Notice is Served: Implications of the FTC’s Penalty Offense Authority
On October 6, 2021, the Federal Trade Commission announced that seventy for-profit institutions of higher education would be receiving a Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct in the Education Marketplace (even though the FTC has made no assessment of wrongdoing against those institutions). The FTC has not used this enforcement tool in many years. During this webinar, attorneys from Powers Law will discuss why the FTC has chosen to use this tool now, and explain the due process available to institutions. As the FTC has put institutions on “notice” regarding allegedly prohibited conduct, we will provide detail regarding the acts and practices that the FTC has previously determined to be illegal. Finally, we will provide real-world recommendations to help ensure the FTC will have no reason to assess penalties.