FTC Publishes Inflation-Adjusted Civil Penalty Amounts for 2023

The Federal Trade Commission has adjusted the maximum civil penalty dollar amounts for violations of 16 provisions of law the FTC enforces, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The act directs agencies to implement annual inflation adjustments based on a prescribed formula. The new maximum civil penalty amounts will become effective on January 11, 2023.

The maximum civil penalty amount has increased from $46,517 to $50,120 for violations of Sections 5(l), 5(m)(1)(A), and 5(m)(1)(B) of the FTC Act, Section 7A(g)(l) of the Clayton Act, and Section 525(b) of the Energy Policy and Conservation Act. It has increased from $612 to $659 for violations of Section 10 of the FTC Act.

The maximum civil penalty amount has increased from $1,323,791 to $1,426,319 for violations of Section 814(a) of the Energy Independence and Security Act of 2007. The maximum civil penalty amounts for other law violations within the agency’s jurisdiction are listed in the Federal Register notice.

The Commission vote to publish the Federal Register notice amending Commission Rule 1.98 was 4-0.