FTC (Federal Trade Commission)

The FTC is the federal consumer protection and antitrust agency that enforces against deceptive business practices — including predatory MCA marketing, misleading small business finance advertising, and unfair collection practices.

The Federal Trade Commission was established in 1914 under the FTC Act to prevent unfair methods of competition and unfair or deceptive acts or practices in commerce. For small business owners, the FTC is most relevant in two roles: as a protector against deceptive financing marketing, and as an enforcer of honest advertising standards. In recent years the FTC has brought enforcement actions against MCA funders, brokers, and lead generators using deceptive marketing — including misrepresenting the cost of funding, falsely claiming 'no upfront fees,' failing to disclose factor-rate-equivalent APRs in states where required, and using deceptive merchant testimonials. The FTC's Operation Business Opportunity Fraud actions include several fintech lending players. The FTC also enforces the Telemarketing Sales Rule and the CAN-SPAM Act, which apply to unsolicited commercial outreach including robo-dialed loan solicitations. Small business owners receiving predatory or deceptive financing solicitations can file complaints at https://reportfraud.ftc.gov/. For businesses evaluating financing offers, the FTC's consumer education on small business loans (https://consumer.ftc.gov/business/business-guidance/financing-business) is a useful primer on what disclosures you should expect and red flags for predatory products.

Examples

Frequently asked questions

Does the FTC regulate small business lending?

The FTC has jurisdiction over commercial financing companies under the FTC Act's Section 5 prohibition on unfair or deceptive acts or practices. It does not regulate interest rates or loan terms directly, but it can and does bring enforcement actions against deceptive marketing, misrepresentation of costs, and predatory collection practices.

How do I report a deceptive loan offer?

File a complaint at https://reportfraud.ftc.gov/. Include the company name, what was represented vs. what was actually offered, and any documentation. The FTC uses complaint data to identify enforcement priorities.

What's the difference between FTC and CFPB jurisdiction over small business lending?

The CFPB has primary jurisdiction over consumer financial products and (under Section 1071) small business lending data. The FTC has broader commercial jurisdiction including B2B deceptive practices. Both agencies can act on deceptive small business finance marketing — their jurisdictions overlap, and they coordinate enforcement.

Related terms

Further reading