Rule2024-00301
Adjustments to Civil Penalty Amounts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 10, 2024
Effective
January 10, 2024
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission ("FTC" or "Commission") is implementing adjustments to the civil penalty amounts within its jurisdiction to account for inflation, as required by law.
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Rules and Regulations]
[Pages 1445-1447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00301]
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FEDERAL TRADE COMMISSION
16 CFR Part 1
Adjustments to Civil Penalty Amounts
AGENCY: Federal Trade Commission.
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
implementing adjustments to the civil penalty amounts within its
jurisdiction to account for inflation, as required by law.
[[Page 1446]]
DATES: Effective January 10, 2024.
FOR FURTHER INFORMATION CONTACT: Marie Choi, Attorney (202-326-3368),
Office of the General Counsel, Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act Improvements Act (``FCPIAA'') of 2015 \1\ directs
agencies to adjust the civil penalty maximums under their jurisdiction
for inflation every January. Accordingly, the Commission issues annual
adjustments to the maximum civil penalty amounts under its
jurisdiction.\2\
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\1\ Public Law 114-74, 701, 129 Stat. 599 (2015). The Act amends
the Federal Civil Penalties Inflation Adjustment Act, Public Law
101-410, 104 Stat. 890 (codified at 28 U.S.C. 2461 note).
\2\ 81 FR 42476 (2016); 82 FR 8135 (2017); 83 FR 2902 (2018); 84
FR 3980 (2019), 85 FR 2014 (2020); 86 FR 2539 (2021); 87 FR 1070
(2022); 88 FR 1499 (2023).
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Commission Rule 1.98 sets forth the applicable civil penalty
amounts for violations of certain laws enforced by the Commission.\3\
As directed by the FCPIAA, the Commission is issuing adjustments to
increase these maximum civil penalty amounts to address inflation since
its prior 2023 adjustment. The following adjusted amounts will take
effect on January 10, 2024:
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\3\ 16 CFR 1.98.
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<bullet> Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)
(premerger filing notification violations under the Hart-Scott-Rodino
Improvements Act)--Increase from $50,120 to $51,744;
<bullet> Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)
(violations of cease and desist orders issued under Clayton Act section
11(b))--Increase from $26,628 to $27,491;
<bullet> Section 5(l) of the FTC Act, 15 U.S.C. 45(l) (unfair or
deceptive acts or practices)--Increase from $50,120 to $51,744;
<bullet> Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)
(unfair or deceptive acts or practices)--Increase from $50,120 to
$51,744;
<bullet> Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)
(unfair or deceptive acts or practices)--Increase from $50,120 to
$51,744;
<bullet> Section 10 of the FTC Act, 15 U.S.C. 50 (failure to file
required reports)--Increase from $659 to $680;
<bullet> Section 5 of the Webb-Pomerene (Export Trade) Act, 15
U.S.C. 65 (failure by associations engaged solely in export trade to
file required statements)--Increase from $659 to $680;
<bullet> Section 6(b) of the Wool Products Labeling Act, 15 U.S.C.
68d(b) (failure by wool manufacturers to maintain required records)--
Increase from $659 to $680;
<bullet> Section 3(e) of the Fur Products Labeling Act, 15 U.S.C.
69a(e) (failure to maintain required records regarding fur products)--
Increase from $659 to $680;
<bullet> Section 8(d)(2) of the Fur Products Labeling Act, 15
U.S.C. 69f(d)(2) (failure to maintain required records regarding fur
products)--Increase from $659 to $680;
<bullet> Section 333(a) of the Energy Policy and Conservation Act,
42 U.S.C. 6303(a) (knowing violations of EPCA Sec. 332, including
labeling violations)--Increase from $542 to $560;
<bullet> Section 525(a) of the Energy Policy and Conservation Act,
42 U.S.C. 6395(a) (recycled oil labeling violations)--Increase from
$26,628 to $27,491;
<bullet> Section 525(b) of the Energy Policy and Conservation Act,
42 U.S.C. 6395(b) (willful violations of recycled oil labeling
requirements)--Increase from $50,120 to $51,744;
<bullet> Section 621(a)(2) of the Fair Credit Reporting Act, 15
U.S.C. 1681s(a)(2) (knowing violations of the Fair Credit Reporting
Act)--Increase from $4,705 to $4,857;
<bullet> Section 1115(a) of the Medicare Prescription Drug
Improvement and Modernization Act of 2003, Public Law 108-173, as
amended by Public Law 115-263, 21 U.S.C. 355 note (failure to comply
with filing requirements)--Increase from $17,719 to $18,293; and
<bullet> Section 814(a) of the Energy Independence and Security Act
of 2007, 42 U.S.C. 17304 (violations of prohibitions on market
manipulation and provision of false information to federal agencies)--
Increase from $1,426,319 to $1,472,546.
Calculation of Inflation Adjustments
The FCPIAA, as amended, directs federal agencies to adjust each
civil monetary penalty under their jurisdiction for inflation in
January of each year pursuant to a cost-of-living adjustment.\4\ The
cost-of-living adjustment is based on the percent change between the
U.S. Department of Labor's Consumer Price Index for all-urban consumers
(``CPI-U'') for the month of October preceding the date of the
adjustment, and the CPI-U for October of the prior year.\5\ Based on
that formula, the cost-of-living adjustment multiplier for 2024 is
1.03241. The FCPIAA also directs that these penalty level adjustments
should be rounded to the nearest dollar. Agencies do not have
discretion over whether to adjust a maximum civil penalty, or the
method used to determine the adjustment.
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\4\ 28 U.S.C. 2461 note at (4).
\5\ Id. (3), (5)(b); Office of Management and Budget, Memorandum
M-24-07, Implementation of Penalty Inflation Adjustments for 2024
(December 19, 2023), available at: <a href="https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf">https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf</a>.
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The following chart illustrates the application of these
adjustments to the civil monetary penalties under the Commission's
jurisdiction.
Calculation of Adjustments to Maximum Civil Monetary Penalties
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2024 Penalty level
Citation Description 2023 Penalty Adjustment (rounded to the
level multiplier nearest dollar)
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16 CFR 1.98(a): 15 U.S.C. 18a(g)(1).. Premerger filing $50,120 1.03241 $51,744
notification violations.
16 CFR 1.98(b): 15 U.S.C. 21(l)...... Violations of cease and 26,628 1.03241 27,491
desist orders.
16 CFR 1.98(c): 15 U.S.C. 45(l)...... Unfair or deceptive acts 50,120 1.03241 51,744
or practices.
16 CFR 1.98(d): 15 U.S.C. 45(m)(1)(A) Unfair or deceptive acts 50,120 1.03241 51,744
or practices.
16 CFR 1.98(e): 15 U.S.C. 45(m)(1)(B) Unfair or deceptive acts 50,120 1.03241 51,744
or practices.
16 CFR 1.98(f): 15 U.S.C. 50......... Failure to file required 659 1.03241 680
reports.
16 CFR 1.98(g): 15 U.S.C. 65......... Failure to file required 659 1.03241 680
statements.
16 CFR 1.98(h): 15 U.S.C. 68d(b)..... Failure to maintain 659 1.03241 680
required records.
16 CFR 1.98(i): 15 U.S.C. 69a(e)..... Failure to maintain 659 1.03241 680
required records.
16 CFR 1.98(j): 15 U.S.C. 69f(d)(2).. Failure to maintain 659 1.03241 680
required records.
16 CFR 1.98(k): 42 U.S.C. 6303(a).... Knowing violations...... 542 1.03241 560
16 CFR 1.98(l): 42 U.S.C. 6395(a).... Recycled oil labeling 26,628 1.03241 27,491
violations.
16 CFR 1.98(l): 42 U.S.C. 6395(b).... Willful recycled oil 50,120 1.03241 51,744
labeling violations.
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16 CFR 1.98(m): 15 U.S.C. 1681s(a)(2) Knowing violations...... 4,705 1.03241 4,857
16 CFR 1.98(n): 21 U.S.C. 355 note... Non-compliance with 17,719 1.03241 18,293
filing requirements.
16 CFR 1.98(o): 42 U.S.C. 17304...... Market manipulation or 1,426,319 1.03241 1,472,546
provision of false
information to federal
agencies.
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Effective Dates of New Penalties
These new penalty levels apply to civil penalties assessed after
the effective date of the applicable adjustment, including civil
penalties whose associated violation predated the effective date.\6\
These adjustments do not retrospectively change previously assessed or
enforced civil penalties that the FTC is actively collecting or has
collected.
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\6\ 28 U.S.C. 2461 note at (6).
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Procedural Requirements
The FCPIAA, as amended, directs agencies to adjust civil monetary
penalties through rulemaking and to publish the required inflation
adjustments in the Federal Register, notwithstanding section 553 of
title 5 in the United States Code. Pursuant to this congressional
mandate, prior public notice and comment under the APA and a delayed
effective date are not required. For this reason, the requirements of
the Regulatory Flexibility Act (``RFA'') also do not apply.\7\ Further,
this rule does not contain any collection of information requirements
as defined by the Paperwork Reduction Act of 1995 as amended. 44 U.S.C.
3501 et seq.
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\7\ A regulatory flexibility analysis under the RFA is required
only when an agency must publish a notice of proposed rulemaking for
comment. See 5 U.S.C. 603.
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Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).
List of Subjects for 16 CFR Part 1
Administrative practice and procedure, Penalties, Trade practices.
Text of Amendments
For the reasons set forth in the preamble, the Federal Trade
Commission amends 16 CFR part 1 as follows:
PART 1--GENERAL PROCEDURES
Subpart L--Civil Penalty Adjustments Under the Federal Civil
Penalties Inflation Adjustment Act of 1990, as Amended
0
1. The authority citation for subpart L continues to read as follows:
Authority: 28 U.S.C. 2461 note.
0
2. Revise Sec. 1.98 to read as follows:
Sec. 1.98 Adjustment of civil monetary penalty amounts.
This section makes inflation adjustments in the dollar amounts of
civil monetary penalties provided by law within the Commission's
jurisdiction. The following maximum civil penalty amounts apply only to
penalties assessed after January 10, 2024, including those penalties
whose associated violation predated January 10, 2024.
(a) Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)--
$51,744;
(b) Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)--$27,491;
(c) Section 5(l) of the FTC Act, 15 U.S.C. 45(l)--$51,744;
(d) Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)--
$51,744;
(e) Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)--
$51,744;
(f) Section 10 of the FTC Act, 15 U.S.C. 50--$680;
(g) Section 5 of the Webb-Pomerene (Export Trade) Act, 15 U.S.C.
65--$680;
(h) Section 6(b) of the Wool Products Labeling Act, 15 U.SC.
68d(b)--$680;
(i) Section 3(e) of the Fur Products Labeling Act, 15 U.S.C.
69a(e)--$680;
(j) Section 8(d)(2) of the Fur Products Labeling Act, 15 U.S.C.
69f(d)(2)--$680;
(k) Section 333(a) of the Energy Policy and Conservation Act, 42
U.S.C. 6303(a)--$560;
(l) Sections 525(a) and (b) of the Energy Policy and Conservation
Act, 42 U.S.C. 6395(a) and (b), respectively--$27,491 and $51,744,
respectively;
(m) Section 621(a)(2) of the Fair Credit Reporting Act, 15 U.S.C.
1681s(a)(2)--$4,857;
(n) Section 1115(a) of the Medicare Prescription Drug Improvement
and Modernization Act of 2003, Public Law 108-173, as amended by Public
Law 115-263, 21 U.S.C. 355 note--$18,293;
(o) Section 814(a) of the Energy Independence and Security Act of
2007, 42 U.S.C. 17304--$1,472,546; and
(p) Civil monetary penalties authorized by reference to the Federal
Trade Commission Act under any other provision of law within the
jurisdiction of the Commission--refer to the amounts set forth in
paragraphs (c), (d), (e) and (f) of this section, as applicable.
By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2024-00301 Filed 1-9-24; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on January 10, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.