Cause of Action v. FTC, No. 13-5335 (D.C. Cir. 2015)
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Action, a nonprofit organization, filed a series of three Freedom of Information Act (FOIA), 5 U.S.C. 552, requests with the Federal Trade Commission seeking records related to the Commission's guides for the use of product endorsements in advertising. At issue is who should pay the costs of satisfying those requests. The Commission and the district court rejected Action’s claims for fee waivers regarding its first and second FOIA requests, and then concluded that Action’s claims regarding its third request were moot. The court concluded, however, that Action's claims regarding its third request were not moot because the Commission has not produced without charge all the non-exempt documents Action sought in its third request. Therefore, Action's entitlement to a public-interest or news-media fee waiver
must be reconsidered in light of the full agency record and the clarifications set out by the court. The court remanded for further proceedings.
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