Tips From FTC When Subpoena

Click to edit Master title style Tips From FTC When Subpoena Created by Margaret Pratt 1

CFTlicCksutobpeodeitnMaaster title style • The FTC’s ability to obtain information through subpoenas and civil investigative demands (CIDs) is critical to the task of investigating potential law violations. The FTC uses this authority deliberately and responsibly, avoiding unnecessary burdens on businesses and individuals and consistent with our obligations to enforce the law. 22

Coliockpetroaetidnigt wMaitshtesrtatfiftle style • FTC staff are always willing to work with parties and their counsel to determine the scope of the agency’s subpoena or CID and a timeframe for compliance. In fact, the FTC’s Rules of Practice require parties to meet and confer with FTC staff to identify any issues, problems, or concerns that might affect a party’s ability to comply. As provided in the FTC’s Rules of Practice, based on what we learn from the meet-and-confer session, FTC staff may agree in writing to limit some of the requests or to extend the deadline for compliance. 33

ACldicvkanttoaegediotfMsausbtpeoretintale style • Take advantage of meet-and-confer opportunities and be forthcoming about any concerns that you have about your ability to comply on time and in full. In meetings or calls, bring people who have knowledge and information about the required documents and information and the efforts necessary to produce them. Provide specific and concrete information — not just guesses. 44

FCTlicCkatnodeidtsitsMtaafsfter title style • If you run into problems meeting deadlines, call staff immediately. Keep them apprised so they can work with you. Stay in contact. Don’t let deadlines pass without explanation. Understand that the FTC and its staff need to move investigations forward expeditiously. Unsupported requests for extended delays may not be granted. 55

CIlDickortosuebdpitoeMnaaster title style • Abide by commission orders promptly. If you have filed a petition to limit or quash a CID or subpoena and the commission has ordered some form of compliance, you must do so or risk a potential enforcement action within 30 days of the commission’s deadline. 66

FCTlicCkintoveesdtigtaMtiaosnter title style • Bear in mind that there are many other factors that affect the timing and course of an FTC investigation. Delaying compliance with a CID or subpoena in hopes that you won’t have to comply at all rarely works, and most often results in follow up from the Office of General Counsel. 77

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