Federal Trade Commission v. MTK Marketing, Inc.

D.W. NELSON, Circuit Judge:

To resolve the instant appeal, we must determine whether the Federal Trade Commission (“FTC”) is a “person” entitled to enforce liability on a surety bond. We conclude that it is.

FACTUAL AND PROCEDURAL BACKGROUND

This case calls upon us to interpret Article 1.4 of California’s Telephone Sellers Act (“Act”), which regulates the practices of telephone solicitors. Cal. Bus. & Prof.Code §§ 17511-17511.12. The Act provides:

It is the intent of the Legislature in enacting this article to (1) provide each prospective telephonic sales purchaser with information necessary to…