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

Why do FOIA requests get 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 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.

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 if FOIA is not answered? ›

You may file a lawsuit in Federal Court if the Department of Labor fails to respond to either your initial request or your appeal within the time limits discussed above; or if, after your appeal has been decided, you still believe that the Department of Labor has not handled your FOIA request in accordance with the law ...

What types of things cannot 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).

How do I make a successful FOIA request? ›

The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax.

What are unusual circ*mstances for FOIA? ›

"Unusual circ*mstances" means (1) the need to search and collect documents from offices separate from the office processing the request; (2) the need to search and collect a large volume of records; or (3) the need to consult with another agency (or a separate subdvision of the same agency) having a substantial subject ...

What information is exempt from the Freedom of Information Act? ›

What exemptions are there? Some exemptions apply only to a particular category or class of information, such as information held for criminal investigations or relating to correspondence with the royal family. These are called class-based exemptions.

What is Section 40 of the FOIA? ›

Section 40 of FOIA provides an exemption from the right to information if it is personal data as defined in the DPA.

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 four elements must be placed in a FOIA request? ›

There are four basic elements to a FOIA request letter:
  • The letter should state that the request is being made under the Freedom of Information Act.
  • The letter should identify the records that are being sought as specifically as possible.
  • The name and address of the requester must be included.

What can you ask in a Freedom of Information request? ›

You have the right to request recorded information held by public authorities. The most obvious kind of recorded information is electronic or paper copies of formal documents, like policies or minutes of meetings.

How far back can a FOIA request go? ›

Agencies can no longer withhold “intra-or inter-agency communications” that could otherwise be withheld under FOIA Exemption 5 alone if the internal documents are more than 25 years old.

Can a FOIA request be 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.

How long does it take for FOIA to respond? ›

In general, the FOIA requires an agency to respond to FOIA requests within 20 business days after the office that maintains the responsive records receives the request.

What are the reasons for refusal of FOI? ›

This might be because the information:
  • is considered to damage commercial interests.
  • contains personal information.
  • is readily available to you by other means.

What are unusual circ*mstances for FOIA request? ›

"Unusual circ*mstances" means (1) the need to search and collect documents from offices separate from the office processing the request; (2) the need to search and collect a large volume of records; or (3) the need to consult with another agency (or a separate subdvision of the same agency) having a substantial subject ...

What is exemption 8 of the FOIA? ›

Exemption 8

Protects information that is contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.

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