Preview

Federal Trade Commission and the Act

Powerful Essays
Open Document
Open Document
4067 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Federal Trade Commission and the Act
| Federal Trade Commission and the Act | Prepared for ASCM630.9040, Professor Charles Carey |

Candy Mott-Harris
3/26/2012
|

Contents

ABSTRACT 2 HISTORY OF THE FEDERAL TRADE COMMISSION ACT 2 FALSE AND DECEPTIVE ADVERTISING 5 BAIT AND SWITCH ADVERTISING/TACTICS 8 CONSUMER FRAUD 10 IDENTIFYING, VERIFYING AND PREVENTING DECEPTION 12 CLOSING STATEMENTS ABOUT THE FEDERAL TRADE COMMISSION 13 BIBLIOGRAPHY 14

ABSTRACT

The paper will serve as a historical background overview of how the Federal Trade Commission Act (FTC) came into existence. The paper will also break down the key components for which the FTC covers, such as deceptive advertising, baiting and switching and consumer fraud. There will be examples of each of those issues at hand to demonstrate how it happened. The paper will include an argument within the Bait and Switch techniques where some claims have been made that it has been beneficial to consumers who got baited. The paper will also look into ways of determining if the claims are deceptive, fraudulent, and how to best act on such claims. Finally, the paper will provide a closing overview of the FTC as it is today, and what it has done for the consumers since its inception.
HISTORY OF THE FEDERAL TRADE COMMISSION ACT

Who is the Federal Trade Commission (FTC)? It is a federal administrative agency that is tasked with the responsibility of enforcing the Federal Trade Commission Act as well as some other consumer protection acts. Some of the acts that the Federal Trade Commission enforce are false and deceptive advertising, bait and switching, and consumer fraud. Sometimes they may work alongside of the Food and Drug Administration, especially when it is based on a health claim and cure. The FTC was created in 1915. According to the 1916 Annual Report filed by the FTC, at that time, the legal department’s duties were to “assist the Commission in the enforcement of Section 5 of the Trade Commission



Bibliography: Geritol 's Bitter Pill. (1973). Time, 101(6), p. 76. Casewatch. (2007, August 27). Weight Watchers and Jenny Craig Face Litigation Over Unsubstantiated Claims. Retrieved March 18, 2012, from Casewatch: http://www.casewatch.org/ftc/news/1993/commdiet.shtml Cohen, D Dyer, R. F. (1978). A Longitudinal Study of Corrective Advertising. Journal of Marketing Research, 15(1), 39-48. Farrell, Claudia B.- Office of Public Affairs for FTC. (2000, August 21). Novartis Corporation - Doan 's Pills. Retrieved March 18, 2012, from Federal Trade Commission: http://www.ftc.gov/opa/2000/08/doans.shtm Federal Trade Commission Federal Trade Commission. (2004). Federal Trade Commission: 90th Anniversary Symposium. Federal Trade Commission. (2009, March 4). Federal Court Halts Telemarketer 's Advance-Fee Credit Pitches. Retrieved March 19, 2012, from Federal Trade Commission: http://www.ftc.gov/opa/2009/03/groupone.shtm Gerstner, E Mosk, M. a. (2011, November 1). Goldline Execs Charged With Fraud - ABC News. Retrieved March 25, 2012, from ABC News: http://abcnews.go.com/Blotter/goldline-execs-charged-fraud/story?id=14857253 National Archives and Records Administration Twomey, K. L. (2011). Damage Control: Limiting the Fall-out from Deceptive Advertising. Journal of Advertising Research, 51(2), 394-403. doi:10.1509/jmkg.72.6.81. Wheeler, L. (2006). Believing Everything I Read? North Western Financial Review, 191(23), 8. Wouters, J. (2011, May 9). Q-Ray Bracelet Buyers Mailed Refund Checks - Daily Finance. Retrieved March 17, 2012, from Daily Finance: http://www.dailyfinance.com/2011/05/09/q-ray-bracelet-buyers-mailed-refund-checks/

You May Also Find These Documents Helpful

  • Satisfactory Essays

    History: Federal Trade Commission instituted a deceptive advertising proceeding against Kraft Inc. Kraft was instructed to terminate certain ads due to false advertising.…

    • 297 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Eeoc Vs Freeman Case Brief

    • 1279 Words
    • 6 Pages

    As a federal law enforcement agency, the Equal Employment Opportunity Commission has obligations to investigate violations of Title VII and enforce laws against…

    • 1279 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Comcast-Universal Merger

    • 10353 Words
    • 42 Pages

    US. Department of Justice & Federal Trade Commission (FTC), March, 2006. Commentary of the Horizontal Guide line. Retrieved from http://www.justice.gov/atr/public/guidelines/215247.htm…

    • 10353 Words
    • 42 Pages
    Powerful Essays
  • Good Essays

    Prior to the Federal Register Act of 1935, there was no systematic method for developing, publishing and enforcing regulations. The U.S. Executive…

    • 883 Words
    • 4 Pages
    Good Essays
  • Better Essays

    The Securities Exchange Act of 1934 was passed by congress to strengthen the government’s control of the financial markets. It was preceded by the Securities Exchange Act of 1933 which was enacted during the Great Depression in hopes that the stock market crash of 1929 would not be repeated. The basic difference between the two acts was that the 1933 Act was to govern the original sales of securities by requiring that the issuers, the companies offering the securities, offer up sufficient information about themselves and the securities so that the potential buyers could make informed decisions. The 1934 Act was aimed at the secondary market where buyers don’t buy from the issuer but instead from other investors (Security, 2010). The 1934 Act also required more disclosures from issuers and was enacted to prevent unfair practices at the various exchanges as well as giving the authority of the exchange to the Securities and Exchange Commission which was one of the many administrative agencies set up by the New Deal ideology of Franklin D Roosevelt (Securities, 2003). A major part of 1934 Act is that it required any issuer with over $10 million in assets and 500 or more shareholders to register its stock with the SEC. With this registration came additional required filings such as the 10-Q form, a quarterly financial report, 10-K form, a yearly financial report, as well as an 8-K form used for reporting unusual events, an example of which would be a merger or takeover (Jennings 742). The 1934 Act seems to be an ever changing document as it has been amended by Congress many times through the years. It is due to the need to remedy any new issues that arise whether through technology or new security devices.…

    • 1955 Words
    • 8 Pages
    Better Essays
  • Satisfactory Essays

    Dodd Frank Thesis

    • 755 Words
    • 4 Pages

    The act established a number of new government agencies tasked with overseeing various components of the act which include The Financial Stability Oversight Council and Orderly Liquidation Authority, The Consumer Financial Protection Bureau, The Volcker Rule, and the SEC Office of Credit Ratings (Fontinelle, 2013). The Financial Stability Oversight Council observes potential risks that could affect the entire financial industry, regulates non-bank financial firms, and makes recommendations to the Federal Reserve to supervise any company that gets too big, thus preventing the too-big-to-fail. The Orderly Liquidation Authority provides for orderly liquidations or restructurings if any firm becomes too weak and prevents tax dollars from being used to prop up such firms (Fontinelle, 2013). The Consumer Financial Protection Bureau supervises credit reporting agencies, as well as payday and consumer loans while regulating credit fees, which include credit, debit, mortgage underwriting and bank fees. Due to the banks misuse of depositors' money in hedge funds for own profit, The Volcker Rule was initiated to prohibit banks…

    • 755 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    The agency also has the function of conducting special investigations of allegations regarding the violations associated to federal criminal law, especially the conflict of interest or sometimes procurement and contract fraud (Kaiser, 2008). The agency conducts these activities through small offices which ensure that it goes a notch higher with respect to the accountability process and has the mandate of being able to prosecute those involved in such fraud and other criminal activities related to federal…

    • 919 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Ftc Research Paper

    • 289 Words
    • 2 Pages

    The FTC is a federal government agency of the United States created in 1914 to prevent unfair methods of competition in commerce and in 1938 Congress passed a broad prohibition against “unfair and deceptive acts or practices.” In 1975 the FTC’s work is performed by Bureaus including Consumer Protection. (1)…

    • 289 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In today’s volatile information era, information technology has revolutionized advertisement methods to consumers. The use of advancement in information technology, such as automated and prerecorded messages caused numerous controversies and complaints to the government authority. This engaged the Federal government and Congress to intervene in the protection of the consumers. The Federal government and Congress had create statutes, such as Telephone Consumer Protection Act (TCPA), 1991, and Do Not Call Implementation Act, 2003 that prohibits or blocked unsolicited advertising via communicational devices. This report will illustrate the advances in information technology that resulted in new ethical issues necessitating the creation of each act?…

    • 604 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Federal Trade Comission

    • 1009 Words
    • 5 Pages

    In the given case, the Federal Trade Commission claimed that Texas Surgeons Independent Practice Association(IPA) of 26 general surgeons in the Austin, Texas and six competing medical practice groups who are the members of this association (the respondents), Texas Surgeons P.A. ("Texas Surgeons"), Austin Surgeons, P.L.L.C. ("AS"), Austin Surgical Clinic Association, P.A. ("ASCA"), Bruce McDonald & Associates, P.L.L.C. ("BM&A"), Capital Surgeons Group, P.L.L.C. ("CSG"), Central Texas Surgical Associates, P.A. ("CTSA"), and Surgical Associates of Austin, P.A. ("SAA"), violated Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 by engaging in unlawful act of price fixing.…

    • 1009 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Fair Trading Act Examples

    • 1385 Words
    • 6 Pages

    You tell a mobile phone salesperson that you are looking forward to using wireless internet on the mobile phone, but he doesn’t tell you that the mobile phone doesn’t have that…

    • 1385 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Legal Essay consumer law

    • 1257 Words
    • 4 Pages

    One mechanism that protects consumers is the development of the Trade Practices Act 1974 (cth). These acts ensure the rights of consumers as well as fair trade, competition and accurate information in the marketplace. In the case ACCC v Target Australia Pty Ltd (2001) FCA, the Australian Competition and Consumer Commission (ACCC) took action against Target for misleading deceptive conducts from their target advertisement. Target was breached under the Trade Practices Act 1974 (Cth) which prohibits misleading and deceptive conduct. The ACCC took target to court and enforced its penalties through the court. The ACCC helped to protect the need of consumers to have honest and non-deceptive advertising. The Court ordered Target to apologise to all consumers who were misled by the company’s deceptive advertising. This shows the effectiveness of the law from the ACCC and the Trade Practices Act 1974 (cth) through criteria of enforcement. It also shows the effectiveness of the law in relation to the protection of individual rights, as Target was required to redress its deceptive conduct so that the right of individuals…

    • 1257 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Report to Congress Pursuant to the Do Not Call Implementation Act on Regulatory Coordination in Federal Telemarketing Laws Submitted by The Federal Trade Commission, www.ftc.gov/os/2003/09/dnciareport.pdf…

    • 673 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Women in Media

    • 2092 Words
    • 9 Pages

    Kilbourne, J. (2002). Beauty and the Beast of Advertising. Retrieved March 12, 2005 from http://www.medialit.org/reading_room/article40.html.…

    • 2092 Words
    • 9 Pages
    Powerful Essays
  • Best Essays

    The aim of the paper is to propose a simple approach to monitor and control the encoding phase, too often neglected by the doctrine and operators in the communication process. The paper is discusses a possible methodology to investigate the degree of coincidence / discordance between what is conveyed through the advertising and what is actually understood by some consumers. The object of investigation is the verbal text of the spot in order to verify the level of understanding of the message and, if necessary, to find the reasons of a wrong perceived meaning.…

    • 2332 Words
    • 10 Pages
    Best Essays