How to Obtain Your FTC Investigative File

How to Get Your FTC Investigative File

So the FTC is investigating you or your company. That can be scary and confusing. Don’t worry, this article will walk you through how to get a copy of your FTC investigative file. I’ll explain it in simple terms, without any legal jargon.

What is an FTC Investigative File?

When the FTC – short for the Federal Trade Commission – investigates a company or person, they create a file with all the information they collect. This includes documents they get from the company, research they do, and records of interviews they conduct. The file has everything the FTC uses to decide if there’s wrongdoing or not.

Why Would I Want the File?

There’s a few good reasons to get your hands on the investigative file:

• See what evidence the FTC has collected on you
• Understand the focus of the investigation
• Identify any weak points in the FTC’s case
• Get a sense of how strong their case is against you
• Prepare your defense strategy

Basically, it allows you to see their hand before you play yours. The file gives you inside information you can use to protect yourself or your company.

How Do I Request My FTC File?

Requesting your FTC investigative file is done through something called a FOIA request. FOIA stands for Freedom of Information Act. It’s a law that allows people to request files from government agencies.

Here are the steps to request your FTC investigative file:

1. Write a formal letter requesting your file under the Freedom of Information Act (FOIA)
2. Include your full name, address, and contact information
3. Clearly describe the records you want – your FTC investigative file
4. Print and sign the letter
5. Mail it to the FTC FOIA office:

FOIA Request
Federal Trade Commission
Office of General Counsel
600 Pennsylvania Ave NW
Washington, DC 20580

You can also submit your FOIA request online through the FTC website. Just fill out the online form with your info and file request.

What Happens After I Submit My Request?

After you submit your FOIA request, here’s the basic process:

1. The FTC logs and reviews your request
2. They search for and pull your investigative file
3. Someone reviews the file to see if anything is confidential or privileged and needs to be redacted
4. The FTC sends you a letter with their decision to provide the records or not
5. If approved, you receive a copy of your investigative file (may be paper or electronic)

The FTC has 20 business days to respond with their decision on your request. Sometimes it takes longer if they have a backlog of requests.

What If My Request Is Denied?

The FTC may deny your request for records or redact parts of your file. Common reasons for denial include:

• The investigation is still open – they can’t release records from an open case
• The records contain confidential business information
• The records would invade someone’s personal privacy

If your request gets denied, don’t panic. You can file an appeal by writing a letter to the FTC General Counsel explaining why you believe the records should be released. The General Counsel will take another look at your request and make a final decision.

How Much Does It Cost to Get My File?

The FTC charges fees to process FOIA requests and provide copies of records. The costs include:

• Search time – $4.45 per 15 minutes to search for records
• Review time – $4.45 per 15 minutes to review and redact records
• Copying – 10 cents per page (paper copies)
• Mailing – cost of postage to mail you the files

If the total fees are less than $25, you won’t be charged at all. Most simple requests don’t cost anything. But for large investigative files, the fees can add up quickly.

The FTC will let you know the estimated fees in their initial response letter. You have the option to modify your request to lower costs.

How Long Does it Take to Get My Records?

After the FTC approves your request, it usually takes 1-3 weeks to get a copy of your investigative file. But it can take longer for complex cases with lots of records.

The FTC is required by law to respond within 20 business days. But they often request extensions. It’s not unusual for it to take 2-3 months to get your file.

What Format Do I Get the Records In?

You can request to get your investigative file on paper or in electronic format. For paper, you’ll receive photocopies of the records mailed to you. For electronic, they will put the records on a CD/DVD disc and mail it.

Electronic format is cheaper since there’s no photocopying costs. But not all original records are kept electronically. Let the FTC know your preferred format in your FOIA request.

Can I Get Updates on My Request?

Yes, you can contact the FTC FOIA office to check the status of your request. Call them at (202) 326-2430 or email FOIA@FTC.gov. They can provide updates on where your request is in the process.

You’ll get better updates if you have your FOIA request number handy. This is assigned when you first submit the request.

What If I Have More Questions?

The FTC FOIA office is very helpful if you have any other questions:

• Phone: (202) 326-2430
• Email: FOIA@FTC.gov
• Fax: (202) 326-3384
• Mail: Federal Trade Commission, Office of General Counsel, 600 Pennsylvania Ave NW, Washington, DC 20580

You can also check out the FTC’s FOIA frequently asked questions for more info.

Getting your FTC investigative file takes patience and perseverance. But it provides valuable information to protect your interests. With this guide, you now know the process. Just submit your FOIA request and stay on top of it.