Is the Federal Trade Commission FOIA program still in operation?

In light of recent developments at the Federal Trade Commission under the current administration — including staffing reductions and a temporary 2025 government shutdown — many observers and researchers are questioning whether the FTC’s Freedom of Information Act (FOIA) program is still functioning. The answer remains: yes — the FOIA program is still formally operational, but its capacity and responsiveness appear diminished under current conditions.

The FTC continues to administer FOIA through its Office of General Counsel (OGC), which processes all FOIA requests. As of the 2024 fiscal year, the FTC’s FOIA Unit comprised four attorneys, five government-information specialists, and one paralegal, with occasional support from contractors and other staff. In that year, the agency processed 1,919 requests (and 29 appeals), up from 1,812 in 2023. The agency’s publicly available “FOIA Handbook,” last updated in April 2025, continues to outline how requests should be submitted, what records are on the public record, and how exemptions are applied.

The FTC’s website still provides instructions for submitting a FOIA request via its online portal, email, fax, or mail. That means requests remain legally eligible — including those related to for-profit colleges, student loan servicers, institutional behavior, complaints, or decision-making memos.

However, HEI’s own experience in 2025 highlights some of the challenges with the FTC’s current FOIA responsiveness. In January 2025, we submitted a FOIA request asking for a record of complaints against the University of Phoenix, but have no record of a response. In August 2025 we did receive a substantive response related to complaints regarding a student loan company, but the number of complaints appeared lower than we expected. On November 30, 2025, we received an automated response to our FOIA request about AidVantage, a student loan servicer and subsidiary of Maximus. While we did receive a reply, it reflected a stale message stating they would respond after the government reopened — even though the government had reopened on November 13.

These examples illustrate that while FOIA is formally operational, actual responsiveness has deteriorated. For years, HEI had a good relationship with the FTC, obtaining critical information for a number of investigations in a timely manner. It remains to be seen whether that reliability can be restored.

Compounding the issue are broader staffing and operational changes at the FTC. In testimony before Congress in May 2025, FTC Chair Andrew N. Ferguson reported that the agency began FY 2025 with about 1,315 personnel but had reduced to 1,221 full-time staff, with plans to potentially reduce further to around 1,100 — the lowest level in a decade. These staffing reductions coincide with scaled-back discretionary activities, such as rulemaking, public guidance publishing, and outreach. During the October 2025 lapse in government funding, the FTC announced that FOIA requests could still be submitted but would not be processed until appropriations resumed.

For researchers, journalists, and advocates — including those pursuing records related to for-profit colleges, student loan servicers, regulatory decisions, or historical investigations — FOIA remains a legally viable tool. The path is open, though response times are slower, staff resources are constrained, and releases may be more limited, especially for sensitive or exempt material.

Sources

Congressional budget testimony on FTC staffing and budget: https://www.congress.gov/119/meeting/house/118225/witnesses/HHRG-119-AP23-Wstate-FergusonA-20250515.pdf

FTC FOIA Handbook (April 2025): https://www.ftc.gov/system/files/ftc_gov/pdf/FOIA-Handbook-April-2025.pdf

FTC 2024 Chief FOIA Officer Report (staffing, request volume): https://www.ftc.gov/system/files/ftc_gov/pdf/chief-foia-officer-report-fy2024.pdf

FTC website instructions for submitting FOIA requests: https://www.ftc.gov/foia/make-foia-request

FTC 2025 shutdown plan showing FOIA processing paused during funding lapse: https://www.ftc.gov/ftc-is-closed

Reporting on FTC removal of business-guidance blogs in 2025: https://www.wired.com/story/federal-trade-commission-removed-blogs-critical-of-ai-amazon-microsoft/

New Data Show Nearly a Million University of Phoenix Debtors Owe $21.6 Billion Dollars

The Higher Education Inquirer has just received a Freedom of Information Act (FOIA) response from the US Department of Education, stating that about 971,000 current student loan debtors who have attended the University of Phoenix have accumulated an estimated $21.6B in debt. The FOIA is Department of Education FOIA 23-02912-F. These debt numbers are consistent with a previous HEI analysis. 

We have been unable to learn whether this accumulated debt includes the hundreds of millions in debt that has already been forgiven--and that its present and future owners may be liable for. In 2023, we reported that approximately 73,000 debtors from the University of Phoenix had filed borrower defense fraud claims, and that more than 19,000 cases were granted immediate relief in the Sweet v Cardona settlement.

Through another FOIA request, we also discovered 6,265 consumer complaints in the Federal Trade Commission database made after its current owners took over. In 2019, the FTC and the University of Phoenix settled a claim for $191M for deceptive employment claims. It would appear that Phoenix has not done enough to clean up its act.  

The Higher Education Inquirer has been working for more than six years to get data about the school's noncompliance with the Department of Defense Tuition Assistance (TA) program, where servicemembers have been systematically preyed upon--and where Trump officials and their surrogates worked to cover up malfeasance by subprime schools--including the University of Phoenix. We hope to report on this topic later.  

The University of Phoenix is presently owned by Apollo Global Management and Vistria Group, who have been unsuccessfully trying to sell the school for at least three years. Previous potential suitors, held to secrecy, have included Tuskegee University, UMass Global, and the University of Arkansas System. 

Apollo Global Management is currently negotiating with the State of Idaho, which would incur $685M in debt to acquire the school. State officials are wary of the deal, and those with strong principles are unlikely to approve. But it's possible that other politicians may change their minds: if they or their families are properly compensated, directly or indirectly, for taking the risks to their reputations and careers. 

Related links:

ED Completes Pre-Acquisition Review for University of Phoenix Deal. University of Idaho Continues Hiding Details of Transaction Fees, 43 Education "High-Risk" Bonds.

How University of Phoenix Failed. It's a Long Story. But It's Important for the Future of Higher Education.

Fraud Claims Against University of Phoenix Continue to Mount

University of Phoenix articles 

Borrower Defense articles