This Practice Note is an overview of the basic criteria for determining whether business acts or practices are unfair or deceptive to consumers under the Federal Trade Commission Act (FTC Act) as set out by the FTC in its policy statements. The FTC policy statements include the FTC Policy Statement on Unfairness, which focuses on conduct that causes substantial consumer injury that cannot be reasonably avoided and is not outweighed by countervailing benefits, and the FTC Policy Statement on Deception, which focuses on material representations, omissions, and practices that are likely to mislead and injure consumers acting reasonably in the circumstances.