failed to meet the jurisdictional minimum is rejected.
The Defendant also contends that the Plaintiff has no private right of action under section 5 of the Federal Trade Commission Act ("FTCA"), 15 U.S.C. § 45. The FTCA does not provide such a private right of action. Holloway v. Bristol-Myers Corp., 158 U.S. App. D.C. 207, 485 F.2d 986, 987-1002 (D.C. Cir. 1973); accord Pan American World Airways v. United States, 371 U.S. 296, 306, 9 L. Ed. 2d 325, 83 S. Ct. 476 (1963) (dictum); Federal Trade Comm'n v. Klesner, 280 U.S. 19, 25, 74 L. Ed. 138, 50 S. Ct. 1 (1929); Polansky v. Trans World Airlines, Inc., 523 F.2d 332, 339 (3d Cir. 1975). "A fair reading of the statute and its legislative history evinces a plain intent by Congress to make the administrative program for enforcing the Federal Trade Commission Act an exclusive one." Holloway, 485 F.2d at 1002. Consequently, the portion of the Defendant's summary judgment motion relating to failure to state a claim is granted.
The Court notes that the Plaintiff in the instant case is not represented by counsel. He is a pro se plaintiff. For this reason and because the Defendant did not submit a formal summary judgment motion, the Court construes the Plaintiff's pleadings liberally. The Court finds that the Plaintiff has stated a common law contract claim in his Complaint. That cause of action is not dismissed as a result of this opinion.
The Plaintiff's Motion for Summary Judgment, which addresses the two issues outlined above, is denied because the Court concludes that he has no private right of action.
An appropriate Order shall issue.
And now, this 19th day of December, 1984, in conformity with the foregoing Memorandum Opinion, the Plaintiff's Motion for Summary Judgment is DENIED, and the Defendant's Motion for Summary Judgment is GRANTED. Accordingly, the Plaintiff's claim pursuant to the Federal Trade Commission Act is STRICKEN.
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