Build Back Better Bill Radically Expands FTC Penalty Power

By Doug Meal, Hannah Levin and Sulina Gabale (December 22, 2021, 4:17 PM EST) -- The $2 trillion Build Back Better Act passed by the U.S. House of Representatives recently not only covers social programs, climate change and taxes, but also includes language that would dramatically expand the Federal Trade Commission's penalty authority.

Specifically, if the act passes the U.S. Senate and then is signed into law by President Joe Biden, the Federal Trade Commission would for the first time have authority to file lawsuits in federal district court seeking monetary penalties of up to around $43,000 per violation for mere violations of the prohibition of "unfair or deceptive acts or practices," or UDAP, codified in...

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