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Challenging Overly Broad FTC Document Requests

March 21, 2024 Uncategorized

 

Challenging Overly Broad FTC Document Requests

When the Federal Trade Commission issues a civil investigative demand (CID) or subpoena during an investigation, the requests for information can sometimes be overly broad or unduly burdensome. Companies being investigated have the right to challenge requests that seem unreasonable in scope or relevance. Here’s an overview of strategies for challenging broad FTC document requests.

File a Petition to Limit or Quash

The first step is usually to file a petition to limit or quash the CID with the FTC Commissioner. This challenges the validity of the request and asks to narrow or eliminate certain portions. Grounds for filing a petition include the scope being overly broad, undue burden in complying, or requests outside the stated purpose of the investigation.

When filing the petition, it’s important to clearly specify the problematic portions of the request and explain why they are unreasonable. Supporting case law, previous FTC decisions, and affidavits can strengthen the arguments. Focus on the burden in terms of time, cost, and business impact required to comply.

Negotiate the Scope

Before going to court over a dispute, it’s worth reaching out to the FTC investigator or attorney handling the matter. Explain concerns over broad requests and propose ways to narrow the scope that still provide information relevant to their inquiry. This gives the FTC a chance to modify the requests and avoid litigation.

Negotiations may result in agreeing to produce a subset of documents, sampling data, or limiting the date ranges. If certain categories are less critical, the FTC may agree to drop them entirely. Clarifying definitions and terms can also help reduce ambiguity leading to overbroad interpretations.

Seek Judicial Review

If petitions and negotiations fail to limit unreasonable requests, the next step is seeking judicial review and relief. Under the FTC Act, a company can file a petition in federal district court asking the court to modify or set aside a CID. The standard of review is whether the inquiry is within the FTC’s authority and the requests are reasonable.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Courts will generally defer to the FTC’s discretion, so the burden is fairly high to prove the requests are truly excessive or irrelevant. Thorough explanations and specific examples are needed to convince a judge. Affidavits from compliance experts can demonstrate burden. Prior FTC decisions limiting similar requests can show unreasonableness.

Make Specific Objections

When producing documents in response to an FTC request, make specific objections to overly broad portions. Simply asserting a category is broad or burdensome is generally insufficient — detail the reasons in each objection.

For example, object to date ranges that encompass too long a period or activities beyond the stated scope. Explain how certain technical definitions make requests ambiguous or capture non-relevant materials. Provide statistics like number of custodians, systems, or data volume to demonstrate burden.

Offer Alternatives

Rather than just objecting, propose alternative scopes that serve the FTC’s needs while reducing the burden. Examples include offering particular date restrictions, subset of products, and sampling data rather than everything. Suggest ways documents can be narrowed using search terms, custodians, or data sources.

Being constructive shows a willingness to cooperate and good faith efforts to reach a reasonable compromise. It also gives the FTC options to still get information it needs without overbroad requests.

Consider Privilege and Confidentiality

While producing documents, ensure privileged materials like attorney-client communications or trade secrets are withheld from broad requests. Provide privilege logs detailing what is being held back and the grounds for each claim of privilege. Get confidentiality agreements in place if producing sensitive business information.

Stay Organized

Managing challenges to FTC requests takes extensive organization. Keep detailed records of objections raised, petitions filed, negotiations held, offers made, and any modifications agreed to. Track hours spent compiling materials and affadavits demonstrating burden. Keep evaluating for reasonableness as information is gathered.

With good preparation, companies can push back against FTC overreach while still cooperating with legitimate investigative needs. Though the FTC wields significant power, checks and balances allow protecting against undue burden from overly broad requests.

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