[1] Soon, US President Theodore Roosevelt created the Bureau of Corporations, an agency that reported on the economy and businesses in the industry.
Congress passed the act in the hopes of protecting consumers against methods of deception in advertisement and of forcing the business to be upfront and truthful about items being sold.
[3] The act was part of a bigger movement in the early 20th century to use special groups like commissions to regulate and oversee certain forms of business.
[5] The Federal Trade Commission Act and both antitrust laws were created for the sole objective to "protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up.
This commission was authorized to issue "cease and desist" orders to large corporations to curb unfair trade practices.
In addition, the Federal Trade Commission Act is also considered a measure that protects privacy since it allows the FTC to penalize companies that violate their own policies by false advertising and other actions that can harm consumers.
[14] Consumers may, however, be authorized to sue under a state "UDAP" (unfair, deceptive and abusive practices) statute, sometimes called a "Little FTC Act.
[17] An example of an injury that rises to the level of "substantial" for unfairness purposes would be the coercion of consumers into purchasing defective goods or services on credit without the ability to assert creditor claims or defenses against the transaction.
[22] The statute provides a non-exhaustive list of relief available, including rescission or reformation of contracts, refunds or returns of property, damages, or public notice of the violation.
[23] In addition, if an actor subject to a cease and desist order violates the Commission's final and in-effect order to cease and desist engaging in an unfair or deceptive act or practice, the enjoined actor is automatically liable for a civil penalty up to $10,000 per violation, the amount of which is to be determined by a district court.
[27] If the Commission issued a final and in-effect cease and desist order through its administrative proceedings with regard to an unlawful act or practice, it may initiate civil proceedings against another actor for engaging in the same unlawful act or practice, even when the new actor was not subject to the initial cease and desist order.