Federal Trade Commission v. Glenn W. Turner

*744VANCE, Circuit Judge:

This case raises the question of the power of the Federal Trade Commission (F.T.C.) to use an investigational subpoena to ascertain whether the subject of a cease and desist order has sufficient financial resources to make worthwhile a civil damage action for consumer redress. We hold that the F.T.C.’s otherwise broad investigatory powers do not extend far enough to justify our enforcing such an investigational subpoena.

On November 18, 1975, the F.T.C. issued a cease and desist order against Glenn W. Turner and others. Koscot Interplanetary, Inc., 86 F.T.C. 1106 (1975),…