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Section 5 ftc act

Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices Background Section 5(a) of the Federal Trade Commission Act (FTC Act) (15 USC §45) prohibits unfair or deceptive acts or practices in or affecting commerce. This prohibition applies to all persons engaged in commerce, including banks. Th Section 5 of the Federal Trade Commission (FTC) Act. The section of the Federal Trade Commission Act prohibiting: Unfair methods of competition. Unfair or deceptive acts or practices. ( 15 U.S.C. § 45 (a) .) Under Section 5 (a), the FTC challenges business conduct that Section 5 of the Federal Trade Commission (FTC) Act prohibits 'unfair methods of competition' (UMC), including conduct that violates either the antitrust laws or Section 5 standing alone. Although it has existed for nearly 100 years, the FTC has never issued any formal guidance on its Section 5 enforcement policy. Relying o Section 5 of the Federal Trade Commission Act (FTC Act), Ch. 311, §5, 38 Stat. 719, codified at 15 U.S.C. §45(a). Overview [ edit | edit source ] Section 5 prohibits entities from engaging in unfair or deceptive acts or practices in interstate commerce

Section 5 of the Federal Trade Commission (FTC) Act prohibits 'unfair methods of competition' (UMC), including conduct that violates either the antitrust laws or Section 5 standing alone. Although it has existed for nearly 100 years, the FTC has never issued any formal guidance on its Section 5 enforcement policy When Congress created the FTC in 1914, it empowered the agency to prevent unfair methods of competition through Section 5 of the FTC Act, 15 U.S.C. § 45. Under Section 5, the Commission may condemn conduct that violates the Sherman Act, 15 U.S.C. § 1-7. But based on its review of the FTC Act's legislative history, the Supreme Court stated in Sperry & Hutchinson that Section 5 also reaches beyond violations of the Sherman Act to include broader categories of conduct

Section 5(a) of the FTC Act, 15 U.S.C. Sec. 45(a), prohibits, inter alia, unfair methods of competition. Unfair methods of competition include any conduct that would violate the Sherman Antitrust Act or the Clayton Act Although not clearly delineated by the FTC Act, section 5 covers a broad range of conduct, including, but not limited to, conduct that violates the Sherman Act. However, the FTC's ability to enforce section 5 of the FTC Act is not without boundaries

Section 5 of the Federal Trade Commission (FTC) Act

  1. (12 U.S.C. 3401 et seq.), as such Acts are amended by this Act, is in addition to, and not in lieu of, any other authority vested in the Federal Trade Commission or any other officer of the United States. § 45. Unfair methods of competition unlawful; prevention by Commission (Sec. 5
  2. The amendment made by section 5 of this Act [amending section 57a of this title] shall apply only to rulemaking proceedings initiated after the date of enactment of this Act. Such amendment shall not be construed to affect in any manner a rulemaking proceeding which was initiated before the date of enactment of this Act [ Aug. 26, 1994 ]
  3. SECTION 5 OF THE FTC ACT . AS A COMPETITION STATUTE . October 17, 2008 . 9:00 a.m. Federal Trade Commission . FTC Conference Center . 601 New Jersey Avenue, N.W. Washington, D.C
  4. Section 5 of the FTC Act declares unfair or deceptive acts or practices unlawful. Section 12 specifically prohibits false ads likely to induce the purchase of food, drugs, devices or cosmetics
  5. Section 5 of the Federal Trade Commission Act (FTC Act) declares that UDAPs affecting commerce are illegal. See. 15 USC § 45(a) (Section 5 FTC Act). The banking agencies. 1. have authority to enforce Section 5 of the FTC Act for the institutions they supervise. The FDIC has provided notice t
  6. ations, through civil penalty actions

Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices Background Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ''unfair or deceptive acts or practices in or affecting commerce.'' The prohibition applies to all persons engaged in commerce, including banks.Unde Finally, acts may be referred to by a different name, or may have been renamed, the links will take you to the appropriate listing in the table. Federal Trade Commission Act Sept. 26, 1914, ch. 311, 38 Stat. 717 ( 15 U.S.C. 41 et seq.

The FTC hosted a public debate about the benefits and negatives of defining and imposing parameters for Section 5 of the FTC Act — the federal law addressing unfair competition.. Both pro-guideline and anti-guideline advocates shared conflicting views, but a consensus remained elusive A Practice Note providing an overview of antitrust enforcement under Section 5 of the Federal Trade Commission (FTC) Act, including the types of anticompetitive conduct prohibited as unfair methods of competition, the debate over Section 5's scope with respect to standalone violations, and important features of FTC administrative trials and proceedings If the FTC cannot rigorously define an interpretation of Section 5 that will actually serve consumer welfare — which the Supreme Court has defined as the proper aim of antitrust law — Congress should explicitly circumscribe it once and for all, limiting Section 5 to protecting consumers against unfair and deceptive acts and practices and, narrowly, prohibiting unfair competition in the.

Section 1 of the Sherman Act, Section 5 of the FTC Act, Public Enforcement Amicus Briefs AAI Fights to Preserve Supreme Court's Actavis Ruling in Fifth Circuit (Impax v Additionally, plaintiffs submitted the novel question of whether Section 5 of the FTC Act may serve as a predicate for a negligence per se claim under Pennsylvania law. With regard to plaintiffs' negligence claim, Wawa argued that Payment Card Rules set forth the rights and responsibilities of network participants, such as plaintiffs Law on the Books. Section 5 of the Federal Trade Commission (FTC) Act is intended to combat anti-competitive and deceitful business practices with greater authority than the Sherman Act (1890) and its supplemental act, the Clayton Act (1914) [1]. The early 20 th century's economic boom entailed copious mergers and a dynamic political-economic.

Section 5(a) of the FTC Act empowers the agency to enforce against unfair or deceptive acts or practices in or affecting commerce. Over the past two decades, the FTC has used this authority extensively to hold businesses to fair and transparent privacy and security standards Unfortunately, he is not alone on this subject, since Commissioner Rosch recently mused in a speech that Section 5 could appropriately be used in what he described as out of round Sherman Act cases - which apparently means cases involving conduct that at least arguably could not be reached by the Sherman Act but nevertheless deserved condemnation (at least in the view of the FTC) Background on Section 5 Section 5 has two prongs. The first, reflected in its prohibition of unfair acts or deceptive acts or practices (UDAP) is meant (and has previously been used—until recently, as explained) as a consumer protection statute If the FTC cannot rigorously define an interpretation of Section 5 that will actually serve consumer welfare — which the Supreme Court has defined as the proper aim of antitrust law — Congress should explicitly circumscribe it once and for all, limiting Section 5 to protecting consumers against unfair and deceptive acts and practices and, narrowly, prohibiting unfair competition in the form of invitations to collude Section 5 of the FTC Act protects American consumer s from deceptive acts or practices in or affecting commerce. 5. Since the FTC Act's creation, consumers have not been able to initiate lawsuits alleging Section 5 violations, due largely in part to the judicial interpretation in . Holloway v. Bristol-Myers Corporation.

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Section 5 of the FTC Act: principles of navigation

  1. Abstract. As the Federal Trade Commission (FTC or the Commission) celebrates its 100th anniversary, it does so amid a renewed interest in finally defining what constitutes a standalone unfair method of competition under Section 5 of the FTC Act
  2. Necessity of a Private Right of Action Under Section 5 of the Federal Trade Commission Act At the present time consumer protection is limited largely to the FTC's enforcement of section 5 and available remedies under state law. Both, however, offer only limited and, in most cases, inadequate pro-tection. 25
  3. First, Section 5 of the FTC Act, properly construed, is indeed significantly broader and more encompassing than the Sherman Act or Clayton Act. Section 5 violations include incipient violations of the other antitrust laws, and also violations of their policy or spirit
  4. 21) Section 5 of the FTC Act does each of the following except. A) prohibits unfair or deceptive EC practices. B) gives the FTC authority to take action against companies whose lax security practices could expose customers' financial information to theft or loss
  5. Prior to amendment, par. (3) read as follows: Compliance with regulations prescribed under this subsection shall be enforced under section 5 of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464) with respect to Federal savings and loan associations, section 407 of the National Housing Act (12 U.S.C. 1730) with respect to insured institutions, and sections 6(i) and 17 of the Federal Home.
  6. es that the interests of justice require that any other person, partnership.

Section 5 of the FTC Act as a Competition Statute

  1. Section 5 of the FTC Act has been aggressively used by the FTC in recent years to challenge conduct by companies as antitrust or consumer protection violations. The FTC has challenged conduct that might otherwise be permissible under the Sherman Antitrust Act, an interpretation some courts have endorsed
  2. This FTC Act Section 5 Toolkit is a collection of continuously maintained resources designed to help counsel understand the scope of Section 5 and help their clients avoid Section 5 violations. The following is a selection of key content designed for use in Section 5-related investigations, litigation, and counseling
  3. State-Action Immunity and Section 5 of the FTC Act. 367 state commerce or burden commerce without legitimate justification. 8. State restrictions may fail rational basis review under the Fourteenth Amend-ment's equal protection clause if they have no objective basis other than to erect competitive barriers to protect economic special interests.
  4. Section 5 of the FTC Act gives the Commission authority to police both unfair methods of competition and unfair or deceptive acts or practices affecting commerce. The primary federal statute governing anticompetitive conduct by companies, the Sherman Act, makes illegal joint conduct (under Section 1) and unilateral conduct (under Section 2) in restraint of trade
  5. istrative hearings and obtain injunctive or other equitable relief for violations. For more information on Section 5, see Practice Notes, FTC Act Section 5: Overview and Consumer Protection Overview: Federal Trade Commissio
  6. Section 5 of the Federal Trade Commission (FTC) Act prohibits 'unfair methods of competition' (UMC), including conduct that violates either the antitrust laws or Section 5 standing alone

The FTC has entered into several consent decrees during the past 15 years in cases involving invitations to collude. The FTC historically has used Section 5 of the FTC Act to condemn such invitations to collude, rather than the Sherman Act, because the invitations to collude which it has condemned do not necessarily constitute explicit or. Section 5 of the federal trade commission (ftc) act prohibits 'unfair methods of competition' (umc), including conduct that violates either the antitrust laws or section 5 standing alone. Source: www.ftc.gov. First, section 5 of the ftc act, properly construed, is indeed significantly broader and more encompassing than the sherman act or. The Federal Trade Commission Act (FTC Act) grants Respondent Federal Trade Commission (FTC) authority to regulate deceptive acts or practices. Fed. Trade Comm'n v. AMG Capital Mgmt., LLC at 424. Specifically, Section 5 of the FTC Act prohibits deceptive acts or practices in or affecting commerce and grants the FTC broad authority to enforce this law Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B) (unfair or deceptive acts or practices)—Increase from $42,530 to $43,280; Section 10 of the FTC Act, 15 U.S.C. 50 (failure to file required reports)—Increase from $559 to $569 Unfair or Deceptive Acts or Practices Under Section 5 of the Federal Trade Commission Act Summary: The FDIC and the Board of Governors of the Federal Reserve System are issuing guidance to state-chartered banks to outline the standards that the agencies will consider when applying the prohibitions against unfair or deceptive acts or practices found in section 5 of the Federal Trade Commission Act

A Brief Overview of the Federal Trade Commission's

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  2. Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act,2 this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostil
  3. standalone Section 5 enforcement authority are—which may have been the point. Guidance, Please The Supreme Court has confirmed that conduct that is not unlawful under the Sherman Act or other antitrust statutes can nevertheless be prohibited under Section 5 of the FTC Act.2But regardless of whether the FTC can prohibit con
  4. In Section 5 of the FTC Act, Congress prohibited ^[u]nfair methods of competition _ but declined to elaborate further. The FTC, for its part, has never issued clear official guidance on its views of the provision. This ill-defined proscription is a potential nightmare for modern businesses — and thei
  5. Jan Rybnicek & Joshua Wright, Defining Section 5 of the FTC Act: The Failure of the Common Law Method and the Case for Formal Agency Guidelines, 21 Geo. Mason L. Rev. 1287, 1304 (2014). See, e.g., Maureen Ohlhausen, Section 5 of the FTC Act: Principles of Navigation, 2 J. Antitrust Enforcement 1 (2014)
  6. Section 5 of the Federal Trade Commission Act (FTC Act) declares that UDAPs affecting commerce are illegal. See 15 USC § 45(a) (Section 5 FTC Act). The banking agencies2 have authority to enforce Section 5 of the FTC Act for the institutions they supervise. The FDIC has provided notice t
  7. Section 5 of the Federal Trade Commission (FTC) Act gives the FTC an undefined mandate to prosecute unfair methods of competition. For nearly 100 years, the Commission has searched tirelessly for the meaning of this amorphous concept. Since 1992, the FTC has continued to define Section 5 through a series of consent decrees

Not-for-Profit Hospitals and Enforcement of Section 5 of

15 U.S. Code § 45 - Unfair methods of competition unlawful ..

Civil Penalties under Section 5(m) of the Federal Trade

  1. On August 13, 2015, the U.S. Federal Trade Commission (FTC) issued formal guidance on Section 5 enforcement consisting of a general statement of principles [1] to guide application of its authority to challenge unfair methods of competition under Section 5 of the FTC Act. [2
  2. This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC.Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme Court found that Section 13(b) of the FTC Act does not allow for monetary remedies.. The Court's conclusion, stated at the outset, is straightforward and unambiguous: The.
  3. Tag: FTC Act Section 5 #25 Are You Paying The Right Drug Price? The Role of Antitrust in Prescription Drug Pricing. Posted 1 year ago Tagged Article 102 TFEU FTC Act Section 5 intellectual property monopoly prescription drug prices Sherman Act Section 2
  4. Corpus ID: 155582961. Section 5 of the FTC Act and the Need for Guidelines @article{Crane2013Section5O, title={Section 5 of the FTC Act and the Need for Guidelines}, author={D. Crane}, journal={Antitrust Chronicle}, year={2013}, volume={9}
  5. Therefore, LabMD's data security practices were unfair under Section 5. In 9 Prior to the hearing, LabMD amended its answer and once again unsuccessfully moved to dismiss the FTC's complaint. Nothing in the answer or the motion is pertinent here. 10 Section 5(n) states, as a prerequisite for an act or practice to be unfair, [T]he.
  6. Answer to: Did Kraft Inc. violate section 5 of the FTC Act? By signing up, you'll get thousands of step-by-step solutions to your homework..
  7. Practical Law offers the most valuable resources for today's attorneys. Shop plans today

TOPN: Federal Trade Commission Act US Law LII / Legal

Daniel Crane, Sep 16, 2013. FTC Commissioners Wright and Olhausen recently have argued that the FTC should issue a policy statement or guidelines regarding enforcement of Section 5 of the FTC Act to create liability for unfair methods of competition beyond the Sherman Act's reaches While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC's effort and cabin the FTC's powers in future matters better suited to an independent Section 5 Most in the franchise industry are aware that Section 5 of the FTC Act declares unlawful unfair or deceptive acts or practices in or affecting commerce. 15 U.S.C. §45(a)(1). Indeed, a violation of the Franchise Rule also constitutes a violation of Section 5(a)(1) of the FTC Act. 15 U.S.C. §57a(d)(3) State Action Immunity and Section 5 of the FTC Act. Daniel A. Crane & Adam G. Hester (University of Michigan) Abstract: The state action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy Wyndham's data security practices, allege the FTC, are deceptive and unfair acts prohibited by Section 5 of the FTC Act. The Commission alleges that, at least since 2008, Wyndham engaged in a number of practices that unreasonably and unnecessarily exposed consumers' personal data to unauthorized access and theft

Section 5 of the FTC Act: To Parameter or Not To Parameter

FTC Act Section 5: Overview Practical La

Section 5 of the FTC Act authorizes the FTC to prevent unfair and deceptive acts or practices. And since the late 1990s, the FTC has used this authority to take action against companies for their allegedly deceptive data privacy and security practices. The FTC considers representations to be deceptive if they are likely to mislead reasonable. On May 11, 2018, U.S. Federal Trade Commission (FTC) Administrative Law Judge D. Michael Chappell issued an initial decision ruling that a reverse payment settlement by Endo Pharmaceuticals (Endo) with Impax Laboratories (Impax) did not violate Section 5 of the FTC Act, and dismissing the FTC's complaint

1 Section 5 of the FTC Act prohibits unfair or deceptive acts or practices (UDAP) in or affecting commerce. The FTC's standards for assessing whether a particular practice is unfair or deceptive are set forth in two policy statements—the FTC Policy Statement o FTC Issues Guidance on Scope of Unfair Competition Under Section 5 of FTC Act* In a short statement issued August 13, 2015, the FTC issued guidance regarding how it will interpret Section 5 of the FTC Act. Section 5 is a little-used antitrust statute for which the FTC has issued no guidance in the Act's 100-year history FTC Announces New Guidance on Section 5 Unfair Competition Enforcement. Chairwoman Edith Ramirez has announced the FTC's new policy concerning its enforcement authority under Section 5 of the Federal Trade Commission Act, in particular Section 5's prohibition of unfair methods of competition.. The text of Section 5 prohibits [u.

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In an accompanying statement, the FTC explained its view that Section 5 is aligned with the other antitrust laws, which have evolved over time and are guided by the goal of promoting consumer welfare informed by economic analysis. 4 The accompanying statement indicates that the Sherman Act and Clayton Act would continue to be the primary enforcement tools used by the FTC but notes also. Section 5 of the Federal Trade Commission Act provides the FTC with flexibility to attack competitive conduct that is proper when examined under the federal antitrust laws. Although the FTC brought some early cases relying on this expansive view of Section 5 Of Section 5, the Court in Indiana Federation of Dentists said merely that the standard of 'unfairness' under the FTC Act is, by necessity, an elusive one. Elusive. Try telling that to your shareholders—or investors looking for The Next Big Thing—when asked how the FTC might regulate innovative business methods FTC Act Section 5 FTC issues Final Order and data security lessons in LabMD case. August 16, 2016 August 17, 2016 Margaret Young Levi Cyber Security and Cyber Crime,.

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Section 5 of the FTC Act and monopolization cases: A brief

Under Section 5 of the FTC Act? Robert Litan and Hal Singer 1. By any measure, Google is one of America's most innovative companies of the last decade. Its search engine has literally changed the way peopleall around the world access information and conduct research. It is one of the few companies whose name has become a verb This paper makes two points. First, Section 5 of the FTC Act, properly construed, is indeed significantly broader and more encompassing than the Sherman Act or Clayton Act. Section 5 violations include incipient violations of the other antitrust laws, and also violations of their policy or spirit. Second, the best - and probably the only - way to interpret Section 5 in an expansive manner is. Act Mar. 21, 1938, ch. 49, §5(b), 52 Stat. 117, provided: Section 14 of the Federal Trade Commission Act [this section] added to such Act by section 4 of this Act, shall take effect on the expiration of sixty days after the date of the enactment of this Act [Mar. 21, 1938]. Transfer of Function In Section 5 of the FTC Act, Congress prohibited [u]nfair methods of competition but declined to elaborate further. The FTC, for its part, has never issued clear official guidance on its views.

Section 5 of the FTC Act - American Antitrust Institut

In a short statement issued yesterday, the FTC issued guidance regarding how it will interpret Section 5 of the FTC Act. Section 5 is a little-used antitrust statute for which the FTC has issued. This uncertainty acts as a deterrent to innovation and creativity'. 14 The topic of the FTC's discretion over Section 5, moreover, was front-and-centre in a recent Congressional hearing focused on the FTC's hundredth year. 15 Last summer, FTC Commissioners Ohlhausen and Wright proposed guidelines that would circumscribe the Commission's Section 5 power to cover only conduct that harms. Vesala, Juha./ FTC's Workshop on Section 5 of The FTC Act As A Competition Statute.Transatlantic Antitrust and IPR Developments. Transatlantic Technology Law Forum, 2008

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Section 5 of the FTC Act renders unfair methods of competition in or affecting commerce to be unlawful. [2] Generally, the FTC addresses unfair methods of competition that allegedly violate the Sherman Act or Clayton Act by invoking its Section 5 authority and then incorporating the Sherman Act or Clayton Act principles by reference in the complaint Section 5 of the FTC Act, which declares illegal unfair methods of competition and unfair acts and practices is critically important. To give just one example,.

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Section 5 of the FTC Act (15 USC §45) - foundations of law

Under Section 19 of the FTC Act, the FTC obtained a cease and desist order under Section 5 ordering Figgie to cease and desist from engaging in the unfair or deceptive practices it used to. Home » FTC Reverses ALJ, Finds that LabMD Violated Section 5 of FTC Act FTC Reverses ALJ, Finds that LabMD Violated Section 5 of FTC Act. By Mark C. Mao, Ronald I. Raether,.

Federal Trade Commission closes investigation into Zuffa's

Federal Trade Commission Act, Section 5 o

On June 24, 2019, in response to a directive from Congress, the Federal Trade Commission (FTC) issued a report to the House and Senate Appropriations Committees on the use of the FTC's standalone authority under Section 5 of the Federal Trade Commission Act to address high pharmaceutical prices. The committees had directed the FTC to examine, in consultation with the U.S. Food and Drug. ITS SECTION 5 FTC ACT COUNTERPART* By PaulH. LaRue Member of the Illinois Bar The law of unfair practices in international trade based on the two statutes I shall discuss is still in an early evolutionary stage. Both statutes broadly prohibit unfair methods of competition and unfair acts, but Section 33 According to the FTC's filing, Section 5 of the FTC Act exempts from the FTC's jurisdiction common carriers subject to the Communications Act. The FTC argued that an entity is a common carrier subject to the Communications Act only to the degree it is engaged in common carrier activities and not because of its general 'status' as a common carrier On Apr. 15, 2015, the 11th Circuit affirmed a Federal Trade Commission ruling that McWane, Inc., the dominant producer of domestic pipe fittings, violated Section 5 of the FTC Act when it informed its distributors that unless they bought all of their domestic fittings from McWane, they would lose rebates and be cut off from purchases for 12 weeks the Sherman Act where it more likely bears no litigation or enforcement costs to the world of. Section 5 where it bears some. Moreover, the claims that FTC enforcement of Section 5 removes the.

Section 5 of the FTC Act: Déjà Vu All Over Again

Federal Trade Commission Act (FTCA), federal legislation that was adopted in the United States in 1914 to create the Federal Trade Commission (FTC) and to give the U.S. government a full complement of legal tools to use against anticompetitive, unfair, and deceptive practices in the marketplace Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences

Section 5 of the FTC Act and Monopolization Cases: A Brief

Under Section 19 of the FTC Act, the FTC can pursue consumer redress for alleged unfair or deceptive practices, but first must file administratively for an order directing the target of the investigation to cease and desist from the allegedly unfair or deceptive practices and, if the order is challenged, go through several rounds of review—first by the Commission and then by the United. But the FTC retains jurisdiction over these non-bank entities when it comes to unfair or deceptive acts or practices and has concurrent jurisdiction with the CFPB on the Fair Credit Reporting Act. As such, the CFPB and the FTC are instructed to coordinate on their concurrent jurisdiction. As Title X, Section 1024(c)(3)(A) states

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