade Commission Act
, which prohibits unfair and deceptive acts or practices against consumers.
The Federal Trade Commission Act
requires advertising to be: -Truthful and non-deceptive:
Other important laws are Sections 4 and 7 of the Clayton Antitrust Act and Section 5(a)(1) of the Federal Trade Commission Act
, which outlaws "unfair methods of competition in or affecting commerce." In addition, all states have their own antitrust statutes, which in some cases may be more restrictive than the federal laws are.
The OCC found that the bank's billing practices, specifically add-on charges for identity theft protection, violated Section 5 of the Federal Trade Commission Act
, which prohibits unfair and deceptive acts or practices.
A: UDAP is unfair, deceptive acts and practices, which is specific to section 5 of the Federal Trade Commission Act
, which is the act that, obviously, the FTC [Federal Trade Commission] has jurisdiction to enforce, and so do the prudential regulators--the FDIC, the OCC [Office of the Comptroller of the Currency], the Federal Reserve Board.
The key areas to examine are Dodd-Frank's Section 1031 (which prohibits unfair, deceptive or abusive practices in connection with consumer transactions for financial products and services), and Section 5 of the Federal Trade Commission Act
(which prohibits unfair and deceptive practices more generally).
would be a per se violation of the Sherman Act and the Federal Trade Commission Act
The backbone of FTC's consumer protection mission is Section 5 of the Federal Trade Commission Act
(the "FTC Act"), which prohibits unfair or deceptive advertising and marketing.
any breach of the privacy promise could violate the Federal Trade Commission Act
, part of which is in place to prevent deceptive practices against consumers, and opposed the transfer of personal information.
While there is no federal or state law that specifically regulates these sorts of claims, there are two federal statutes, the Lanham Act and the Federal Trade Commission Act
(among others) that have been interpreted to govern these sorts of claims.
The laws include the federal Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the Children's Online Privacy Protection Act, the Fair and Accurate Credit Transactions Act and the Federal Trade Commission Act
, all with their many regulations and amendments, as well as recently-enacted state laws.