C.F.R. » Title 16 » CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER A—ORGANIZATION, PROCEDURES AND RULES OF PRACTICE › PART 4—MISCELLANEOUS RULES

16 C.F.R. § 4.12

Disposition of documents submitted to the Commission

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(a) Material submitted to the Commission. (1) Any person who has submitted material to the Commission may obtain, on request, the return of material submitted to the Commission which has not been received into evidence:

(i) After the close of the proceeding in connection with which the material was submitted; or

(ii) When no proceeding in which the material may be used has been commenced within a reasonable time after completion of the examination and analysis of all such material and other information assembled in the course of the investigation.

(2) Such request shall be in writing, addressed to the custodian designated pursuant to § 2.16 or the Secretary of the Commission in all other circumstances, and shall reasonably describe the material requested. A request for return of material may be filed at any time, but material will not be returned nor will commitments to return material be undertaken prior to the time described in this paragraph.

(b) Commission-made copies of documents submitted to the Commission. The Commission will not return to the submitter copies of documents made by the Commission unless, upon a showing of extraordinary circumstances, the Commission determines that return would be required in the public interest.

(c) Disposition of material not returned. Subsequent to the time prescribed in paragraph (a) of this section, the staff will examine all submitted material and Commission-made copies of documents located in a reasonable search of the Commission's files and will determine, consistent with the Federal Records Act, 44 U.S.C. 3301, which materials are appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Commission or because of the information value of data in them. The Commission will dispose of all material determined not to be appropriate for preservation in accordance with applicable regulations of the National Archives and Records Administration.

[46 FR 26292, May 12, 1981, as amended at 60 FR 37751, July 21, 1995; 78 FR 13474, Feb. 28, 2013]
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2019–2025 · leading case: Fed. Trade Comm'n v. Jason Cardiff (C.D. Cal. 2019).
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Fed. Trade Comm'n v. Jason Cardiff (C.D. Cal. 2019). “The Commission shall retain, return, or destroy Protected Material in 6 accordance with 16 C.F.R. § 4.12 , and may retain such information to assist with 7 other ongoing law enforcement matters or policy or research matters consistent 8 with the Commission’s mission, provided…”
Fed. Trade Comm'n v. Student Advocates Team, LLC (C.D. Cal. 2020). “The Commission shall retain, return, or destroy Confidential Material or 15 Sensitive Personal Information in accordance with 16 C.F.R. § 4.12 , and may retain 16 such information to assist with other ongoing law enforcement matters or policy or 17 research matters consistent…”
Fed. Trade Comm'n v. Frontier Commc'ns Corp. (C.D. Cal. 2021). “2 Notwithstanding the above, the Federal Trade Commission shall be permitted 3 to retain, return, or destroy Protected Material in accordance with 16 C.F.R. § 4.12 , 4 including retaining such information to assist with ongoing law enforcement or 5 bankruptcy matters,…”
Fed. Trade Comm'n v. Roomster Corp. (S.D.N.Y. 2023). “The Commission shall retain, return, or destroy Confidential Material or Sensitive Personal Information in accordance with 16 C.F.R. § 4.12 , including retaining such information to assist with ongoing law enforcement or bankruptcy matters, enforcement Case 1.”
Fed. Trade Comm'n v. Growth Cave, LLC (C.D. Cal. 2025). “The Federal Trade Commission shall retain, return, or destroy Protected 10 Material in accordance with 16 C.F.R. § 4.12 , including retaining such information 11 to assist with ongoing law enforcement or bankruptcy matters, enforcement of any 12 final orders entered in this…”
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