Learning From FTC Closing Letters: Useful Insights into Prohibited Practices
In an interview with Catherine Dunn of Corporate Counsel, I discussed some of the patterns and principles found in FTC closing letters and how in-house counsel can benefit from understanding these trends should they find their companies the subject of a regulatory investigation.
If a company receives an access letter from the FTC, the goal is to get the matter closed. This article outlines important strategies to achieve that objective in light of patterns gleaned from recent closings. The FTC staff may be persuaded that no violation of law has occurred when companies have shown substantial compliance with consumer protection laws, inadvertent error, or discontinued use of an unsubstantiated advertising claim.
For more on this, see the article, “Reading Between the Lines of an FTC Closing Letter.”