What FTC's 'Penalty Offense Notices' Mean For Companies

By Joseph Reilly, Jonathan Joshua and Richard Gottlieb (October 19, 2021, 5:59 PM EDT) -- Has the Federal Trade Commission gone too far with its latest actions? In recent weeks, the agency resurrected a long-dormant penalty enforcement scheme, by sending several hundred companies, including some of the nation's largest, what it describes as "notices of penalty offenses."

The notices contain zero accusations of any wrongdoing, but purport to put each company "on notice that engaging in conduct described [in the notice] could subject the company to civil penalties of up to $43,792 per violation."

What is this resurrected penalty scheme, which the FTC calls its penalty offense authority? What challenges may the FTC face in actually...

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