15 U.S.C. § 45 — Unfair methods of competition unlawful;

Page 51 TITLE 15—COMMERCE AND TRADE § 45 lawful restraints and monopolies’’, approved July 2, 1890; also sections 73 to 76, inclusive, of an Act entitled ‘‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’’, approved August 27, 1894; also the Act entitled ‘‘An Act to amend sections 73 and 76 of the Act of August 27, 1894, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’ ’’, ap- proved February 12, 1913; and also the Act enti- tled ‘‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’’, approved October 15, 1914. ‘‘Banks’’ means the types of banks and other financial institutions referred to in section 57a(f)(2) of this title. ‘‘Foreign law enforcement agency’’ means— (1) any agency or judicial authority of a for- eign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative author- ity in civil, criminal, or administrative mat- ters; and (2) any multinational organization, to the extent that it is acting on behalf of an entity described in paragraph (1). (Sept. 26, 1914, ch. 311, § 4, 38 Stat. 719; Mar. 21, 1938, ch. 49, § 2, 52 Stat. 111; Pub. L. 102–242, title II, § 212(g)(1), Dec. 19, 1991, 105 Stat. 2302; Pub. L. 107–273, div. C, title IV, § 14102(c)(2)(B), Nov. 2, 2002, 116 Stat. 1921; Pub. L. 109–455, §§ 2, 13, Dec. 22, 2006, 120 Stat. 3372, 3382; Pub. L. 112–203, § 1, Dec. 4, 2012, 126 Stat. 1484.) AMENDMENT OF SECTION For repeal of amendment by section 13 of Pub. L. 109–455, see Termination Date of 2006 Amend- ment note below. Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classi- fied principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Ta- bles. The Act entitled ‘‘An Act to protect trade and com- merce against unlawful restraints and monopolies,’’ ap- proved July 2, 1890, referred to in the text, is known as the Sherman Act, and is classified to sections 1 to 7 of this title. Sections 73 to 76, inclusive, of an Act entitled ‘‘An Act to reduce taxation, to provide revenue for the Gov- ernment, and for other purposes’’, approved August 27, 1894, referred to in text, are known as the Wilson Tariff Act. Sections 73 to 76 are classified to sections 8 to 11 of this title. Act February 12, 1913, is set out as amendments to sections 8 and 11 of this title. The Act entitled ‘‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’’, approved October 15, 1914, referred to in text, is the Clayton Act. For classification of the Act to the Code, see References in Text note set out under section 12 of this title. CODIFICATION ‘‘Subtitle IV of title 49’’ substituted in text for ‘‘the Act entitled ‘An Act to regulate commerce’, approved February 14, 1887, and all Acts amendatory thereof and supplementary thereto’’ on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49, Transportation. AMENDMENTS 2012—Pub. L. 112–203, § 1, amended Pub. L. 109–455, § 13. See 2006 Amendment note below. 2006—Pub. L. 109–455, § 2, which added par. defining ‘‘Foreign law enforcement agency’’, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. 2002—Pub. L. 107–273 substituted ‘‘73 to 76’’ for ‘‘73 to 77’’ in par. defining ‘‘Antitrust Acts’’. 1991—Pub. L. 102–242 added par. defining ‘‘Banks’’. 1938—Act Mar. 21, 1938, amended section generally. Statutory Notes and Related Subsidiaries TERMINATION DATE OF 2006 AMENDMENT Pub. L. 109–455, § 13, Dec. 22, 2006, 120 Stat. 3382, as amended by Pub. L. 112–203, § 1, Dec. 4, 2012, 126 Stat. 1484; Pub. L. 116–173, § 1, Oct. 20, 2020, 134 Stat. 837, pro- vided that: ‘‘Effective September 30, 2027, this Act [en- acting sections 57b–2a, 57b–2b, 57c–1, and 57c–2 of this title, amending this section, sections 45, 46, 56, 57b–2, and 58 of this title, and section 3412 of Title 12, Banks and Banking, and enacting provisions set out as notes under this section and section 58 of this title], and the amendments made by this Act, are repealed, and any provision of law amended by this Act shall be amended to read as if this Act had not been enacted into law.’’ [Pub. L. 116–173, § 1, which delayed the repeal of Pub. L. 109–455, and reversion of any amended text, by sub- stituting ‘‘September 30, 2027’’ for ‘‘September 30, 2020’’ in section 13 of Pub. L. 109–455, set out above, was given effect to reflect the probable intent of Congress, not- withstanding that Pub. L. 116–173 was enacted on Oct. 20, 2020.] EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–273 effective Nov. 2, 2002, and applicable only with respect to cases commenced on or after Nov. 2, 2002, see section 14103 of Pub. L. 107–273, set out as a note under section 3 of this title. PRESERVATION OF EXISTING AUTHORITY Pub. L. 109–455, § 12, Dec. 22, 2006, 120 Stat. 3382, pro- vided that: ‘‘The authority provided by this Act [see Termination Date of 2006 Amendment note above], and by the Federal Trade Commission Act (15 U.S.C. 41 et seq.) and the Right to Financial Privacy Act [of 1978] (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.’’ [Section 12 of Pub. L. 109–455, set out above, repealed effective Sept. 30, 2027, see section 13 of Pub. L. 109–455, as amended, set out as a Termination Date of 2006 Amendment note above.] § 45. Unfair methods of competition unlawful; prevention by Commission (a) Declaration of unlawfulness; power to pro- hibit unfair practices; inapplicability to for- eign trade (1) Unfair methods of competition in or affect- ing commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful. (2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan in- stitutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, common carriers subject to the Acts to regulate commerce, air carriers and Page 52 TITLE 15—COMMERCE AND TRADE § 45 1 So in original. Probably should be ‘‘clause’’. foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or cor- porations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [7 U.S.C. 181 et seq.], except as provided in section 406(b) of said Act [7 U.S.C. 227(b)], from using un- fair methods of competition in or affecting com- merce and unfair or deceptive acts or practices in or affecting commerce. (3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import com- merce) unless— (A) such methods of competition have a di- rect, substantial, and reasonably foreseeable effect— (i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or (ii) on export commerce with foreign na- tions, of a person engaged in such commerce in the United States; and (B) such effect gives rise to a claim under the provisions of this subsection, other than this paragraph. If this subsection applies to such methods of competition only because of the operation of subparagraph (A)(ii), this subsection shall apply to such conduct only for injury to export busi- ness in the United States. (4)(A) For purposes of subsection (a), the term ‘‘unfair or deceptive acts or practices’’ includes such acts or practices involving foreign com- merce that— (i) cause or are likely to cause reasonably foreseeable injury within the United States; or (ii) involve material conduct occurring with- in the United States. (B) All remedies available to the Commission with respect to unfair and deceptive acts or practices shall be available for acts and prac- tices described in this paragraph, including res- titution to domestic or foreign victims. (b) Proceeding by Commission; modifying and setting aside orders Whenever the Commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition or unfair or deceptive act or practice in or affecting commerce, and if it shall appear to the Commission that a pro- ceeding by it in respect thereof would be to the interest of the public, it shall issue and serve upon such person, partnership, or corporation a complaint stating its charges in that respect and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. The person, partnership, or corporation so complained of shall have the right to appear at the place and time so fixed and show cause why an order should not be entered by the Commission requir- ing such person, partnership, or corporation to cease and desist from the violation of the law so charged in said complaint. Any person, partner- ship, or corporation may make application, and upon good cause shown may be allowed by the Commission to intervene and appear in said pro- ceeding by counsel or in person. The testimony in any such proceeding shall be reduced to writ- ing and filed in the office of the Commission. If upon such hearing the Commission shall be of the opinion that the method of competition or the act or practice in question is prohibited by this subchapter, it shall make a report in writ- ing in which it shall state its findings as to the facts and shall issue and cause to be served on such person, partnership, or corporation an order requiring such person, partnership, or cor- poration to cease and desist from using such method of competition or such act or practice. Until the expiration of the time allowed for fil- ing a petition for review, if no such petition has been duly filed within such time, or, if a petition for review has been filed within such time then until the record in the proceeding has been filed in a court of appeals of the United States, as hereinafter provided, the Commission may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section. After the expi- ration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, the Commission may at any time, after notice and opportunity for hear- ing, reopen and alter, modify, or set aside, in whole or in part any report or order made or issued by it under this section, whenever in the opinion of the Commission conditions of fact or of law have so changed as to require such action or if the public interest shall so require, except that (1) the said person, partnership, or corpora- tion may, within sixty days after service upon him or it of said report or order entered after such a reopening, obtain a review thereof in the appropriate court of appeals of the United States, in the manner provided in subsection (c) of this section; and (2) in the case of an order, the Commission shall reopen any such order to consider whether such order (including any af- firmative relief provision contained in such order) should be altered, modified, or set aside, in whole or in part, if the person, partnership, or corporation involved files a request with the Commission which makes a satisfactory show- ing that changed conditions of law or fact re- quire such order to be altered, modified, or set aside, in whole or in part. The Commission shall determine whether to alter, modify, or set aside any order of the Commission in response to a re- quest made by a person, partnership, or corpora- tion under paragraph 1 (2) not later than 120 days after the date of the filing of such request. (c) Review of order; rehearing Any person, partnership, or corporation re- quired by an order of the Commission to cease and desist from using any method of competi- tion or act or practice may obtain a review of such order in the court of appeals of the United States, within any circuit where the method of competition or the act or practice in question was used or where such person, partnership, or corporation resides or carries on business, by fil- ing in the court, within sixty days from the date of the service of such order, a written petition praying that the order of the Commission be set Page 53 TITLE 15—COMMERCE AND TRADE § 45 aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the pro- ceeding, as provided in section 2112 of title 28. Upon such filing of the petition the court shall have jurisdiction of the proceeding and of the question determined therein concurrently with the Commission until the filing of the record and shall have power to make and enter a decree affirming, modifying, or setting aside the order of the Commission, and enforcing the same to the extent that such order is affirmed and to issue such writs as are ancillary to its jurisdic- tion or are necessary in its judgement to pre- vent injury to the public or to competitors pendente lite. The findings of the Commission as to the facts, if supported by evidence, shall be conclusive. To the extent that the order of the Commission is affirmed, the court shall there- upon issue its own order commanding obedience to the terms of such order of the Commission. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such addi- tional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Com- mission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of its origi- nal order, with the return of such additional evi- dence. The judgment and decree of the court shall be final, except that the same shall be sub- ject to review by the Supreme Court upon cer- tiorari, as provided in section 1254 of title 28. (d) Jurisdiction of court Upon the filing of the record with it the juris- diction of the court of appeals of the United States to affirm, enforce, modify, or set aside orders of the Commission shall be exclusive. (e) Exemption from liability No order of the Commission or judgement of court to enforce the same shall in anywise re- lieve or absolve any person, partnership, or cor- poration from any liability under the Antitrust Acts. (f) Service of complaints, orders and other proc- esses; return Complaints, orders, and other processes of the Commission under this section may be served by anyone duly authorized by the Commission, ei- ther (a) by delivering a copy thereof to the per- son to be served, or to a member of the partner- ship to be served, or the president, secretary, or other executive officer or a director of the cor- poration to be served; or (b) by leaving a copy thereof at the residence or the principal office or place of business of such person, partnership, or corporation; or (c) by mailing a copy thereof by registered mail or by certified mail addressed to such person, partnership, or corporation at his or its residence or principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post office re- ceipt for said complaint, order, or other process mailed by registered mail or by certified mail as aforesaid shall be proof of the service of the same. (g) Finality of order An order of the Commission to cease and de- sist shall become final— (1) Upon the expiration of the time allowed for filing a petition for review, if no such peti- tion has been duly filed within such time; but the Commission may thereafter modify or set aside its order to the extent provided in the last sentence of subsection (b). (2) Except as to any order provision subject to paragraph (4), upon the sixtieth day after such order is served, if a petition for review has been duly filed; except that any such order may be stayed, in whole or in part and subject to such conditions as may be appropriate, by— (A) the Commission; (B) an appropriate court of appeals of the United States, if (i) a petition for review of such order is pending in such court, and (ii) an application for such a stay was previously submitted to the Commission and the Com- mission, within the 30-day period beginning on the date the application was received by the Commission, either denied the applica- tion or did not grant or deny the applica- tion; or (C) the Supreme Court, if an applicable pe- tition for certiorari is pending. (3) For purposes of subsection (m)(1)(B) and of section 57b(a)(2) of this title, if a petition for review of the order of the Commission has been filed— (A) upon the expiration of the time al- lowed for filing a petition for certiorari, if the order of the Commission has been af- firmed or the petition for review has been dismissed by the court of appeals and no pe- tition for certiorari has been duly filed; (B) upon the denial of a petition for certio- rari, if the order of the Commission has been affirmed or the petition for review has been dismissed by the court of appeals; or (C) upon the expiration of 30 days from the date of issuance of a mandate of the Su- preme Court directing that the order of the Commission be affirmed or the petition for review be dismissed. (4) In the case of an order provision requir- ing a person, partnership, or corporation to di- vest itself of stock, other share capital, or as- sets, if a petition for review of such order of the Commission has been filed— (A) upon the expiration of the time al- lowed for filing a petition for certiorari, if the order of the Commission has been af- firmed or the petition for review has been dismissed by the court of appeals and no pe- tition for certiorari has been duly filed; (B) upon the denial of a petition for certio- rari, if the order of the Commission has been Page 54 TITLE 15—COMMERCE AND TRADE § 45 affirmed or the petition for review has been dismissed by the court of appeals; or (C) upon the expiration of 30 days from the date of issuance of a mandate of the Su- preme Court directing that the order of the Commission be affirmed or the petition for review be dismissed. (h) Modification or setting aside of order by Su- preme Court If the Supreme Court directs that the order of the Commission be modified or set aside, the order of the Commission rendered in accordance with the mandate of the Supreme Court shall become final upon the expiration of thirty days from the time it was rendered, unless within such thirty days either party has instituted pro- ceedings to have such order corrected to accord with the mandate, in which event the order of the Commission shall become final when so cor- rected. (i) Modification or setting aside of order by Court of Appeals If the order of the Commission is modified or set aside by the court of appeals, and if (1) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the Commission rendered in accordance with the mandate of the court of appeals shall be- come final on the expiration of thirty days from the time such order of the Commission was ren- dered, unless within such thirty days either party has instituted proceedings to have such order corrected so that it will accord with the mandate, in which event the order of the Com- mission shall become final when so corrected. (j) Rehearing upon order or remand If the Supreme Court orders a rehearing; or if the case is remanded by the court of appeals to the Commission for a rehearing, and if (1) the time allowed for filing a petition for certiorari has expired, and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the Commission rendered upon such rehearing shall become final in the same manner as though no prior order of the Commission had been rendered. (k) ‘‘Mandate’’ defined As used in this section the term ‘‘mandate’’, in case a mandate has been recalled prior to the ex- piration of thirty days from the date of issuance thereof, means the final mandate. (l) Penalty for violation of order; injunctions and other appropriate equitable relief Any person, partnership, or corporation who violates an order of the Commission after it has become final, and while such order is in effect, shall forfeit and pay to the United States a civil penalty of not more than $10,000 for each viola- tion, which shall accrue to the United States and may be recovered in a civil action brought by the Attorney General of the United States. Each separate violation of such an order shall be a separate offense, except that in a case of a vio- lation through continuing failure to obey or ne- glect to obey a final order of the Commission, each day of continuance of such failure or ne- glect shall be deemed a separate offense. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate in the enforcement of such final orders of the Commission. (m) Civil actions for recovery of penalties for knowing violations of rules and cease and desist orders respecting unfair or deceptive acts or practices; jurisdiction; maximum amount of penalties; continuing violations; de novo determinations; compromise or set- tlement procedure (1)(A) The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person, partnership, or corporation which violates any rule under this subchapter respecting unfair or deceptive acts or practices (other than an inter- pretive rule or a rule violation of which the Commission has provided is not an unfair or de- ceptive act or practice in violation of subsection (a)(1)) with actual knowledge or knowledge fair- ly implied on the basis of objective cir- cumstances that such act is unfair or deceptive and is prohibited by such rule. In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation. (B) If the Commission determines in a pro- ceeding under subsection (b) that any act or practice is unfair or deceptive, and issues a final cease and desist order, other than a consent order, with respect to such act or practice, then the Commission may commence a civil action to obtain a civil penalty in a district court of the United States against any person, partnership, or corporation which engages in such act or practice— (1) after such cease and desist order becomes final (whether or not such person, partnership, or corporation was subject to such cease and desist order), and (2) with actual knowledge that such act or practice is unfair or deceptive and is unlawful under subsection (a)(1) of this section. In such action, such person, partnership, or cor- poration shall be liable for a civil penalty of not more than $10,000 for each violation. (C) In the case of a violation through con- tinuing failure to comply with a rule or with subsection (a)(1), each day of continuance of such failure shall be treated as a separate viola- tion, for purposes of subparagraphs (A) and (B). In determining the amount of such a civil pen- alty, the court shall take into account the de- gree of culpability, any history of prior such conduct, ability to pay, effect on ability to con- tinue to do business, and such other matters as justice may require. (2) If the cease and desist order establishing that the act or practice is unfair or deceptive was not issued against the defendant in a civil penalty action under paragraph (1)(B) the issues of fact in such action against such defendant shall be tried de novo. Upon request of any party to such an action against such defendant, the Page 55 TITLE 15—COMMERCE AND TRADE § 45 court shall also review the determination of law made by the Commission in the proceeding under subsection (b) that the act or practice which was the subject of such proceeding con- stituted an unfair or deceptive act or practice in violation of subsection (a). (3) The Commission may compromise or settle any action for a civil penalty if such com- promise or settlement is accompanied by a pub- lic statement of its reasons and is approved by the court. (n) Standard of proof; public policy consider- ations The Commission shall have no authority under this section or section 57a of this title to declare unlawful an act or practice on the grounds that such act or practice is unfair unless the act or practice causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not out- weighed by countervailing benefits to consumers or to competition. In determining whether an act or practice is unfair, the Commission may consider established public policies as evidence to be considered with all other evidence. Such public policy considerations may not serve as a primary basis for such determination. (Sept. 26, 1914, ch. 311, § 5, 38 Stat. 719; Mar. 21, 1938, ch. 49, § 3, 52 Stat. 111; June 23, 1938, ch. 601, title XI, § 1107(f), 52 Stat. 1028; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Mar. 16, 1950, ch. 61, § 4(c), 64 Stat. 21; July 14, 1952, ch. 745, § 2, 66 Stat. 632; Pub. L. 85–726, title XIV, §§ 1401(b), 1411, Aug. 23, 1958, 72 Stat. 806, 809; Pub. L. 85–791, § 3, Aug. 28, 1958, 72 Stat. 942; Pub. L. 85–909, § 3, Sept. 2, 1958, 72 Stat. 1750; Pub. L. 86–507, § 1(13), June 11, 1960, 74 Stat. 200; Pub. L. 93–153, title IV, § 408(c), (d), Nov. 16, 1973, 87 Stat. 591, 592; Pub. L. 93–637, title II, §§ 201(a), 204(b), 205(a), Jan. 4, 1975, 88 Stat. 2193, 2200; Pub. L. 94–145, § 3, Dec. 12, 1975, 89 Stat. 801; Pub. L. 96–37, § 1(a), July 23, 1979, 93 Stat. 95; Pub. L. 96–252, § 2, May 28, 1980, 94 Stat. 374; Pub. L. 97–290, title IV, § 403, Oct. 8, 1982, 96 Stat. 1246; Pub. L. 98–620, title IV, § 402(12), Nov. 8, 1984, 98 Stat. 3358; Pub. L. 100–86, title VII, § 715(a)(1), Aug. 10, 1987, 101 Stat. 655; Pub. L. 103–312, §§ 4, 6, 9, Aug. 26, 1994, 108 Stat. 1691, 1692, 1695; Pub. L. 109–455, §§ 3, 13, Dec. 22, 2006, 120 Stat. 3372, 3382; Pub. L. 112–203, § 1, Dec. 4, 2012, 126 Stat. 1484.) AMENDMENT OF SECTION For repeal of amendment by section 13 of Pub. L. 109–455, see Termination Date of 2006 Amend- ment note below. Editorial Notes REFERENCES IN TEXT The Packers and Stockyards Act, 1921, as amended, referred to in subsec. (a)(2), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, which is classified to chapter 9 (§ 181 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 181 of Title 7 and Tables. CODIFICATION In subsec. (a)(2), ‘‘part A of subtitle VII of title 49’’ substituted for ‘‘the Federal Aviation Act of 1958 [49 App. U.S.C. 1301 et seq.]’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. In subsec. (c), ‘‘section 1254 of title 28’’ substituted for ‘‘section 240 of the Judicial Code [28 U.S.C. 347]’’ on au- thority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2012—Subsec. (a)(4). Pub. L. 112–203, § 1, amended Pub. L. 109–455, § 13. See 2006 Amendment note below. 2006—Subsec. (a)(4). Pub. L. 109–455, § 3, which added par. (4) extending the definition of unfair or deceptive acts or practices to include certain ones involving for- eign commerce, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. 1994—Subsec. (g)(1). Pub. L. 103–312, § 6(d), substituted a period for ‘‘; or’’ at end. Subsec. (g)(2). Pub. L. 103–312, § 6(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Commission has been affirmed, or the petition for review dismissed by the court of appeals, and no petition for certiorari has been duly filed; or’’. Subsec. (g)(3). Pub. L. 103–312, § 6(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘Upon the denial of a petition for certiorari, if the order of the Commission has been affirmed or the peti- tion for review dismissed by the court of appeals; or’’. Subsec. (g)(4). Pub. L. 103–312, § 6(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘Upon the expiration of thirty days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the Commission be af- firmed or the petition for review dismissed.’’ Subsec. (m)(1)(B). Pub. L. 103–312, § 4(a), inserted ‘‘, other than a consent order,’’ after ‘‘a final cease and desist order’’ in introductory provisions. Subsec. (m)(2). Pub. L. 103–312, § 4(b), inserted at end ‘‘Upon request of any party to such an action against such defendant, the court shall also review the deter- mination of law made by the Commission in the pro- ceeding under subsection (b) that the act or practice which was the subject of such proceeding constituted an unfair or deceptive act or practice in violation of subsection (a).’’ Subsec. (n). Pub. L. 103–312, § 9, added subsec. (n). 1987—Subsec. (a)(2). Pub. L. 100–86 inserted ‘‘Federal credit unions described in section 57a(f)(4) of this title,’’ after ‘‘section 57a(f)(3) of this title,’’. 1984—Subsec. (e). Pub. L. 98–620 struck out provision that such proceedings in the court of appeals had to be given precedence over other cases pending therein, and had to be in every way expedited. 1982—Subsec. (a)(3). Pub. L. 97–290 added par. (3). 1980—Subsec. (b). Pub. L. 96–252 added cl. (2) and pro- vision following cl. (2) requiring that the Commission determine whether to alter, modify, or set aside any order of the Commission in response to a request made by a person, partnership, or corporation under para- graph (2) not later than 120 days after the date of the filing of such request. 1979—Subsec. (a)(2). Pub. L. 96–37 added savings and loan institutions described in section 57a(f)(3) of this title to the enumeration of entities exempted from the Commission’s power to prevent the use of unfair meth- ods of competition and unfair or deceptive acts or prac- tices. 1975—Pub. L. 93–637, § 201(a), substituted ‘‘in or affect- ing commerce’’ for ‘‘in commerce’’ wherever appearing. Subsec. (a). Pub. L. 94–145 struck out pars. (2) to (5) which permitted fair trade pricing of articles for retail sale and State enactment of nonsigner provisions, and redesignated par. (6) as (2). Subsec. (m). Pub. L. 93–637, §§ 204(b), 205(a), added sub- sec. (m). Former subsec. (m), relating to the election by the Commission to appear in its own name after noti- fying and consulting with and giving the Attorney Gen- Page 56 TITLE 15—COMMERCE AND TRADE § 45 eral 10 days to take the action proposed by the Com- mission, was struck out. 1973—Subsec. (l). Pub. L. 93–153, § 408(c), raised the maximum civil penalty for each violation to $10,000 and inserted provisions empowering the United States Dis- trict Courts to grant mandatory injunctions and such other and further equitable relief as they might deem appropriate for the enforcement of final Commission orders. Subsec. (m). Pub. L. 93–153, § 408(d), added subsec. (m). 1960—Subsec. (f). Pub. L. 86–507 substituted ‘‘mailing a copy thereof by registered mail or by certified mail’’ for ‘‘registering and mailing a copy thereof’’, and ‘‘mailed by registered mail or by certified mail’’ for ‘‘registered and mailed’’. 1958—Subsec. (a)(6). Pub. L. 85–909 substituted ‘‘per- sons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended,’’ for ‘‘persons, partnerships or corporations subject to the Packers and Stockyards Act, 1921,’’. Pub. L. 85–726, § 1411, substituted ‘‘Federal Aviation Act of 1958’’ for ‘‘Civil Aeronautics Act of 1938’’. Subsec. (b). Pub. L. 85–791, § 3(a), struck out ‘‘the transcript of’’ before ‘‘the record in the proceeding’’ in sixth sentence. Subsec. (c). Pub. L. 85–791, § 3(b), in second sentence, substituted ‘‘transmitted by the clerk of the court to’’ for ‘‘served upon’’, and ‘‘Commission shall file in the court the record in the proceeding, as provided in sec- tion 2112 of title 28’’ for ‘‘Commission forthwith shall certify and file in the court a transcript of the entire record in the proceeding, including all the evidence taken and the report and order of the Commission’’, and which, in third sentence struck out ‘‘and tran- script’’ after ‘‘petition’’, inserted ‘‘concurrently with the Commission until the filing of the record’’ and struck out ‘‘upon the pleadings, evidence, and pro- ceedings set forth in such transcript’’ before ‘‘a decree affirming’’. Subsec. (d). Pub. L. 85–791, § 3(c), substituted ‘‘Upon the filing of the record with it the’’ for ‘‘The’’. 1952—Subsec. (a). Act July 14, 1952, amended subsec. (a) generally to permit fair trade pricing of articles for retail sale. 1950—Subsec. (l). Act Mar. 16, 1950, inserted last sen- tence to make each separate violation of a cease and desist order as a separate offense, except that each day of a continuing failure to obey a final order shall be a separate offense. 1938—Subsec. (a). Act June 23, 1938, inserted ‘‘air car- riers and foreign air carriers subject to chapter 9 of title 49’’ in second par. Act Mar. 21, 1938, amended section generally. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of appeals’’. TERMINATION DATE OF 2006 AMENDMENT Amendment by section 3 of Pub. L. 109–455 repealed effective Sept. 30, 2027, and provisions amended by Pub. L. 109–455 to be amended to read as if Pub. L. 109–455 had not been enacted, see section 13 of Pub. L. 109–455, set out as a note under section 44 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–312, § 15, Aug. 26, 1994, 108 Stat. 1697, pro- vided that: ‘‘(a) IN GENERAL.—Except as provided in subsections (b), (c), (d), and (e), the provisions of this Act [enacting section 57b–5 of this title, amending this section and sections 53, 57a, 57b–1, 57b–2, 57c, and 58 of this title, and enacting provisions set out as notes under sections 57c and 58 of this title] shall take effect on the date of en- actment of this Act [Aug. 26, 1994]. ‘‘(b) APPLICABILITY OF SECTION 5.—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]. ‘‘(c) APPLICABILITY OF SECTION 6.—The amendments made by section 6 of this Act [amending this section] shall apply only with respect to cease and desist orders issued under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) after the date of enactment of this Act [Aug. 26, 1994]. These amendments shall not be con- strued to affect in any manner a cease and desist order which was issued before the date of enactment of this Act. ‘‘(d) APPLICABILITY OF SECTIONS 7 AND 8.—The amend- ments made by sections 7 and 8 of this Act [amending sections 57b–1 and 57b–2 of this title] shall apply only with respect to compulsory process issued after the date of enactment of this Act [Aug. 26, 1994]. ‘‘(e) APPLICABILITY OF SECTION 9.—The amendments made by section 9 of this Act [amending this section] shall apply only with respect to cease and desist orders issued under section 5 of the Federal Trade Commission Act (15 U.S.C. 45), or to rules promulgated under sec- tion 18 of the Federal Trade Commission Act (15 U.S.C. 57a) after the date of enactment of this Act [Aug. 26, 1994]. These amendments shall not be construed to af- fect in any manner a cease and desist order which was issued, or a rule which was promulgated, before the date of enactment of this Act. These amendments shall not be construed to affect in any manner a cease and desist order issued after the date of enactment of this Act, if such order was issued pursuant to remand from a court of appeals or the Supreme Court of an order issued by the Federal Trade Commission before the date of enactment of this Act.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–252, § 23, May 28, 1980, 94 Stat. 397, provided that: ‘‘The provisions of this Act [enacting sections 57a–1 and 57b–1 to 57b–4 of this title, amending this sec- tion and sections 46, 50, 57a, 57c, and 58 of this title, and enacting provisions set out as notes under sections 46, 57a, 57a–1, 57c, and 58 of this title], and the amendments made by this Act, shall take effect on the date of the enactment of this Act [May 28, 1980].’’ EFFECTIVE DATE OF 1975 AMENDMENTS Amendment by Pub. L. 94–145 effective upon expira- tion of ninety-day period beginning on Dec. 12, 1975, see section 4 of Pub. L. 94–145, set out as a note under sec- tion 1 of this title. Amendment by section 204(b) of Pub. L. 93–637 not ap- plicable to any civil action commenced before Jan. 4, 1975, see section 204(c) of Pub. L. 93–637, set out as a note under section 56 of this title. Pub. L. 93–637, § 205(b), Jan. 4, 1975, 88 Stat. 2201, pro- vided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall not apply to any violation, act, or practice to the extent that such violation, act, or practice occurred before the date of enactment of this Act [Jan. 4, 1975].’’ EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–726 effective on 60th day following the date on which the Administrator of the Federal Aviation Agency first appointed under Pub. L. 85–726 qualifies and takes office, see section 1505(2) of Pub. L. 85–726. The Administrator was appointed, quali- fied, and took office on Oct. 31, 1958. EFFECTIVE DATE OF 1950 AMENDMENT Amendment by act Mar. 16, 1950, effective July 1, 1950, see note set out under section 347 of Title 21, Food and Drugs. Page 57 TITLE 15—COMMERCE AND TRADE § 45b PROHIBITING DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH THE NOVEL CORONAVIRUS Pub. L. 116–260, div. FF, title XIV, § 1401, Dec. 27, 2020, 134 Stat. 3275, provided that: ‘‘(a) SHORT TITLE.—This section may be cited as the ‘COVID–19 Consumer Protection Act’. ‘‘(b) IN GENERAL.—For the duration of a public health emergency declared pursuant to section 319 of the Pub- lic Health Service Act (42 U.S.C. 247d) as a result of confirmed cases of the 2019 novel coronavirus (COVID–19), including any renewal thereof, it shall be unlawful for any person, partnership, or corporation to engage in a deceptive act or practice in or affecting commerce in violation of section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) that is associ- ated with— ‘‘(1) the treatment, cure, prevention, mitigation, or diagnosis of COVID–19; or ‘‘(2) a government benefit related to COVID–19. ‘‘(c) ENFORCEMENT BY THE FEDERAL TRADE COMMIS- SION.— ‘‘(1) VIOLATION.—A violation of subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ‘‘(2) POWERS OF THE FEDERAL TRADE COMMISSION.— ‘‘(A) IN GENERAL.—The Federal Trade Commission shall enforce subsection (b) 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 Act [probably means ‘‘this sec- tion’’]. ‘‘(B) PRIVILEGES AND IMMUNITIES.—Any person who violates this Act [probably means ‘‘this sec- tion’’] shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. ‘‘(3) EFFECT ON OTHER LAWS.—Nothing in this Act [probably means ‘‘this section’’] shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. ‘‘(d) SEVERABILITY.—If any provision of this Act [probably means ‘‘this section’’], or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invali- dation.’’ CONGRESSIONAL FINDINGS AND DECLARATION OF PUR- POSE COVERING GRANT OF DISTRICT SUBPENA EN- FORCEMENT AUTHORITY AND AUTHORITY TO GRANT PRELIMINARY INJUNCTIVE RELIEF Pub. L. 93–153, § 408(a), (b), Nov. 16, 1973, 87 Stat. 591, provided that: ‘‘(a)(1) The Congress hereby finds that the investiga- tive and law enforcement responsibilities of the Fed- eral Trade Commission have been restricted and ham- pered because of inadequate legal authority to enforce subpenas and to seek preliminary injunctive relief to avoid unfair competitive practices. ‘‘(2) The Congress further finds that as a direct result of this inadequate legal authority significant delays have occurred in a major investigation into the legal- ity of the structure, conduct, and activities of the pe- troleum industry, as well as in other major investiga- tions designed to protect the public interest. ‘‘(b) It is the purpose of this Act [amending this sec- tion and sections 46, 53, and 56 of this title] to grant the Federal Trade Commission the requisite authority to insure prompt enforcement of the laws the Commission administers by granting statutory authority to di- rectly enforce subpenas issued by the Commission and to seek preliminary injunctive relief to avoid unfair competitive practices.’’ PURPOSE OF ACT JULY 14, 1952 Act July 14, 1952, ch. 745, § 1, 66 Stat. 631, provided: ‘‘That it is the purpose of this Act [amending this sec- tion] to protect the rights of States under the United States Constitution to regulate their internal affairs and more particularly to enact statutes and laws, and to adopt policies, which authorize contracts and agree- ments prescribing minimum or stipulated prices for the resale of commodities and to extend the minimum or stipulated prices prescribed by such contracts and agreements to persons who are not parties thereto. It is the further purpose of this Act to permit such statutes, laws, and public policies to apply to commodities, con- tracts, agreements, and activities in or affecting inter- state or foreign commerce.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 45a. Labels on products To the extent any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a ‘‘Made in the U.S.A.’’ or ‘‘Made in America’’ label, or the equivalent thereof, in order to represent that such product was in whole or substantial part of domestic origin, such label shall be consistent with decisions and orders of the Federal Trade Commission issued pursuant to section 45 of this title. This section only applies to such labels. Nothing in this section shall preclude the appli- cation of other provisions of law relating to la- beling. The Commission may periodically con- sider an appropriate percentage of imported components which may be included in the prod- uct and still be reasonably consistent with such decisions and orders. Nothing in this section shall preclude use of such labels for products that contain imported components under the label when the label also discloses such informa- tion in a clear and conspicuous manner. The Commission shall administer this section pursu- ant to section 45 of this title and may from time to time issue rules pursuant to section 553 of title 5 for such purpose. If a rule is issued, such violation shall be treated by the Commission as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or prac- tices. This section shall be effective upon publi- cation in the Federal Register of a Notice of the provisions of this section. The Commission shall publish such notice within six months after Sep- tember 13, 1994. (Pub. L. 103–322, title XXXII, § 320933, Sept. 13, 1994, 108 Stat. 2135.) Editorial Notes CODIFICATION Section was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994, and not as part of the Federal Trade Commission Act which com- prises this subchapter. § 45b. Consumer review protection (a) Definitions In this section: