Justice Manual § 4-8.300

Upon appropriate certification by the Federal Trade Commission ("FTC"), CPB is responsible for the institution of criminal proceedings under the Federal Trade Commission Act (FTC Act) (15 U.S.C. § 56(b)), and for determining whether the Attorney General will commence, defend, or intervene in civil proceedings under the FTC Act (15 U.S.C. § 56(a)). 28 C.F.R. § 0.45(j).

CPB also is responsible for litigation arising under other statutes administered by the FTC, including the Consumer Credit Protection Act (15 U.S.C. §§ 1611, 1681q and 1681r), relating to the disclosure of credit terms; section 11(l) of the Clayton Act (15 U.S.C. § 21(l)) involving violations of orders issued by the Federal Trade Commission; the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692-1692p); the Fair Credit Reporting Act (15 U.S.C. §§ 1681-1681x); the Credit Repair Organizations Act (15 U.S.C. §§ 1679-1679j); the Telemarketing Sales Rule (16 C.F.R. Part 310); the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506); the Restore Online Shoppers’ Confidence Act (15 U.S.C. §§ 8401-8405); the Better Online Ticket Sales Act (15 U.S.C. § 45c); and other statutes that protect consumers from unfair and deceptive practices and privacy violations. FTC staff frequently refer matters to CPB for criminal investigation where a civil action by the agency uncovers egregious wrongdoing. CPB also defends actions brought against the FTC.

The Antitrust Division is responsible for bringing civil penalty actions under Section 7A of the Clayton Act, whether they arise from DOJ or FTC investigations. The Antitrust Division handles such cases on behalf of the FTC pursuant to a Memorandum of Understanding, or the DOJ may appoint FTC attorneys as Special Attorneys to file and litigate their own Section 7A cases under DOJ supervision. (Where an FTC investigation of, or civil action concerning, an antitrust violation uncovers conduct warranting criminal investigation or prosecution under the antitrust or related statutes, the FTC refers the matter to the Antitrust Division, see generally JM Title 7: Antitrust. With approval from the Antitrust Division, USAOs can also investigate and prosecute under the antitrust statutes either alone or jointly with the Antitrust Division).