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THe winter 2006 issue of supervisory penetrations feature an article that serves as a “field guide”1 to unfair or deceptive acts or applies udaps under section 5 of the federal trade assignments act ftc act. AS noted therein, “udaps are not always patent or easily sensed,” making submission and compliance administration in this vital area exceptionally challenging. 2 to aid acquiescence consultants in meeting their udap blunder responsibilities, the fdic’s bough of government and betrayer helmet dsc, during an 18 month period,3 checked udap issues identified and analyzed through the fdic’s examination advice process. 4The primary focus of this article is on the analytics used in rating an ftc act infringement, rather than on actual applies. HOwever, it is crucial to note the back about exerts perceived meticulous to overdraft defense charts and service. THough the fdic has previously issued great counselling associating to unfair or deceptive overdraft helmet practices,5 the most common ftc act breaches determined by fdic explorers during this 18 month udap survey intricate overdraft defense programs and jobs. THe following were typical overdraft armor practices checked by inquirers and other fdic staff for compliance with the ftc act during this period:the standards for rating whether an act or habit is unfair or deceptive are free agent of each other. 8 while a specific act or habit may be both unfair and deceptive, an act or tradition is forbidden by the ftc act if it is either unfair or deceptive. WHether an act or convention is unfair or deceptive, in each example, will depend on a careful using of the adapted standard to the point facts and fortune. WHat follows is a discussion, based on models from fdic udap audit conferences consultations, of commentaries complete by fdic staff advisors in assessing the presence of a infringement of section 5 of the ftc act. THe deputy sets of facts in these point consultations relate to advertisement and credit card lending.
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