This section makes inflation adjustments in the dollar amounts of civil monetary penalties provided by law within the Commission's jurisdiction. The following maximum civil penalty amounts apply only to penalties assessed after January 17, 2025, including those penalties whose associated violation predated January 17, 2025.
(a) Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)—$53,088;
(b) Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)—$28,205;
(c) Section 5(l) of the FTC Act, 15 U.S.C. 45(l)—$53,088;
(d) Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)—$53,088;
(e) Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)—$53,088;
(f) Section 10 of the FTC Act, 15 U.S.C. 50—$698;
(g) Section 5 of the Webb-Pomerene (Export Trade) Act, 15 U.S.C. 65—$698;
(h) Section 6(b) of the Wool Products Labeling Act, 15 U.S.C. 68d(b)—$698;
(i) Section 3(e) of the Fur Products Labeling Act, 15 U.S.C. 69a(e)—$698;
(j) Section 8(d)(2) of the Fur Products Labeling Act, 15 U.S.C. 69f(d)(2)—$698;
(k) Section 333(a) of the Energy Policy and Conservation Act, 42 U.S.C. 6303(a)—$575;
(l) Sections 525(a) and (b) of the Energy Policy and Conservation Act, 42 U.S.C. 6395(a) and (b), respectively—$28,205 and $53,088, respectively;
(m) Section 621(a)(2) of the Fair Credit Reporting Act, 15 U.S.C. 1681s(a)(2)—$4,983;
(n) Section 1115(a) of the Medicare Prescription Drug Improvement and Modernization Act of 2003, Public Law 108-173, as amended by Public Law 115-263, 21 U.S.C. 355 note—$18,768;
(o) Section 814(a) of the Energy Independence and Security Act of 2007, 42 U.S.C. 17304—$1,510,803; and
(p) Civil monetary penalties authorized by reference to the Federal Trade Commission Act under any other provision of law within the jurisdiction of the Commission—refer to the amounts set forth in paragraphs (c), (d), (e) and (f) of this section, as applicable.
[90 FR 5581, Jan. 17, 2025]
Notes of Decisions
Labmd, Inc. v. Fed. Trade Comm'n, 894 F.3d 1221 (11th Cir. 2018).
“That is, the defendant can challenge the factual predicate for the cease and desist order and the ultimate determination that the facts found in the previous adjudication constituted an unfair act or practice. See id. § 45(m)(2).”
United States v. Smithfield Foods, Inc., 332 F. Supp. 2d 55 (D.D.C. 2004).
“1321 (1996), and 16 C.F.R. § 1.98 (2004). B. Smithfield Smithfield, a Virginia Corporation with its principal executive offices in Smithfield, Virginia, is the nation’s largest hog producer and pork packer, reporting annual net sales of over $3 billion during the time of the…”
United States v. Blavatnik, 168 F. Supp. 3d 36 (D.D.C. 2016).
“§ 2461 note); 16 C.F.R. § 1.98 (a). Violations of the notification requirement are also subject to “such other equitable relief as the court in its discretion determines necessary or appropriate.”
United States v. Com. Recovery Sys., Inc., 179 F. Supp. 3d 728 (E.D. Tex. 2016).
“§ 2461 , as amended, and as implemented by 16 C.F.R. § 1.98 (d), the FTC is empowered to recover civil penalties from a defendant who violates the FDCPA with “actual knowledge or knowledge fairly implied on the basis of objective circumstances” that the act was unfair or…”
United States v. Dish Network LLC, 75 F. Supp. 3d 916 (C.D. Ill. 2014).
“857 (January 9, 2009); 16 C.F.R. § 1.98 (e)); and g. He collected a random sample of approximately 5000 call records from each of the following calling records: the Dish 2003-2007 calling records; the Dish 2007-2010 calling records; the Defender calling records; the JSR calling…”
FTC v. Margaret Cumming (7th Cir. 2025).
· cites it 2× “See 16 C.F.R. § 1.98 (d). When fashioning a penalty, the district court may not 4 Nos.”
FTC v. Day Pacer LLC (7th Cir. 2025).
· cites it 2× “See 16 C.F.R. § 1.98 (d). When fashioning a penalty, the district court may not 4 Nos.”
FTC v. Day Pacer LLC (7th Cir. 2025).
· cites it 2× “See 16 C.F.R. § 1.98 (d). When fashioning a penalty, the district court may not 4 Nos.”
LABMD, Inc. v. Fed. Trade Comm'n, 891 F.3d 1286 (11th Cir. 2018).
“Sections 5( l ) and 5(m)(1)(B) set the maximum penalty at $10,000, but the Commission may adjust this figure for inflation under 16 C.F.R. § 1.98 . Hence the current $41,484 figure, which "appl[ies] only to penalties assessed after January 22, 2018" but "includ[es] those…”
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