Acting FTC Chairman Announces Several Internal Process Reforms for Civil Investigative Demands

On July 17, 2017, the Acting FTC Chairman Maureen K. Ohlhausen announced several internal process reforms to address problem areas in Civil Investigative Demands (“CIDs”) in consumer protection cases. These reforms include: (1) providing plain language descriptions of the CID process and developing educational materials geared toward small businesses on how to comply; (2) simplifying the description of the scope and purpose of investigations; (3) where appropriate, limiting the relevant time periods; (4) where appropriate, reducing the length and complexity of CID instructions for providing electronically stored data; and (5) where appropriate, increasing response times for CIDs. The FTC intends to continue communicating with investigation targets regarding the status of the investigation at least every six months after the investigative targets comply with the CID.

In addition to these internal process reforms, the FTC continues to consider other changes to alleviate the investigational burdens on legitimate companies in response to concerns raised by Members of Congress and the American Bar Association Antitrust Section’s Presidential Transition Report.