The Federal Trade Commission ("FTC") released FAQs for small businesses on what to do when you have received a Civil Investigative Demand from the FTC. The FAQs -- authored by the Acting Director of the FTC's Bureau of Consumer Protection -- provide great guidance for companies who aren't familiar with the FTC's CID process. Here are some of the highlights:
- Immediately after getting a CID, you should contact the FTC and arrange a "meet and confer" to set the schedule for responding to the CID and to address other preliminary issues;
- Once you receive a CID, you shouldn't destroy any documents that could be reasonably related to the FTC's investigation;
- It may take some time for the FTC to review your submission, but ordinarily the FTC will update you within 6 months after you have completed your submission; and
- Ordinarily, the FTC won't disclose that an investigation is taking place, or any of the materials that you've supplied, unless the FTC decides to bring an action.
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So you've received a Civil Investigative Demand (CID) from the Federal Trade Commission related to a consumer protection matter. Now what?
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