15 U.S.C. § 49

Documentary evidence; depositions; witnesses

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For the purposes of this subchapter the Commission, or its duly authorized agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, partnership, or corporation being investigated or proceeded against; and the Commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. Any member of the Commission may sign subpoenas, and members and examiners of the Commission may administer oaths and affirmations, examine witnesses, and receive evidence.

Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence.

Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, partnership, or corporation issue an order requiring such person, partnership, or corporation to appear before the Commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

Upon the application of the Attorney General of the United States, at the request of the Commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person, partnership, or corporation to comply with the provisions of this subchapter or any order of the Commission made in pursuance thereof.

The Commission may order testimony to be taken by deposition in any proceeding or investigation pending under this subchapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided.

Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

Notes of Decisions

Cited in 276 cases (17 in the last 5 years), 1927–2025 · leading case: Shapiro v. United States, 335 U.S. 1 (1948).

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Shapiro v. United States, 335 U.S. 1 (1948). · cites it 4× “§ 2857 ; 15 U.S.C. §§ 49 , 50]. Federal Power Act, 1935 [ 16 U.”

Fed. Trade Comm'n v. Texaco, Inc., 555 F.2d 862 (D.C. Cir. 1977). · cites it 4× “15 U.S.C. § 49 . . App. IV 625a, 643a. . Section 9 of the FTC Act, as amended, provides in relevant part that .”

Fed. Trade Comm'n v. J. E. Lonning, President, & Kellogg Co., a Corp., 539 F.2d 202 (D.C. Cir. 1976). · cites it 4× “4 Pursuant to Section 9 of the Federal Trade Commission Act, 15 U.S.C. § 49 , 5 as supplemented by § 3.”

Smith v. Fed. Trade Comm'n, 417 F. Supp. 1068 (D. Del. 1976). · cites it 6× “with respect to nine corporations and indicated that as to the remaining movants, the Commission would refrain from issuing notices of default or otherwise attempting to recover civil penalties from any noncomplying company unless the Commission had already instituted a…”

Church of Scientology of California v. United States, 506 U.S. 9 (1992). “722 , as amended, 15 U. S. C. §49 . In the words of Professor Handler: “Section 7602 of the Internal Revenue Code authorizes the Secretary of the Treasury or his delegate to summon taxpayers or other witnesses to testify and to produce relevant and material documents.”

Fed. Trade Comm'n v. Trw, Inc. & Its Unincorporated Div., Trw Credit Data, 628 F.2d 207 (D.C. Cir. 1980). · cites it 2× “On May 24, 1979, the FTC petitioned the District Court pursuant to the FTC Act, 15 U.S.C. § 49 , for an order requiring TRW to produce the withheld documents.”

Maggio v. Zeitz, 333 U.S. 56 (1948). · cites it 2× “§ 161 (2); Federal Trade Commission Act, 15 U.S.C. § 49 ; Administrative Procedure Act of 1946, 5 U.”

Donovan v. Lone Steer, Inc., 464 U.S. 408 (1984). · cites it 2× “722 , as amended, 15 U. S. C. § 49 , is made applicable “to the jurisdiction, powers, and duties of the Administrator, the Secretary of Labor and the industry committees.”

Fed. Trade Comm'n v. W. W. Tuttle, Resident Manager, Ernst & Ernst, 244 F.2d 605 (2d Cir. 1957). · cites it 5× “The question to be decided on this appeal concerns the power of the Federal Trade Commission under Section 9 of the Federal Trade Commission Act, 15 U.S.C.A. § 49 , to subpoena documents and records of third parties “In the Matter of A.”

Fed. Trade Comm'n v. Rockefeller, 441 F. Supp. 234 (S.D.N.Y. 1977). · cites it 5× “When these respondents failed to appear, the FTC filed a petition for enforcement, 15 U.S.C. § 49 , in the District Court for the District of Columbia.”

Fed. Trade Comm'n v. Compagnie De Saint-Gobain-Pont-A-Mousson, 636 F.2d 1300 (D.C. Cir. 1980). · cites it 2× “Section 9 of the FTC Act, 15 U.S.C. § 49 (1976), empowers the Commission: to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation.”

United States v. Andrew E. Hill & J.E. Pinkerton, United States of Am. v. Dennis Juren, United States of Am. v. Edward W. Cromey, 694 F.2d 258 (D.C. Cir. 1982). · cites it 5× “15 U.S.C. § 49 (1976) (emphasis added). In United States v.”

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