Court Denies FTC FOIA Fees

The Functional Government Initiative sued the FTC in October 2022, alleging the agency failed to make a timely determination on a request and wrongfully withheld records.

The group sought records about a baby formula shortage in an August 2022 request.

The FTC designated the request as complex because it sought records from multiple offices separate from the agency’s FOIA office.

On September 7, 2022, the FTC responded that it would be unable to meet the statutory 20-business day deadline because of unusual circumstances.

The agency cited the need to search for and collect records from facilities separate from the office processing the request.

After the lawsuit was filed, the FTC continued to search for and process records.

The agency collected 12,700 records from 18 offices between August 2022 and May 2023.

The FTC identified 5,464 of those records as initially responsive, a number that later decreased after discussions with the plaintiff.

The court denied the plaintiff’s motion for attorney’s fees and costs under the Freedom of Information Act.