Some complain that the FTC’s cases are never litigated and thus are not law. Why are not more FTC cases litigated? The class action suit against Trump University demonstrates one reason. In that case, discovery has turned up calling scripts and the like that portray the organization negatively.

Modern businesses, in order to swindle big, need employees and infrastructure. Managing those employees and infrastructure requires recordkeeping, and that paperwork is enough to prove the FTC’s case. So defendants often roll over because their own documents offer a roadmap of its deceptive/unfair practices.