Notice2026-18853
Civil Penalty Inflation Adjustments
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
September 15, 2026
Effective
September 15, 2026
Issuing agencies
Federal Trade Commission
Abstract
In accordance with guidance from the Office of Management and Budget ("OMB"), the Federal Trade Commission ("FTC")'s civil penalty amounts will remain unchanged during 2026. The FTC will continue to apply the 2025 civil penalty levels.
Full Text
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<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Notices]
[Pages 58446-58447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18853]
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FEDERAL TRADE COMMISSION
Civil Penalty Inflation Adjustments
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: In accordance with guidance from the Office of Management and
Budget (``OMB''), the Federal Trade Commission (``FTC'')'s civil
penalty amounts will remain unchanged during 2026. The FTC will
continue to apply the 2025 civil penalty levels.
DATES: Effective September 15, 2026.
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 directs Federal
agencies to annually adjust each civil monetary penalty under their
jurisdiction for inflation pursuant to a cost-of-living adjustment.\1\
The cost-of-living adjustment is based on the percent change between
the U.S.
[[Page 58447]]
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.\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\ 28 U.S.C. 2461 note at (3), (5)(b).
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Under the FCPIAA, the OMB Director must annually provide agencies
with guidance on carrying out civil penalty inflation adjustments.\3\
On April 17, 2026, the OMB Director issued Memorandum M-26-11,
Cancellation of Penalty Inflation Adjustments for 2026, Regarding the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015, which stated that the inflation adjustment for 2026 was
cancelled. M-26-11 explained that due to the government shutdown, the
Bureau of Labor Statistics (``BLS'') was unable to produce the October
2025 CPI-U data, which is needed to make adjustments under the FCPIAA.
Therefore, M-26-11 announced that there would be no updated cost-of-
living adjustment multiplier for 2026 and that agencies would continue
using the 2025 civil monetary penalty amounts.
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\3\ Id. (7)(a).
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The FTC is publishing this notice to announce that no civil penalty
adjustments will be made in 2026. The FTC will continue to apply the
2025 penalty levels.\4\
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\4\ See 16 CFR 1.98.
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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. Because this notice does not amend
regulatory text, prior public notice and comment under the
Administrative Procedure Act and a delayed effective date are not
required. The requirements of the Regulatory Flexibility Act (``RFA'')
do not apply.\5\ In addition, this notice 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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\5\ 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.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2026-18853 Filed 9-14-26; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on September 15, 2026.
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.