15 U.S.C. § 8404

Enforcement by Federal Trade Commission

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(a) In general

Violation of this chapter or any regulation prescribed under this chapter shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this chapter.

(b) Penalties

Any person who violates this chapter or any regulation prescribed under this chapter shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this chapter.

Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.

(Pub. L. 111–345, § 5, Dec. 29, 2010, 124 Stat. 3620.)Editorial NotesReferences in Text

The Federal Trade Commission Act, referred to in subsecs. (a) and (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2018–2023 · leading case: FTC v. Credit Bureau Ctr., LLC, 81 F.4th 710 (7th Cir. 2023).

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FTC v. Credit Bureau Ctr., LLC, 81 F.4th 710 (7th Cir. 2023). · cites it 2× “3d at 769 (quoting 15 U.S.C. § 8404 ). We thus had no need to consider the Commission’s other theories of liability.”

Fed. Trade Comm'n v. Hornbeam Special Situations, LLC, 308 F. Supp. 3d 1280 (N.D. Ga. 2018). “Under 15 U.S.C. § 8404 (a), a violation of that *1294 chapter or any regulation prescribed under this chapter shall be treated as a violation of a rule under section 18 of the [FTC Act, 15 U.”

Fed. Trade Comm'n v. Credit Bureau Ctr., LLC (N.D. Ill. 2021). · cites it 5× “§ 53 (b), section 5 of the Restore Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. § 8404 , and section 621(a)(1) of the Fair Credit Reporting Act (FCRA), 15 U.”

Fed. Trade Comm'n v. Triangle Media Corp. (S.D. Cal. 2022). “§ 53 (b); Section 5 of the Restore Online Shoppers’ Confidence Act 16 (“ROSCA”), 15 U.S.C. § 8404 ; and Section 918(c) of the Electronic Fund Transfer 17 Act (“EFTA”), 15 U.”

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