What constitutes a claim under the Federal Trade Commission Act?

MultiRegion, United States of America

The following excerpt is from Broudy v. U.S., 722 F.2d 566 (9th Cir. 1983):

A claim under the FTCA "shall be deemed to have been presented when a Federal agency receives from a claimant ... an executed Standard Form 95 or other written notification of an incident, accompanied by a claim for money damages in a sum certain." 28 C.F.R. Sec. 14.2(a). In Avery v. United States, 680 F.2d 608, 611 (9th Cir.1982), we noted that section 2675(a) was not intended to allow an agency to insist on proof of a claim to its satisfaction before the claimant becomes entitled to a day in court. We concluded that "a skeletal claim form, containing only the basic elements of notice of accident and injury and a sum certain representing damages, suffices to overcome an argument that jurisdiction is lacking." Id. at 610.

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