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Civil Penalties: Policy Review Sessions
This briefing book was prepared by FTC staff for the Commission's Policy Review Session on civil penalties, which was held on July 6, 1982. Its purpose was to structure Commission discussion and review of civil penalties' role in FTC's consumer protection mission. The Commission has used the threat of civil penalties as an important tool to enforce its regulations and orders. Due to variation of the goals served by civil penalties and the seriousness of the violations involved, assessed penalties have ranged from a few hundred dollars to over a million dollars. Such significant variations in the size of these assessments strongly suggest a need for a general theory of determining the amount of civil penalties, in order to provide guidance to both staff and industry. The publication presents several options. Previously, FTC could seek in federal court civil penalties from firms that violated its trade regulation rules or final orders. However, in 1975, Section 205 of the Magnuson-Moss Warranty-FTC Improvements Act empowered FTC to seek civil penalties for a firm's first violation of FTC law, if it could show that defendant had actual knowledge of the unlawfulness of its acts or practices. The briefing book discusses the strategic uses of Section 205 civil penalties and poses several relevant legal and policy issues. Included in the book is an appendix presenting an approach to assessing civil penalties using the deterence model, together with an economic overview discussing efficient FTC law enforcement.
Civil Penalties: Policy Review Sessions
This briefing book was prepared by FTC staff for the Commission's Policy Review Session on civil penalties, which was held on July 6, 1982. Its purpose was to structure Commission discussion and review of civil penalties' role in FTC's consumer protection mission. The Commission has used the threat of civil penalties as an important tool to enforce its regulations and orders. Due to variation of the goals served by civil penalties and the seriousness of the violations involved, assessed penalties have ranged from a few hundred dollars to over a million dollars. Such significant variations in the size of these assessments strongly suggest a need for a general theory of determining the amount of civil penalties, in order to provide guidance to both staff and industry. The publication presents several options. Previously, FTC could seek in federal court civil penalties from firms that violated its trade regulation rules or final orders. However, in 1975, Section 205 of the Magnuson-Moss Warranty-FTC Improvements Act empowered FTC to seek civil penalties for a firm's first violation of FTC law, if it could show that defendant had actual knowledge of the unlawfulness of its acts or practices. The briefing book discusses the strategic uses of Section 205 civil penalties and poses several relevant legal and policy issues. Included in the book is an appendix presenting an approach to assessing civil penalties using the deterence model, together with an economic overview discussing efficient FTC law enforcement.
Civil Penalties: Policy Review Sessions
1982
59 pages
Report
No indication
English
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