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What to Do if You Disagree With the Premise of an FTC Civil Investigative Demand

March 21, 2024 Uncategorized

What to Do If You Disagree With an FTC Civil Investigative Demand

Receiving a civil investigative demand (CID) from the Federal Trade Commission can feel intimidating. You may disagree with the premise of the investigation or feel the requests are overly broad. Fortunately, you have options.

Understand the Investigation

The first step is to understand why you received the CID. The FTC attorney listed on the CID can explain the nature and purpose of the investigation if you ask. This context will help you determine the best response strategy 4.

You can also ask questions during the mandatory “meet and confer” within 14 days of receiving the CID. The FTC may narrow the scope based on your feedback 1.

Seek Legal Counsel

Engaging an attorney experienced with FTC investigations is highly recommended when responding to a CID 9.

 They can advise if grounds exist to file a petition to limit or quash the CID 4 15.
An attorney can also represent you if the FTC requests oral testimony. You have the right to have counsel present and receive transcripts 24.

Request an Extension

If meeting the CID deadline seems unrealistic, you can request an extension from the FTC 8.

 Explain precisely why more time is needed and how much additional time is necessary 24.
 Extensions are often granted for reasonable requests.

Comply Completely

The FTC expects full compliance with CIDs. If you fail to comply, they may file a federal court action to enforce the demand 5 18. 

Non-compliance can lead to significant penalties.Work diligently towards complete, good faith compliance, even if disagreements remain over certain aspects. Your attorney can help craft responses that demonstrate cooperation without concession 4.

Seek Judicial Intervention

In some circumstances, you may be able to seek court intervention regarding specific aspects of a CID. However, courts generally defer to the FTC’s broad investigative authority 24.

 Consult experienced counsel to determine if a petition to modify or set aside the CID is viable.By understanding the investigation, securing legal counsel, requesting extensions as needed, working towards complete compliance, and selectively seeking court intervention, you can respond appropriately even if disagreements exist over a CID’s premise or scope.

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