Specifies the enforcement provisions for violations of the Act by the Federal Trade Commission, including penalties and privileges.
Definition
Excerpt
(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.
(c) Authority preserved
Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
Related cases
Vonage was held liable by the court for charging customers without their consent, failure to provide required disclosures, and not offering simple mechanisms for customers to cancel their telephone services.
ABCmouse agreed to pay $10 million and change its marketing and billing practices after the FTC found it misled consumers about cancellations, withheld information and charged memberships without consent.
MyLife.com was held liable for luring consumers in hard-to-cancel subscription programs and deceptive billing practices.
Related deceptive patterns
The user finds it easy to sign up or subscribe, but when they want to cancel they find it very hard.
The user is unknowingly enrolled in a recurring subscription or payment plan without clear disclosure or their explicit consent.
The user is enticed with a low advertised price. After investing time and effort, they discover unexpected fees and charges when they reach the checkout.