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1.1.2 The Treatise’s Subject Matter

Federal Deception Law is a unique NCLC treatise. While other NCLC publications generally focus on one substantive area, this title examines a large number of federal (and parallel state) requirements and remedies that apply to many different marketplace transactions. Examples are the federal and state RICO statutes that apply broadly to any form of consumer transaction and the federal False Claims Act that also provides strong remedies as long as the government is also victimized by a practice.

Federal Trade Commission (FTC) rules and other federal requirements analyzed typically apply broadly to different types of sales transactions. Rules regulate telephone marketing, telemarketing fraud, mail order sales, door-to-door sales, unordered merchandise, creditor liability for seller-related claims, and the like. The Consumer Financial Protection Bureau (CFPB) has not yet enacted similar rules but, when it does, future updates to this treatise will cover those rules. For now, the treatise examines the CFPB’s authority and CFPB requirements that have been announced through guidance documents and enforcement actions.