How to Challenge an FTC Subpoena or CID

How to Challenge an FTC Subpoena or CID

So you got a subpoena or Civil Investigative Demand (CID) from the Federal Trade Commission (FTC). Don’t panic! This article will walk you through what to do step-by-step in plain English.

What is a subpoena or CID?

A subpoena or CID is a legal request for information from the FTC. It means the FTC is investigating something and wants info from you related to the investigation.

There are two main types:

• Subpoena – asks for documents or testimony
• CID – asks for documents, written reports, or answers to questions

If you don’t respond, the FTC can go to court to force you to comply. But let’s try to avoid that if we can!

Should I challenge it?

Just because you got a subpoena or CID doesn’t mean you did anything wrong! The FTC sends these to both targets of investigations AND third parties who might have helpful info.

You don’t have to comply if the requests are unreasonable or irrelevant. But think twice before challenging – it may be less hassle just to provide the info.

Here are common reasons people challenge:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

• The requests are overbroad and seek too much irrelevant info
• Complying would be unreasonably burdensome/expensive
• The requests infringe on confidentiality or trade secrets
• You think the investigation exceeds the FTC’s authority

If any of those fit your situation, you may want to challenge or modify the subpoena/CID.

What are my options?

You have 3 main options if you get an FTC subpoena/CID:

1. Comply – Just provide the requested info. This is the easiest option.
2. Negotiate – Ask the FTC to modify or narrow the requests.
3. Challenge – Formally ask a court to quash (cancel) or limit the subpoena/CID.

Let’s look at how #2 and #3 work.

Negotiate with the FTC

The FTC may be willing to narrow the scope of their requests if you explain your concerns. Here are some tips for negotiation:

• Respond promptly – the sooner the better.
• Request a meeting to discuss your concerns.
• Explain specifically which requests are unreasonable and why.
• Propose ways to modify the requests that work for both sides.
• Offer to produce docs/info you can provide without much burden.
• Stay cooperative – don’t just stoneswall or say no.

The FTC is often open to compromise. By negotiating cooperatively, you can likely reach an agreement and avoid court.

File a petition to modify or quash

If talks with the FTC break down, you can challenge the subpoena/CID in court. Here’s how:

1. File a petition within 20 days of being served.
2. Send it to the FTC’s Office of the General Counsel.
3. Explain all legal and factual arguments for your challenge.
4. Ask the court to quash (cancel) or modify the subpoena/CID.
5. The FTC will respond, and the court will decide.

Grounds for challenging include:

• The subpoena/CID exceeds the FTC’s authority
• The requests are irrelevant to the investigation
• Complying would be unduly burdensome
• The requests violate a constitutional or statutory right

Cite specific precedents and legal arguments to support your case. The stronger your arguments, the better chance of success.

What happens if I don’t comply?

If you ignore the subpoena/CID, the FTC can go to court to enforce it. The court can order you to comply and impose sanctions like fines or jail for contempt if you still refuse.

So don’t just ignore it! Respond promptly and thoughtfully. Negotiation or challenging the subpoena/CID is better than doing nothing.

Key takeaways

• Act quickly – respond right away.
• Be cooperative – negotiate reasonably with the FTC.
• Consider carefully before challenging in court.
• Complying may be easier than fighting if the requests are reasonable.
• Ignoring it is the worst approach and may lead to court sanctions.

Dealing with an FTC subpoena or CID can be intimidating, but staying calm and seeking legal help puts you in the best position. With the right strategy, you can likely reach a reasonable outcome and avoid getting into hot water down the road.

Sources

[1] FTC Petitions to Quash

[2] FTC Investigative Authority

[3] Complying with FTC Subpoenas and CIDs

[4] CID FAQs for Small Businesses

[5] Challenging Overly Broad FTC Subpoenas and CIDs

[6] FTC Subpoena Defense Strategies