Read a competition or consumer penalty paper against the civil-penalty sections

Key facts

Human involvement

Yellow · Close supervision

How AI is used

List what the paper is, its date, whether it is a court complaint or a Commission order, and the conduct it describes. Do not calculate a penalty.

What the lawyer must review

There is no infringement notice in this version. 15 U.S.C. § 45(l) provides a civil penalty, recovered by the Attorney General in a district court, for violating a final Commission order while it is in effect. Each violation is a separate offence, and each day of a continuing failure can be a separate offence. Section 45(m) lets the Commission sue in a district court for a knowing violation of a rule on unfair or deceptive acts, other than an interpretive rule, and, after a final cease-and-desist order other than a consent order, for engaging in that practice with actual knowledge. The Code states a maximum of not more than $10,000 for each violation. Later inflation adjustments were not opened, so do not treat $10,000 as the amount now payable. The court considers culpability, prior conduct, ability to pay, the effect on ability to continue in business, and other matters justice requires. A compromise of a civil-penalty action needs a public statement of reasons and the court's approval. You advise. The tool does not.

Written for / version

United States versionUS