[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Notices]
[Pages 58446-58447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-18853]


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FEDERAL TRADE COMMISSION


Civil Penalty Inflation Adjustments

AGENCY: Federal Trade Commission.

ACTION: Notice.

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SUMMARY: In accordance with guidance from the Office of Management and 
Budget (``OMB''), the Federal Trade Commission (``FTC'')'s civil 
penalty amounts will remain unchanged during 2026. The FTC will 
continue to apply the 2025 civil penalty levels.

DATES: Effective September 15, 2026.

FOR FURTHER INFORMATION CONTACT: Marie Choi, Attorney (202-326-3368), 
Office of the General Counsel, Federal Trade Commission, 600 
Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation 
Adjustment Act Improvements Act (``FCPIAA'') of 2015 directs Federal 
agencies to annually adjust each civil monetary penalty under their 
jurisdiction for inflation pursuant to a cost-of-living adjustment.\1\ 
The cost-of-living adjustment is based on the percent change between 
the U.S.

[[Page 58447]]

Department of Labor's Consumer Price Index for All-Urban Consumers 
(``CPI-U'') for the month of October preceding the date of the 
adjustment, and the CPI-U for October of the prior year.\2\
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    \1\ Public Law 114-74, 701, 129 Stat. 599 (2015). The Act amends 
the Federal Civil Penalties Inflation Adjustment Act, Public Law 
101-410, 104 Stat. 890 (codified at 28 U.S.C. 2461 note).
    \2\ 28 U.S.C. 2461 note at (3), (5)(b).
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    Under the FCPIAA, the OMB Director must annually provide agencies 
with guidance on carrying out civil penalty inflation adjustments.\3\ 
On April 17, 2026, the OMB Director issued Memorandum M-26-11, 
Cancellation of Penalty Inflation Adjustments for 2026, Regarding the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015, which stated that the inflation adjustment for 2026 was 
cancelled. M-26-11 explained that due to the government shutdown, the 
Bureau of Labor Statistics (``BLS'') was unable to produce the October 
2025 CPI-U data, which is needed to make adjustments under the FCPIAA. 
Therefore, M-26-11 announced that there would be no updated cost-of-
living adjustment multiplier for 2026 and that agencies would continue 
using the 2025 civil monetary penalty amounts.
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    \3\ Id. (7)(a).
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    The FTC is publishing this notice to announce that no civil penalty 
adjustments will be made in 2026. The FTC will continue to apply the 
2025 penalty levels.\4\
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    \4\ See 16 CFR 1.98.
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    The FCPIAA, as amended, directs agencies to adjust civil monetary 
penalties through rulemaking and to publish the required inflation 
adjustments in the Federal Register, notwithstanding section 553 of 
title 5 in the United States Code. Because this notice does not amend 
regulatory text, prior public notice and comment under the 
Administrative Procedure Act and a delayed effective date are not 
required. The requirements of the Regulatory Flexibility Act (``RFA'') 
do not apply.\5\ In addition, this notice does not contain any 
collection of information requirements as defined by the Paperwork 
Reduction Act of 1995 as amended. 44 U.S.C. 3501 et seq.
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    \5\ A regulatory flexibility analysis under the RFA is required 
only when an agency must publish a notice of proposed rulemaking for 
comment. See 5 U.S.C. 603.

    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2026-18853 Filed 9-14-26; 8:45 am]
BILLING CODE 6750-01-P