Florida A & M University Law Review



The purpose of this Note is to propose that the FTC exercise its broad authority under § 45 of the Federal Trade Commission Act (“FTC Act”) to address the seemingly innocuous conduct of the video game industry. To that end, this Note is divided into two sections. The first section reviews administrative and judicial opinions interpreting the history and scope of the FTC. It also notes how the Wheeler-Lea Amendment expanded the Commission’s power to include consumer protection. The second section identifies specific acts and practices used by video game developers (hereinafter “VGDs”) to demonstrate how they fall within the ambit of the FTC Act, either as novel or established violations.6 The second section also applies the most relevant caselaw to the practices of the industry to analyze the applicability of FTC action.