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FTC Ohlhausen Makes Process Changes to Consumer Protection Bureau Investigations

Acting FTC Chairman Maureen Ohlhausen announced several changes to how the Bureau of Consumer Protection will conduct investigations in an effort to speed up information requests and enhance transparency, the commission said in a Monday news release. They will "reduce…

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unnecessary and undue burdens" of probes but not affect consumer protection, Ohlhausen said. The changes are: (1) providing "plain language descriptions" of the "civil investigative demand" process, which is an investigation into possible unfair or deceptive acts or processes at an organization; (2) developing materials to help small businesses better comply; providing a more detailed scope and purpose of an investigation for companies, if appropriate; (3) limiting "relevant time periods" to lessen burdens on companies and reducing the length and complexity of instructions to provide electronically stored data, where appropriate; and (4) increasing the time for recipients to respond. The FTC said the changes were made in part after concerns were raised by congressional lawmakers and by a report from the American Bar Association Antitrust Section on investigational burdens to companies.