"Congress, in creating the FTC and in empowering it to police unfair and deceptive trade practices, explicitly gave the agency power to determine what is unfair and deceptive." Trying to make the FTC an entity that can only enforce common law defeats the purpose for which it was created, Hoofnagle said. "[It] raises a basic question: Why have the FTC at all?"
FTC officials could not be reached immediately for comment on the case.
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