(a) On the basis of the materials submitted, as well as any other information available, and if practicable, the Commission or its staff will inform the requesting party of its views.
(b) Any advice given by the Commission is without prejudice to the right of the Commission to reconsider the questions involved and, where the public interest requires, to rescind or revoke the action. Notice of such rescission or revocation will be given to the requesting party so that he may discontinue the course of action taken pursuant to the Commission's advice. The Commission will not proceed against the requesting party with respect to any action taken in good faith reliance upon the Commission's advice under this section, where all the relevant facts were fully, completely, and accurately presented to the Commission and where such action was promptly discontinued upon notification of rescission or revocation of the Commission's approval.
(c) Advice rendered by the staff is without prejudice to the right of the Commission later to rescind the advice and, where appropriate, to commence an enforcement proceeding.
[44 FR 21624, Apr. 11, 1979]
Notes of Decisions
Soundboard Ass'n v. Fed. Trade Comm'n, 888 F.3d 1261 (D.C. Cir. 2018).
· cites it 34× “The 2016 Letter concluded by stating that “the views expressed in this letter are those of the FTC staff, subject to the limitations of 16 C.F.R. § 1.3 . They have not been approved or adopted by the Commission, and they are not binding upon the Commission.”
Unified Data Servs., LLC v. FTC, 39 F.4th 1200 (9th Cir. 2022).
· cites it 2× “See 16 C.F.R. § 1.3 (c) (“Advice rendered by the staff is without prejudice to the right of the Commission later to rescind the advice and, where appropriate, to commence an enforcement proceeding.”
Trans Union Corp. v. Fed. Trade Comm'n, 245 F.3d 809 (D.C. Cir. 2001).
“16 C.F.R. § 1.3 (b) (emphasis added). Although the next subsection of the regulation states that “[ajdvice rendered by the staff is without prejudice to the right of the Commission later to rescind the advice and, where appropriate, to commence an enforcement proceeding,” id.”
United States v. Wesley G. Craner, 652 F.2d 23 (9th Cir. 1981).
“See 16 C.F.R. § 1.3 (1980). We cannot hazard that the Secretary’s indiscriminate authorization of this penalty for varied offenses, or Congress’s general limitation on the sentences the Secretary may authorize, represents a considered legislative judgment of the gravity of the…”
Jerome Milton, Inc. v. Fed. Trade Comm'n, 734 F. Supp. 1416 (N.D. Ill. 1990).
“16 C.F.R. § 1.3 (b). 11 . Plaintiffs rely on a footnote in which the Air California court noted that "FAA letters indicating that proposed structures constitute 'no hazard’ to air traffic represent a definitive statement of the FAA’s position on proposed construction and have…”
Trans Un Corp v. FTC, 267 F.3d 1138 (D.C. Cir. 2001).
“29 16 C.F.R. 1.3(b) (emphasis added). Although the next subsection of the regulation states that "[a]dvice rendered by the staff is without prejudice to the right of the Commission later to rescind the advice and, where appropriate, to commence an enforcement proceeding," id.”
Odessky v. Fed. Trade Comm'n, 471 F. Supp. 1267 (D.D.C. 1979).
“16 C.F.R. § 1.3 (a) (1978). To the extent that plaintiffs’ fifth amendment claim is predicated on the revocation of and refusal to issue a favorable advisory opinion, there is no protected fifth amendment right.”
— 16 C.F.R. § 1.3(a) — 2 cases
Soundboard Ass'n v. Fed. Trade Comm'n, 888 F.3d 1261 (D.C. Cir. 2018).
“The 2016 Letter concluded by stating that “the views expressed in this letter are those of the FTC staff, subject to the limitations of 16 C.F.R. § 1.3 . They have not been approved or adopted by the Commission, and they are not binding upon the Commission.”
Unified Data Servs., LLC v. FTC, 39 F.4th 1200 (9th Cir. 2022).
“See 16 C.F.R. § 1.3 (c) (“Advice rendered by the staff is without prejudice to the right of the Commission later to rescind the advice and, where appropriate, to commence an enforcement proceeding.”
— 16 C.F.R. § 1.3(b) — 1 case
Trans Un Corp v. FTC, 267 F.3d 1138 (D.C. Cir. 2001).
“29 16 C.F.R. 1.3(b) (emphasis added). Although the next subsection of the regulation states that "[a]dvice rendered by the staff is without prejudice to the right of the Commission later to rescind the advice and, where appropriate, to commence an enforcement proceeding," id.”
— 16 C.F.R. § 1.3(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.