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Unfairness Doctrine
The unfairness doctrine is a doctrine in United States trade regulation law under which the Federal Trade Commission (FTC) can declare a business practice "unfair" because it is oppressive or harmful to consumers even though the practice is not an antitrust violation, an incipient antitrust violation, a violation of the "spirit" of the antitrust laws, or a deceptive practice. The doctrine was first authoritatively recognized in '' FTC v. Sperry & Hutchinson Trading Stamp Co.'', although earlier Supreme Court decisions had suggested it in ''obiter dicta''. The FTC has, on occasion, invoked the doctrine against oppressive practices that were not antitrust violations and not recognizably deceptive practices, such as the use of the holder in due course rule by retailers catering to the very poor and the practice of mail-order sellers suing consumers in states remote from where they live. The FTC has recently invoked the doctrine against spyware Spyware (a portmanteau for spying s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction over federal civil antitrust enforcement with the Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC. The FTC was established in 1914 with the passage of the Federal Trade Commission Act, signed in response to the 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Act, a key antitrust statute, as well as the provisions of the FTC Act, et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promulgated a number of regulations (codified in Title 16 of the Code of Federal Regulations). The broad statutory authority granted to the FTC provide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Antitrust Law
In the United States, antitrust law is a collection of mostly federal laws that regulate the conduct and organization of businesses to promote competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. These acts serve three major functions. First, Section 1 of the Sherman Act prohibits price fixing and the operation of cartels, and prohibits other collusive practices that unreasonably restrain trade. Second, Section 7 of the Clayton Act restricts the mergers and acquisitions of organizations that may substantially lessen competition or tend to create a monopoly. Third, Section 2 of the Sherman Act prohibits monopolization. Federal antitrust laws provide for both civil and criminal enforcement. Civil antitrust enforcement occurs through lawsuits filed by the Federal Trade Commission, the United States Department of Justice Antitrust Division, and private ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
FTC V
FTC may refer to: Commerce * Fair Trade Commission (other) * Federal Trade Commission, an American antitrust and consumer protection agency * FTC Kaplan, or Financial Training Company, a former name of Kaplan Financial Ltd, a financial training institution in the United Kingdom Entertainment * Fashion Television Channel, a Canadian television channel Science, mathematics, and technology * Emtricitabine, an antiretroviral drug used to treat HIV, coded FTC in medical journals * Fault-tolerant computer system * FIRST Tech Challenge, a robotics competition for students * Follicular thyroid cancer, a type of cancer * Fundamental theorem of calculus, a mathematical theorem * Fusion Technology Center, a research organisation in South Korea Other uses * Fairfield Transportation Center * Federal Transfer Center, part of the United States Federal Bureau of Prisons * Ferencvárosi TC, a Hungarian sports club * Free the Children, an international children's rights and devel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dicta
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holder In Due Course
In commercial law, a holder in due course (HDC) is someone who takes a negotiable instrument in a value-for-value exchange without reason to doubt that the instrument will be paid. If the instrument is later found not to be payable as written, a holder in due course can enforce payment by the person who originated it and all previous holders, regardless of any competing claims those parties may have against each other. This right shields a holder in due course from the risk of taking instruments without full knowledge of their history. Rights The rights of a holder in due course of a negotiable instrument are qualitatively, as matters of law, superior to those provided by ordinary species of contracts: * The rights to payment are not subject to set-off, and do not rely on the validity of the underlying contract giving rise to the debt (for example if a cheque was drawn for payment for goods delivered but defective, the drawer is still liable on the cheque). * No notice need be g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spyware
Spyware (a portmanteau for spying software) is software with malicious behaviour that aims to gather information about a person or organization and send it to another entity in a way that harms the user—for example, by violating their privacy or endangering their device's security. This behaviour may be present in malware as well as in legitimate software. Websites may engage in spyware behaviours like web tracking. Hardware devices may also be affected. Spyware is frequently associated with advertising and involves many of the same issues. Because these behaviors are so common, and can have non-harmful uses, providing a precise definition of spyware is a difficult task.FTC Report (2005)." History The first recorded use of the term :wikt:spyware, spyware occurred on October 16, 1995 in a Usenet post that poked fun at Microsoft's business model.Vossen, Roland (attributed); October 21, 1995Win 95 Source code in c!!posted to rec..programmer; retrieved from groups.google.co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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