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How to Obtain Your FTC Investigative File and Records

How to Obtain Your FTC Investigative File and Records

So, you want to get your hands on records the Federal Trade Commission (FTC) has about you or your company? It’s your right under the Freedom of Information Act (FOIA) and Privacy Act (PA) to request access to federal agency records, including investigative files.The process is pretty straightforward, but there are some steps you need to take to make sure your request is properly handled. This article will walk you through everything you need to know to successfully obtain your FTC documents.

What is the Freedom of Information Act?

The FOIA allows any person to request records from federal agencies like the FTC. It was passed in 1966 to increase transparency and accountability in government. FOIA established the right for Americans to access federal agency documents unless they fall under one of nine exemptions.So FOIA gives you the right to get records, reports, audits, documents, papers, recommendations, and more from federal agencies. This includes your FTC investigative files, unless they contain information that is exempt from disclosure.

What is exempt from FOIA?

Some types of information can be withheld under the nine FOIA exemptions. This includes:

• Classified national defense or foreign policy info
• Internal personnel rules and practices
• Information that would violate personal privacy
• Trade secrets or confidential commercial/financial info
• Privileged communications within or between agencies
• Information which could endanger someone’s life or physical safety

So the FTC can refuse to disclose parts of your investigative file if it contains any of those protected types of info. But they must give you any reasonably segregable non-exempt portions.

How do I make a FOIA request to the FTC?

Luckily, requesting your FTC documents through FOIA is pretty easy. You can submit your FOIA request to the FTC by:

• Filling out an online request form
• Faxing a request to 202-326-2477
• Mailing a request to:

Your request should include:

• Your full name, mailing address, and contact phone number
• A clear description of the FTC records you want
• Your preferred format for the records (paper, electronic)

You can also specify if you want to expedite your request or get a fee waiver. We’ll cover those options later.

How do I request my FTC investigative files?

To get your specific FTC investigative records, your request should clearly state that you want “all records about me” or “all records that mention my name.”Be sure to include your full legal name. You can also provide any other identifying details like your date of birth, Social Security Number, or time period of the investigation.The more specific you can be, the better. It will help the FTC identify and locate your records.

How long does it take to get FTC records?

After receiving your request, the FTC has 20 business days to make a determination. They will inform you if your request is approved or denied.If approved, you will receive another letter with details on any fees and the expected delivery date. It typically takes about 1 month to receive your first set of records.The FTC may claim a 10 day extension if they need more time to process your complex request. You can also work with the FOIA office to modify or narrow your request if needed.

Are there fees for FTC FOIA requests?

The FTC does not charge a fee for requests under 100 pages. For larger requests, they may charge $0.10 per page for photocopying after the first 100 pages.You can request a fee waiver if the records are in the public interest. Fee waivers are often granted for individuals requesting their own files.If fees exceed $25, the FTC will notify you with an invoice. They may require payment before sending your records. FTC accepts payment by check or money order.

How can I expedite my FTC request?

You can request expedited processing if there is an urgent need for the records. For example, if the records relate to an imminent threat to someone’s life or physical safety.To request expedited processing, explain in your FOIA request why you need the records urgently. The FTC will notify you if your request for expedited processing is approved or denied.If approved, the FTC must process your request ahead of others. You can expect to receive expedited records in 2-3 weeks.

What if my request is denied?

If your request is denied in full or in part, the FTC must explain why. You will receive a written notice explaining which FOIA exemptions they are claiming to withhold records.If you disagree with the FTC’s decision, you can file an administrative appeal. Your appeal letter should explain what records you want and why the denial was improper.Submit appeal letters within 90 days to:

How do I request FTC records about another person?

To protect privacy, the FTC has special procedures for requesting records about specific individuals under the Privacy Act.You will need to provide a notarized authorization from the person allowing the FTC to disclose their records to you. And verify your legal identity.For businesses, you can request records about a company without special authorization.

Can I visit the FTC to view files?

Absolutely! The FTC has a public FOIA reading room you can visit to view and copy many FTC records free of charge. No need to submit a formal request.The FTC reading room is located at:

Call 202-326-2430 to schedule an appointment to visit the reading room. Some documents must be reviewed on-site and cannot be removed.

What if I have a complaint about the FTC’s handling of my request?

If you have any issues with how the FTC processed your FOIA/PA request, you can contact the FOIA Public Liaison for assistance:FOIA Public Liaison
Office of the General Counsel
Federal Trade Commission
600 Pennsylvania Ave NW
Washington, DC 20580
202-326-2430You can also submit a complaint through the FOIA Public Liaison Contact Form on the FTC website.If the FTC fails to respond to your request within the time limits, you can file a lawsuit in federal court. But it’s best to work with the FOIA Public Liaison to resolve any issues first.

Key Takeaways

• You have the right under FOIA/PA to request your FTC records. Just submit a written request.
• Be sure to describe the specific records you want, like “my investigative files.”
• Processing normally takes about 1 month but can be expedited for urgent needs.
• Fees may apply after the first 100 pages but are often waived.
• Visit the FTC reading room to view files in-person without submitting a request.
• Work with the FOIA Public Liaison if you have any problems with your request.

So in summary, obtaining your FTC records is very doable if you follow the proper procedures. FOIA provides an important tool for transparency. With a well-crafted request, you can get access to the FTC documents you need.