The FTC Unfairness Policy

Kelley Drye Client Advisory

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.”