Frequently Asked Questions: FOIA (2024)

Select a link below to jump to the relevant page section:

  • What is a Freedom of Information Act or FOIA request?
  • How do I submit a FOIA request to the FTC?
  • Who can submit a FOIA request to the FTC?
  • How long does it take for the FTC to respond to a FOIA request?
  • How much does it cost to make a FOIA request?
  • How can I check the status of my request?
  • Can a request be expedited?
  • Are certain records already publicly available?
  • Why is some information exempt, or withheld from release, under the FOIA?
  • Does the FTC request payment in advance?
  • Once I receive an invoice for my FOIA request, how can I submit payment?
  • What if my FOIA request is denied?
  • What if I have a complaint about a company or telemarketer?

What is a Freedom of Information Act or FOIA request?

The Freedom of Information Act (FOIA) provides the public with the right to make a request for federal agency records.

How do I submit a FOIA request to the FTC?

Submit your request one of the following ways:

  1. Submit your request online.
  1. Fax your request to (202) 326-2477.
  2. Send your request via postal mail to the address below. See sample templates for a FOIA Request Letter and a FOIA Appeal Letter.

Freedom of Information Act Request
Office of General Counsel
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Who can submit a FOIA request to the FTC?

Generally, any member of the public may submit a FOIA request concerning records maintained at the FTC.

How long does it take for the FTC to respond to a FOIA request?

Our goal is to respond within the timeframe outlined in the Freedom of Information Act, which is twenty working days, or approximately one month, but this may vary with the complexity of the request. When the FTC needs an extension of time to respond to your request it will notify you in writing and offer you the opportunity to modify or limit the scope of your request.

How much does it cost to make a FOIA request?

There is no initial fee for making a FOIA request. However, the Freedom of Information Act authorizes the FTC to charge fees to recover the costs associated with the processing of your request. Details related to fees can be found here.

How can I check the status of my request?

If you submitted your request through the FTC’s Public Access Link, or PAL, click here.

Or you could email us at FOIA@ftc.gov.

Can a request be expedited?

We process requests in the order in which they are received. However, you may request expedited handling of your request if there is a compelling need for a more rapid response. To qualify for expedited processing, you must show that: (1) failure to obtain the records quickly could pose an imminent threat to the life or safety of any person; or (2) your primary job is to disseminate information and there is an urgency to inform the public about actual or alleged Federal government activity. A FOIA officer will respond to your request for expedited treatment within ten days of receiving it to let you know whether the request has been granted.

Are certain records already publicly available?

Yes. Many materials, such as records related to Commission organization procedures, industry guidance, rulemaking, adjudicative proceedings, consent agreements, and investigations are already publicly available on the FTC’s website. You could also search the FTC’s Frequently Requested Records page for previously released records.

Why is some information exempt, or withheld from release, under the FOIA?

All agency records must be made available to the public under the FOIA, except for records that are:

  1. Properly classified as secret in the interest of national defense or foreign policy (b)(1).
  2. Related solely to internal personnel rules and practices (b)(2).
  3. Specifically exempted by other statutes (b)(3).
  4. Concerning trade secrets and commercial or financial information obtained from a person that is privileged or confidential (b)(4).
  5. Privileged interagency or intra-agency memoranda or letters, except under certain circ*mstances (b)(5).
  6. Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy (b)(6).
  7. Investigatory records compiled for law enforcement purposes (b)(7).
  8. Contained in or related to certain examination, operating, or condition reports concerning financial institutions (b)(8).
  9. Geological and geophysical information and data, including maps, concerning wells (b)(9).

FTC records that most frequently fall into one of these categories include material we have obtained from businesses, certain internal communications that are protected by a privilege, personal information, law enforcement records, and internal personnel rules and practices.

Does the FTC request payment in advance?

If the charges exceed $250, the FTC may request payment in advance.

Once I receive an invoice for my FOIA request, how can I submit payment?

If you submitted your FOIA request via PAL, log into your account to make a payment with your credit card.

Alternatively, all checks should be made payable to the US Treasury and directed to:

Financial Management Office
Mail Stop: 776
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, DC 20580

Please include your FOIA tracking number and invoice number on your check.

What if my FOIA request is denied?

If your request is denied, you have the right to appeal. Appeals must be in writing and include a copy of the initial request letter as well as the initial response letter. A request for discretionary release of exempt information should state the interest of the requester in the material being sought and the purpose for which it would be used if the request were granted.

Sample Appeal Letter

FOIA appeals are decided by the General Counsel. To ensure an independent review of the issues presented on appeal, individuals other than those who processed and decided the initial request advise the General Counsel on appeals. The General Counsel has authority to release documents that are exempt from disclosure, but are unlikely to cause harm to the agency’s activities, individuals, or businesses, if released.

Appeal letters should be addressed to:

Freedom of Information Act Appeal
Office of the General Counsel
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, DC 20580

What if I have a complaint about a company or a telemarketer?

You can file a complaint by calling 1-877-FTC-HELP (1-877-382-4357). For more information on filing a consumer complaint, please click here.

Frequently Asked Questions: FOIA (2024)

FAQs

Can I ask questions under the FOIA? ›

Can I ask questions under the FOIA? The FOIA does not require Federal Agencies to answer questions, render opinions, or provide subjective evaluations. Requesters must ask for existing records.

What is the rule of three in FOIA? ›

If the agency has difficulty connecting with the requester, the FOIA requires that it must make at least three good-faith attempts to do so. Once all these conditions are met, the agency will be able to charge all applicable fees for those requests where more than 5,000 pages need to be reviewed.

Why would my FOIA be denied? ›

We will deny a FOIA request, in whole or in part, only if the information is covered by one of the nine exemptions listed above, and (1) a statute or Executive order prohibits disclosure or (2) release of the information could be harmful to an individual, a business, or the Government.

What types of things can not be requested through FOIA? ›

Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes:
  • Non-agency records and personal records.
  • Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).

What shows up on a FOIA request? ›

Records obtainable under the FOIA include all "agency records" - such as print documents, photographs, videos, maps, e-mail and electronic records - that were created or obtained by a Federal agency and are, at the time the request is filed, in that agency's possession and control.

What happens if a FOIA request is ignored? ›

Personal and Agency Litigation – Failure to comply with a FOIA request can result in a lawsuit being filed against you or your agency to compel the release of the requested information.

What are the limitations of FOIA? ›

The FOIA applies only to federal agencies and does not provide for the right to access records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted to obtain state and local records.

What is exemption 4 of the FOIA? ›

Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.

What is the exemption 4 letter of the FOIA? ›

Exemption 4 is usually used by agencies to withhold trade secrets and confidential business information submitted to the government by private individuals and companies.

How do I make a successful FOIA request? ›

Criteria
  1. It must be in writing and signed by the person making the request;
  2. It must state that the request is being made pursuant to the FOIA;
  3. It must reasonably describe the records being requested;
  4. It must state the category of the requester for fee purposes (i.e., commercial, media, educational, all other);

Why do FOIA requests take so long? ›

Under the FOIA, a component may extend the response time for an additional ten business days when: (1) the component needs to collect responsive records from field offices; (2) the request involves a "voluminous" amount of records which must be located, compiled, and reviewed; or (3) the component must consult with ...

Can FOIA requests be anonymous? ›

The law was enacted in 1966 and has since been amended several times. What this means: Although anyone can request information from federal agencies under the act, some may choose to keep their request anonymous.

What is the FOIA for dummies? ›

The Freedom of Information Act (FOIA), is a United States law that generally gives any person or organization (including non-US citizens) the right to access records of federal executive branch agencies upon request, unless they fall within any of nine outlined exemptions and satisfy the Foreseeable Harm Standard.

What is a trade secret under FOIA? ›

A trade secret is a secret, commercially valuable plan, formula, process, or device that is used for the making, preparing, compounding, or processing of trade commodities and that can be said to be the end product of either innovation or substantial effort.

What is an example of a FOIA exemption 5? ›

They include:
  • Deliberative Process Privilege.
  • Attorney Work Product Privilege.
  • Attorney-Client Privilege.
  • Confidential commercial communications and.
  • Statements of fact made to the government during an air crash investigation.

Do individuals have to mention FOIA? ›

Requestors do not have to mention FOIA. You should refer to section 8 of FOIA when determining whether a request is valid or not. To be valid it must be in writing, it must state the requestor's real name, include an address for correspondence and it must also offer a clear description of the information requested.

What is a confidential treatment request for FOIA? ›

Confidential Treatment Requests

SEC Rule 83 (17 CFR 200.83) provides a confidential treatment procedure for those submitting information to the agency to ask that it be withheld when requested under the Freedom of Information Act.

Does FOIA apply to local police? ›

The Freedom of Information Act (FOIA) requires that the COPS Office provide its records to anyone who requests them in writing and who includes a reasonable description of the records being requested. Certain records may be exempt from disclosure under FOIA.

Does FOIA cover local government? ›

The FOIA only applies to federal agencies and not Congress, the courts, or state or local governments.

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