WASHINGTON — The Federal Trade Commission (FTC) has upped the ante on abuses
of the FTC Act by increasing the maximum civil penalty for unfair and deceptive
acts and practices
from $11,000 to $16,000 per violation.
The 45 percent fee hike, which became effective in February,
is not automatically applied to rules governed by the
FTC,
regulations such as the Fair Credit Reporting Act, the Safeguards
Rule and the Red Flags Rule.
However, if a
violation of one of those rules is also deemed a violation of the FTC Act, or
if the FTC can make an independent case that violation is an unfair and
deceptive practice under the FTC Act, then the agency can petition the court
for the enhanced fine.
“In general, where trade rule violations are involved, the
FTC must first determine that the rule was violated, issue a
‘cease and desist’ to the offender, and then determine that the offender has subsequently violated the cease and desist order,” said attorney Michael Benoit. “So, there's a bit involved in
getting to the bigger penalties.”
In the case of a violation of the
Red
Flags Rule – which will be enforced beginning
on May 1 –
the FTC can petition for up to $16,000 per
violation if it finds the dealership committed an unfair and deceptive act or
practice. Prior to the rule change
,
the FTC was
limited to incurring an $11,000 penalty per violation.
“I would only expect that they would take that route in the
case of an egregious and knowing violation of the rule, but they have the
option in any case,” Benoit added.
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