1

FCC-FTC Consumer Protection Memorandum of Understanding

Whereas the Federal Communications Commission (FCC) implements and enforces 

the Communications Act of 1934, as amended, which, among other things, requires all 

common carrier charges, practices, classifications, and regulations for and in connection 

with communication service by wire or radio to be just and reasonable; requires cable 

operators, satellite carriers, telecommunications carriers, and providers of interconnected 

Voice over Internet Protocol (VoIP) services to protect their subscribers’ privacy; and 

creates and empowers the Commission to create other protections for consumers of 

broadband, broadcasting, cable, information, satellite, and wireless and wireline 

telecommunications services; 

Whereas Congress has directed the Federal Trade Commission (FTC) to, among 

other things, prevent unfair or deceptive acts or practices in commerce and has charged 

the FTC with enforcing a number of other specific consumer protection rules and statutes; 

Whereas, the FCC recognizes the importance of the FTC’s expertise and leadership 

on matters of consumer protection and the FTC recognizes the importance of the FCC’s 

expertise and leadership with regard to consumer protection as applied to 

telecommunications services; and 

Whereas the FCC and FTC wish to continue working together to protect consumers 

and the public interest and, in so doing, avoid duplicative, redundant, or inconsistent 

oversight in these areas, building upon their long history of cooperation on matters of 

overlapping authority, including, for example, telemarketing enforcement where the 

agencies have implemented and followed an effective Memorandum of Understanding 

since 2003:1

Therefore, it is hereby agreed that: 

The FCC and the FTC will continue to work together to protect consumers from 

acts and practices that are deceptive, unfair, unjust and/or unreasonable including through: 

 Coordination on agency initiatives where one agency’s action will have a 

significant effect on the other agency’s authority or programs, 

 Consultation on investigations or actions that implicate the jurisdiction 

of the other agency,

 Regular coordination meetings to review current marketplace practices 

and each agency’s work on matters of common interest that impact 

consumers, 

 Regular meetings at which the agencies will exchange their respective 

learning about the evolution of communications markets, 

                                                            

1

   The 2003 Memorandum of Understanding (MOU) regarding Telemarketing Enforcement 

remains in effect and nothing in this Memorandum should be construed as altering, amending, or 

invalidating that MOU. 
2

 Sharing of relevant investigative techniques and tools, intelligence, 

technical and legal expertise, and best practices in response to reasonable 

requests for such assistance, and 

 Collaboration on consumer and industry outreach and education efforts, 

as appropriate. 

The agencies express their belief that the scope of the common carrier exemption in 

the FTC Act does not preclude the FTC from addressing non-common carrier activities 

engaged in by common carriers.2 Further, no exercise of enforcement authority by the 

FTC should be taken to be a limitation on authority otherwise available to the FCC, 

including FCC authority over activities engaged in by common carriers and by noncommon carriers for and in connection with common carrier services; likewise, no 

exercise of enforcement authority by the FCC should be taken to be a limitation on 

authority otherwise available to the FTC. To the extent that existing law permits both the 

FCC and the FTC to address the same conduct, the agencies agree to follow the processes 

set out in this Memorandum of Understanding in order to ensure that their activities 

efficiently protect consumers and serve the public interest. 

The agencies will engage in joint enforcement actions, when appropriate and 

consistent with their respective jurisdiction. With respect to such joint enforcement 

activities, the agencies will commit to coordinating press statements and other public 

statements. 

The FCC and FTC will share data regarding consumer complaints to the extent 

feasible. In particular, the FTC will continue to provide qualified FCC staff access to the 

Consumer Sentinel Network, a secure online database that provides law enforcement 

members access to millions of consumer complaints submitted directly to the FTC, as well 

as complaints shared by over 40 other data contributors; and the FCC agrees to work to 

become a Consumer Sentinel Network data contributor, sharing relevant consumer 

complaints with the Consumer Sentinel membership. 

In order to provide for more effective exchange of information so that both 

agencies will be able to operate to the maximum effectiveness in the public interest, the 

persons signing below and their successors shall be deemed Designated Liaison Officers 

to serve as the primary sources of contact for each agency. Formal liaison meetings 

between appropriate senior officials of both agencies to exchange views on matters of 

common interest and responsibility shall be held from time to time, as determined by such 

liaison officers to be necessary. 

 

                                                            

2

  Further, the common carrier exception in the FTC Act does not preclude the FTC from enforcing 

certain other statutes and rules that expressly provide the FTC with jurisdiction over common 

carrier services, such as the Fair Credit Reporting Act and the Telephone Disclosure and Dispute 

Resolution Act of 1992.
3

The Memorandum of Understanding shall take effect upon execution by both 

parties and may be modified by mutual consent of both parties or terminated by either 

party upon thirty (30) days advance written notice. 

For the Federal Trade Commission: 

_____________________________ Date: _________________________ 

Jessica L. Rich 

Director, Bureau of Consumer Protection

For the Federal Communications Commission: 

_____________________________ Date: _________________________ 

Travis LeBlanc 

Chief, Enforcement Bureau 

 

_____________________________ Date: _________________________ 

Alison Kutler 

Acting Chief, Consumer & Governmental Affairs Bureau