C.F.R. » Title 16 » CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER A—ORGANIZATION, PROCEDURES AND RULES OF PRACTICE › PART 1—GENERAL PROCEDURES › Subpart B—Rules and Rulemaking Under Section 18(a)(1)(B) of the FTC Act

16 C.F.R. § 1.8

Nature, authority, and use of trade regulation rules

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(a) For the purpose of carrying out the provisions of the Federal Trade Commission Act, the Commission is empowered to promulgate trade regulation rules, which define with specificity acts or practices that are unfair or deceptive acts or practices in or affecting commerce. Trade regulation rules may include requirements prescribed for the purpose of preventing such acts or practices. A violation of a rule constitutes an unfair or deceptive act or practice in violation of section 5(a)(1) of that Act (15 U.S.C. 45(a)(1)), unless the Commission otherwise expressly provides in its rule. The respondents in an adjudicative proceeding may show that the alleged conduct does not violate the rule or assert any other defense to which they are legally entitled.

(b) The Commission at any time may conduct such investigations, make such studies, and hold such conferences as it may deem necessary. All or any part of any such investigation may be conducted under the provisions of part 2, subpart A of this chapter.

[86 FR 38547, July 22, 2021]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2004–2021 · leading case: Martini v. We the People Forms & Serv. Centers USA, Inc. (In Re Barcelo), 313 B.R. 135 (Bankr. E.D.N.Y. 2004).
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Martini v. We the People Forms & Serv. Centers USA, Inc. (In Re Barcelo), 313 B.R. 135 (Bankr. E.D.N.Y. 2004). “This Court agrees. The term “unfair and deceptive” was used by Congress at least as early as 1938, and is used in many federal regulations spanning a broad variety of subjects.”
Goro v. Flowers Foods, Inc. (S.D. Cal. 2021). “; see also 16 C.F.R. §§ 1.8 , 1.22 3 (indicating that Congress authorized the FTC to promulgate rules and regulations regarding 4 unlawful trade practices).”
Best Choice Roofing & Home Improvement, Inc. v. Best Choice Roofing Savannah, LLC (M.D. Tenn. 2020). “See 16 C.F.R. § 1.8 (“A violation of a rule shall constitute an unfair or deceptive act or practice in violation of section 5(a)(1) of that Act, unless the Commission otherwise expressly provides in its rule.”
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.