The FTC Unfairness Policy
Kelley Drye Client Advisory
January 1, 2005
Section 5 of the FTC Act prohibits unfair and deceptive acts or practices in or affecting commerce. The FTC’s definition of “unfairness” is set forth in a December 17, 1980 letter from the FTC to Senators Wendell H. Ford and John C. Danforth, drafted in response to the Senators’ inquiry as to the FTC’s jurisdiction over “unfair or deceptive acts or practices.”