Fair Competition Counseling and Investigation of Complaints
Published on AidPage by IDILOGIC
on Jun 24, 2005
Purpose of this program:
To prevent business practices that are anticompetitive or deceptive or unfair to consumers; to enhance informed consumer choice and public understanding of the competitive process; and to accomplish these missions without unduly burdening legitimate business activity.
Possible uses and use restrictions...
To prevent consumer fraud and deception, anticompetitive mergers, and unfair and other anticompetitive business practices in the marketplace.
Who is eligible to apply...
Assistance is available to the general public.
Complaints must contain facsimiles of questioned advertising, labeling or other practice, or a summary of any oral misrepresentation involved, together with name and address of the alleged offender.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
Send complaint to FTC. Questionable local practices should be referred to State or local authorities.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
This program is excluded from coverage under E.O. 12372.
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Advisory Services and Counseling
Programs which provide Federal specialists to consult, advise, or counsel communities or individuals to include conferences, workshops, or personal contacts. This may involve the use of published information, but only in a secondary capacity.
Investigation of Complaints
Federal administrative agency activities that are initiated in response to requests, either formal or informal, to examine or investigate claims of violations of Federal statutes, policies, or procedure. The origination of such claims must come from outside the Federal government.
How much financial aid...
Range and Average of Financial Assistance
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
(Salaries and Expenses) FY 02 $155,534,900; FY 03 est $176,552,700; and FY 04 est $191,132,000.
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
10.155, Marketing Agreements and Orders; 10.800, Livestock, Meat and Poultry Market Supervision; 39.009, Federal Consumer Information Center; 58.001, Securities--Investigation of Complaints and SEC Information; 59.009, Procurement Assistance to Small Businesses.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
Investigations initiated (formal): Fiscal year 2002, 546; 2003 est. 573; and 2004 est. 602. Investigations completed or closed: Fiscal year 2002, 391; 2003 est. 411; and 2004 est. 431; Orders to cease and desist issued: Fiscal year 2002, 27; 2003 est. 28; and 2004 est. 30; Trade regulation rules and guides promulgated or amended: Fiscal year 2002, 3; 2003 est. 3; and 2004 est. 3.
Criteria for selecting proposals...
Length and Time Phasing of Assistance
Formula and Matching Requirements
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Federal Trade Commission Act of 1914, 15 U.S.C. 41- 58, 1988 and Supp. IV 1992, as amended; Clayton Act; Export Trade Act; Packers and Stockyards Act of 1921, as amended; Wool Products Labeling Act; Fur Products Labeling Act; Textile Fiber Products Identification Act; Fair Packaging and Labeling Act; Lanham Trade-Mark Act; Truth-in-Lending Act; Federal Cigarette Labeling and Advertising Act; Fair Credit Reporting Act; Hobby Protection Act of 1973; Deepwater Port Act; Magnuson-Moss Warranty-Federal Trade Commission Improvement Act; Equal Credit Opportunity Act; Energy Policy and Conservation Act of 1975; Consumer Leasing Act; Defense Production Act of 1950, as amended; Hart-Scott-Rodino Antitrust Improvement Act; Fair Debt Collection Practices Act; Petroleum Marketing Practices Act of 1978; Outer Continental Shelf Lands Act Amendments of 1978; Electronic Funds Transfer Act; National Energy Conservation Policy Act of 1978; Deep Seabed Hard Minerals Act; Shipping Act of 1984, as amended; National Cooperative Research Act of 1984; Comprehensive Smokeless Tobacco Health Education Act of 1986; Telephone Disclosure and Dispute Resolution Act of 1992; Telemarketing and Consumer Fraud and Abuse Prevention Act 1994; Children's Online Privacy Protection Act 1998; Identity Theft Assumption and Deterrence Act of 1998; Gramm-Leach Bliley Act 1999; College Scholarship Fraud Prevention Act of 2000; Crimes Against Charitable Americans Act of 2001; Home Equity Loan Consumer Protection Act of 1988; Home Ownership and Equity Protection Act of 1994; Credit Repair Organizations Act of 1996; Dolphin Protection Consumer Information Act of 1990; Violent Crime Control and Law Enforcement Act of 1994; Do-Not-Call Implementation Act of 2003.
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
A list of publications is available by writing the Federal Trade Commission, 600 Pennsylvania Ave., NW., Washington, DC 20580. Publications are available in local Depository Libraries or by using our Web Site Address: http://www.ftc.gov/.
Regional Or Local Office
Persons are encouraged to communicate with the local FTC Regional Director: 10877 Wilshire Blvd., Suite 700, Los Angeles, CA 90024. Telephone: (310) 824-4343; Use the same number for FTS; 901 Market St., Suite 570, San Francisco, CA 94103. Telephone: (415) 356-5270; Use the same number for FTS; Suite 5M35, Midrise Bldg., 60 Forsyth St., SW, Atlanta, GA 30303. Telephone: (404) 656-1390; Use the same number for FTS; 55 E. Monroe St., Suite 1860, Chicago, IL 60603-5701. Telephone: (312) 960-5634; Use the same number for FTS; 150 William St., Suite 1300, New York, NY 10038. Telephone: (212) 264-8290; Use the same number for FTS; Eaton Center, Suite 200, 1111 Superior Ave., Cleveland, OH 44114-2507. Telephone: (216) 263-3455; Use the same number for FTS; 1999 Bryan St., Suite 2150, Dallas, TX 75201-6808. Telephone: (214) 979-9350; 2806 Federal Bldg., 915 Second Ave., Suite 2896, Seattle, WA 98174. Telephone: (206) 220-6350; Use the same number for FTS.
This section lists the agency contact person, address and telephone number of the Federal Regional or Local Office(s)
to be contacted for detailed information regarding a program such as:
(1) current availability of funds and the likelihood of receiving assistance within a given period;
(2) pre-application and application forms required;
(3) whether a pre-application conference is recommended;
(4) assistance available in preparation of applications;
(5) whether funding decisions are made at the headquarters, regional or local level;
(6) application renewal procedures (including continuations and supplementals) or appeal procedures for rejected applications; and
(7) recently published program guidelines and material.
However, for most federal programs, this section will instruct the reader to consult the so-called
Appendix IV of the Catalog due to the large volume of Regional and Local Office Contacts for most agencies.
This information is provided in Additional Contact Information (see below).
Consumer Protection Matters: Director, Bureau of Consumer Protection. Telephone: (202) 326-3430. Restraint of Trade Matters: Director, Bureau of Competition. Telephone: (202) 326- 2932. Both are in the Federal Trade Commission Building, 600 Pennsylvania Avenue, NW., Washington, DC 20580.
This section lists names and addresses of the office at the headquarters level with direct operational responsibility for managing a program. A telephone number is provided in cases where a Regional or Local Office is not normally able to answer detailed inquiries concerning a program. Also listed are the name(s) and telephone number(s) of the information contact person(s) who can provide additional program information to applicants.
Additional Contact Information (Appendix IV)
Due to the large volume of regional and local office contacts for most agencies, full contact information is also provided separately here in a PDF format: