(a) Complaint. Except as provided in § 3.13, an adjudicative proceeding is commenced when an affirmative vote is taken by the Commission to issue a complaint.
(b) Form of complaint. The Commission's complaint shall contain the following:
(1) Recital of the legal authority and jurisdiction for institution of the proceeding, with specific designation of the statutory provisions alleged to have been violated;
(2) A clear and concise factual statement sufficient to inform each respondent with reasonable definiteness of the type of acts or practices alleged to be in violation of the law;
(3) Where practical, a form of order which the Commission has reason to believe should issue if the facts are found to be as alleged in the complaint; and
(4) Notice of the specific date, time and place for the evidentiary hearing. Unless a different date is determined by the Commission, the date of the evidentiary hearing shall be 5 months from the date of the administrative complaint in a proceeding in which the Commission, in an ancillary proceeding, has sought or is seeking relief pursuant to Section 13(b) of the FTC Act, 15 U.S.C. 53(b), and 8 months from the date of issuance of the administrative complaint in all other proceedings.
[74 FR 1820, Jan. 13, 2009]
Notes of Decisions
Soundboard Ass'n v. Fed. Trade Comm'n, 888 F.3d 1261 (D.C. Cir. 2018).
· cites it 2× “16 C.F.R. § 3.11 . SBA seeks a shortcut around both these decision points, but unlike the Sacketts, SBA is neither out of regulatory review options nor subject to an order or enforcement action issued from the head of the agency itself.”
Trw, Inc., & Horace A. Shepard v. The Fed. Trade Comm'n, 647 F.2d 942 (9th Cir. 1981).
· cites it 2× “11978 (codified in 16 C.F.R. § 3.11 (a) (1980)). Petitioners contend that “issuance” did not occur until actual service of the complaint, although they concede that no Rule of Practice defined the term.”
Fed. Trade Comm'n v. Wyndham Worldwide Corp., 799 F.3d 236 (3rd Cir. 2015).
“That the FTC commissioners — who must vote on whether to issue a complaint, 16 C.F.R. § 3.11 (a); ABA Section of Antitrust Law, FTC Practice and Procedure Manual 160-61 (2007) — believe that alleged cybersecurity practices fail the cost-benefit analysis of § 45(n) certainly…”
Labmd, Inc. v. Fed. Trade Comm'n, 894 F.3d 1221 (11th Cir. 2018).
“" 16 C.F.R § 3.11 . It follows that the remedy the complaint seeks must comport with this requirement of reasonable definiteness.”
Allis-Chalmers Mfg. Co. v. White Consol. Indus., Inc., 414 F.2d 506 (3rd Cir. 1969).
· cites it 2× “16 CFR 3.11. There is no provision for any discovery until after the complaint is filed, and there is no requirement that the complaint be based upon a full-scale investigation of the alleged illegal operation in Part III of the FTC Rules of Practice, governing the nature of…”
Axon Enter., Inc. v. FTC, 986 F.3d 1173 (9th Cir. 2021).
“§ 57b-1; it prosecutes the enforcement action, see 16 C.F.R. § 3.11 ; and then it adjudicates any appeal from an ALJ’s initial decision, id.”
Action on Saf. & Health v. Fed. Trade Comm'n, 498 F.2d 757 (D.C. Cir. 1974).
· cites it 2× “If the parties are unable to agree, the Commission may commence formal adjudicative procedure pursuant to 16 C.F.R. 3.11 (1973). If, however, an agreement is reached and accepted by the Commission, the provisionally accepted consent order is palced on the public record for a…”
Jay Norris, Inc., Joel Jacobs, & Mortimer Williams v. Fed. Trade Comm'n, 598 F.2d 1244 (2d Cir. 1979).
“She proposed in the draft order accompanying the complaint (under Federal Trade Commission Rules, 16 C.F.R. § 3.11 (b)(3) where practical the proposed order is a part of the complaint) that petitioners be prohibited from Representing the safety, efficacy, performance, content or…”
Fed. Trade Comm'n v. Anderson, 442 F. Supp. 1118 (D.D.C. 1977).
“, the District of Columbia Circuit stated that“As a general rule, substantive issues which may be raised in defense against an administrative complaint are premature in an enforcement proceeding.” 555 F.2d 862 , 879 (D.C. Cir. 1977).”
Sperry & Hutchinson Co. v. Fed. Trade Comm'n, 256 F. Supp. 136 (S.D.N.Y. 1966).
“11 of the Commission’s Rules of Practice for Adjudicative Proceedings, 16 C.F.R. § 3.11 , 2 for far-reaching discovery and inspection of a mass of statements and documents accumulated by the Commission in the period from the commencement of its investigation in September 1962 to…”
— 16 C.F.R. § 3.11(b) — 1 case
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