Trade Regulation Rule on Impersonation of Government and Businesses (16 CFR PART 461) (March 1, 2024)

Trade Regulation Rule on Impersonation of Government and Businesses

16 CFR PART 461

Date: March 1, 2024

 

SUMMARY:

This final rule prohibits the impersonation of government, businesses, and their officials or agents in interstate commerce. This document contains the text of the final rule and the rule's Statement of Basis and Purpose (“SBP”), including a Regulatory Analysis.

 

CITATION:

Title 16- Commercial Practices

Chapter I- Federal Trade Commission

Subchapter D- Trade Regulation Rules

PART 461—RULE ON IMPERSONATION OF GOVERNMENT AND BUSINESSES

§ 461.1 Definitions.

§ 461.2 Impersonation of government prohibited.

§ 461.3 Impersonation of businesses prohibited.

Authority: Authority: 15 U.S.C. 41 through 58.

Source: 89 FR 15030, Mar. 1, 2024, unless otherwise noted.

 

§ 461.1 Definitions.

As used in this part:

Business   means a corporation, partnership, association, or any other entity that provides goods or services, including not-for-profit entities.

Government   includes federal, state, local, and tribal governments as well as agencies and departments thereof.

Materially   means likely to affect a person's choice of, or conduct regarding, goods or services.

Officer   includes executives, officials, employees, and agents.

 

§ 461.2 Impersonation of government prohibited.

It is a violation of this part, and an unfair or deceptive act or practice to:

(a) materially and falsely pose as, directly or by implication, a government entity or officer thereof, in or affecting commerce as commerce is defined in the Federal Trade Commission Act (15 U.S.C. 44); or

(b) materially misrepresent, directly or by implication, affiliation with, including endorsement or sponsorship by, a government entity or officer thereof, in or affecting commerce as commerce is defined in the Federal Trade Commission Act (15 U.S.C. 44).

 

§ 461.3 Impersonation of businesses prohibited.

It is a violation of this part, and an unfair or deceptive act or practice to:

(a) materially and falsely pose as, directly or by implication, a business or officer thereof, in or affecting commerce as commerce is defined in the Federal Trade Commission Act (15 U.S.C. 44); or

(b) materially misrepresent, directly or by implication, affiliation with, including endorsement or sponsorship by, a business or officer thereof, in or affecting commerce as commerce is defined in the Federal Trade Commission Act (15 U.S.C. 44).

 

For more information, see here: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-461

AND

https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-impersonation-rule-goes-effect-today

 

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