Surviving an FTC Deposition: Preparation Tips

Surviving an FTC Deposition: Preparation Tips

The Federal Trade Commission (FTC) investigates unfair business practices. When the FTC sues a company, it will depose employees as witnesses.

Depositions are interviews under oath. A court reporter records everything said. The FTC lawyer asks questions to gather evidence.

FTC depositions can feel intimidating. But good preparation helps you stay calm and answer properly. Here are tips for surviving an FTC deposition.

Know the Investigation Details

Learn everything you can about the FTC investigation. This lets you prep for likely deposition topics, like:

• • What practices are under investigation?
  • What time period is the FTC looking at?
  • Who else is being deposed?

Review key documents, emails, reports, etc. Refresh your memory on relevant events.

Tell the Truth

Always tell the full truth at a deposition. Lying under oath is perjury. It can lead to criminal prosecution.

If you don’t recall something, just say so. Don’t guess or make up answers. Stick to facts you know for sure.

Listen Carefully to Questions

Pay close attention to the FTC lawyer’s questions. Pause after each one before answering. Make sure you understand what they are asking.

Don’t volunteer extra information beyond the question. Give concise, factual responses.

Review Company Policies

Brush up on all company policies related to the investigation. For example, review guidelines on:

• • Sales and marketing
  • Consumer privacy
  • Recordkeeping
  • Employee conduct

Knowing the policies helps you explain the company’s position.

Avoid Speculation

Only talk about what you personally did or saw. Don’t speculate about other people or activities.

If asked for your opinion, make clear you are just giving your individual view, not facts.

Bring Documents

Gather any documents that might help refresh your memory. Make copies to bring to the deposition.

Ask your lawyer if you should review documents before the deposition. Don’t bring anything you haven’t seen already.

Meet with Your Lawyer

Spend time prepping with your lawyer. Go over likely deposition topics and your company’s position.

Your lawyer can explain what to expect. They can coach you on giving clear, truthful responses.

Pause Before Answering

Don’t feel rushed to answer right away. It’s fine to pause and think for a few seconds.

Silence feels awkward but gives you time to frame a careful response. Your lawyer can also jump in if needed.

Correct Any Mistakes

If you realize you misspoke or your answer was unclear, correct it immediately. Just say something like:

“Let me clarify…” or “I want to correct my earlier statement…”

It’s always better to fix mistakes instead of leaving confusion in the record.

Take Breaks If Needed

Depositions usually last several hours. You can ask for a break if you need one. Just say:

“Could we take a short break?”

Breaks let you regroup, stretch your legs, consult your lawyer, etc.

Stay Calm

The FTC lawyer may ask confrontational questions to rattle you. Keep your cool no matter what.

Getting upset or angry looks bad and can cloud your thinking. Take a breath if you feel overwhelmed.

Don’t Guess

It’s fine to say “I don’t know” or “I can’t recall” if you truly don’t know the answer. Resist guessing or speculating.

Guesses get recorded as facts. “I don’t know” is better than giving a wrong answer.

Speak Clearly

Give clear verbal answers like “yes” or “no” instead of nodding or shaking your head. Speak loudly and face the court reporter.

Bad audio can make the transcript unusable. The court reporter will ask you to repeat mumbled answers.

Review Your Testimony

Get a copy of the deposition transcript after it’s typed up. Review it closely for any errors.

You can submit an errata sheet to correct factual mistakes. But you can’t materially change your testimony.

Going over your answers again helps prepare for trial. Your deposition may be used to question you in court.

How Lawyers Help

A good lawyer guides you through the entire deposition process. They:

• • Explain the procedures and ground rules
  • Object to inappropriate questions
  • Make speaking objections to clarify issues
  • Stop harassment or badgering by the FTC lawyer

Listen to your lawyer’s guidance at the deposition. Work as a team to get through it.

Common FTC Deposition Topics

FTC lawyers often focus on topics like:

• • Your job duties and responsibilities
  • Company policies and procedures you followed
  • Your involvement in activities under investigation
  • What you knew about any alleged wrongdoing
  • Internal communications regarding the issues
  • Interpretation of key documents, emails, reports
  • Your understanding of relevant laws and regulations

They want to gather facts about the company’s practices from your perspective. Be ready to explain your daily work activities.

How to Answer Tricky Questions

FTC lawyers may ask tricky questions to trip you up, like:

• • “Isn’t it true that…”
  • “Would you agree that…”
  • “Do you have any reason to dispute…”

Avoid just saying “yes” or “no.” Give a nuanced response explaining your position. You can disagree with the question’s assumptions.

If you don’t understand a convoluted question, ask for clarification. Don’t speculate about the meaning.

Mistakes to Avoid

Some common deposition mistakes to avoid:

• • Lying or exaggerating facts
  • Volunteering extra information
  • Answering too quickly without thinking
  • Arguing with the FTC lawyer
  • Saying you don’t recall when you really do
  • Getting defensive or angry

Answer only what is asked. Pause to frame careful responses. Keep emotions in check.

How Your Testimony Can Be Used

FTC lawyers use your deposition testimony to:

• • Identify other witnesses or evidence sources
  • Support or contradict witnesses
  • Refresh recollections of witnesses
  • Assess credibility of witnesses
  • Read into the court record at trial

Your words under oath become evidence. Conduct yourself professionally as if testifying in court.

After the Deposition

After it’s over:

• • Review the transcript carefully
  • Submit any corrections
  • Discuss the deposition with your lawyer
  • Continue preparing for trial

The FTC may also request a follow-up deposition if they have additional questions.

Get Legal Help

Navigating an FTC investigation is challenging. An experienced lawyer can guide you through the process.

They will represent your interests in settlement negotiations or at trial. Having skilled legal counsel on your side makes a big difference.