FTC v. Klesner
280 U.S. 19 (1929)

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U.S. Supreme Court

FTC v. Klesner, 280 U.S. 19 (1929)

Federal Trade Commission v. Klesner

No. 8

Argued April 10, 1929

Decided October 14, 1929

280 U.S. 19

CERTIORARI TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA.

1. Section 5 of the federal Trade Commission Act, unlike the Interstate Commerce Act, does not provide private persons with an administrative remedy for private wrongs. P. 280 U. S. 25.

2. A complaint may be filed under § 5 only "if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public," and this requirement is not satisfied merely by proof that there has been misapprehension and confusion on the part of purchasers, or even that they have been deceived.

Page 280 U. S. 20

To justify filing a complaint, the public interest must be specific and substantial. P. 280 U. S. 27.

3. The Commission has jurisdiction of a complaint authorized by its resolution declaring in appropriate form that the Commission has reason to believe that the party complained of is violating § 5 of the Act and that it appears to the Commission that a proceeding in respect thereof would be in the interest of the public; but its action in authorizing the filing of a complaint, like its action in making an order thereon, is subject to judicial review. P. 280 U. S. 29.

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