How to Approach and Handle an FTC Deposition

September 16, 2024
Andrew Cove

A deposition is a formal statement recorded by a court reporter and is given under oath. The FTC uses these to gather information and evidence during both investigations and formal actions. 

If you are called to give a deposition, approach it thoughtfully and carefully. Understanding the process and preparing effectively significantly affects the outcome. Being well-prepared helps ensure your testimony is clear, accurate, and aligned with the strategy you and your attorney have mapped out. It also makes you feel more confident and in control during a process that can be intimidating.

Basic Guidelines To Use When Being Questioned 

The questions may be designed to elicit specific information or catch you off guard. Take your time to fully understand what is being asked before responding. If the question is unclear, ask the FTC lawyer to clarify or rephrase it. Always tell the truth – but avoid filling in silences or providing additional details beyond what was asked. Volunteering extra information can inadvertently open up new lines of questioning. 

Remember that every word you say is recorded and can be used against you later. Be deliberate and be precise. If you don’t know the answer to a question or can’t remember specific details, it’s better to say so than to guess. Speculating creates inconsistencies in your testimony. Also, resist the urge to explain or justify your answers. Stick to short, direct responses and let your attorney handle any follow-up questions. If you realize that you’ve made a mistake in your answer, don’t hesitate to correct it immediately. It’s better to clarify an error on the spot than to let it stand uncorrected in the official record.

Bring and Review Relevant Documents

Before your deposition, talk to your attorney about which documents will be relevant to the FTC’s investigation. This often includes emails, reports, or company policies. Review these documents beforehand so you can provide accurate answers during the deposition. These documents may be referenced during questioning, so reviewing them makes it easier to answer. 

Documents can also support your testimony and ensure that your answers are consistent with the evidence. For example, if the FTC is investigating specific transactions, review all relevant contracts, emails, and financial records that pertain to those transactions. Being familiar with these documents allows you to answer questions more confidently and reduce the likelihood of being caught off guard and responding inaccurately. Knowing where to find specific information within these documents is also helpful. This can be particularly important if asked to reference a particular part of a report or email chain during the deposition.

Aside from preparing you more generally, your attorney can also help you identify any sensitive or potentially problematic documents. These include communications that could be interpreted negatively or documents that contain information that is not directly relevant to the investigation but could be misconstrued. By reviewing these materials in advance, you can prepare responses that acknowledge the content of the documents without offering unnecessary or overly defensive explanations that could complicate your testimony.

Moreover, bringing copies of the documents to the deposition can be helpful if the FTC lawyer asks for clarification or needs to see the specific information you’re referencing. This shows you are well-prepared and transparent, which can help build credibility. However, always consult your lawyer before presenting any documents to ensure they are properly vetted, are helpful, and are relevant to the questioning.

Finally, be aware that the FTC may already have copies of certain documents, which may have been obtained through subpoenas or other legal processes. Reviewing these documents beforehand allows you to better anticipate questions the FTC might ask. It prepares you to respond truthfully in a way consistent with the evidence they already possess. This preparation helps to avoid surprises and ensures that your testimony aligns with the documentary evidence on record.

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Listening carefully to each question and bringing the correct documents ensures you provide accurate and helpful testimony. Schedule a free consultation if you need assistance preparing for a deposition or dealing with an FTC investigation. We can help guide you through the process and protect your interests.

Andrew Cove
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