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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