Affirmative Disclosure at the FTC: Theoretical Framework and Typology of Case Selection

Abstract

This article presents a theoretical framework designed to provide insights about the affirmative disclosure activities of the Federal Trade Commission. This framework was developed on the basis of an intensive study of affirmative disclosure cases and includes the nature of the problem, the determination of objectives for the orders, the determination of strategy for the disclosure, the making of tactical disclosure decisions, and the outcome of the order. Additionally, this paper examines in detail the nature of the problems selected for affirmative disclosure remedies by the FTC.