Over the past decade, the globalization of commerce and the Internet in particular have exponentially accelerated a process that began more than a century ago: the bridging of the commercial gap between buyers and sellers from far-flung points of the globe.1As transactions between businesses and consumers increasingly span borders, the pool of potential victims for perpetrators of consumer fraud has likewise expanded.2Indeed, both fraud against U.S. consumers by foreign businesses and fraud against foreign consumers by U.S. businesses have risen dramatically over the past decade, with the Internet playing a growing role in cross-border fraud.3At the same time, U.S. courts disagree about whether transnational fraud is within the reach of the consumer fraud statutes that have been enforced for over half a century by the Federal Trade Commission (“FTC”), the United States’ principal consumer protection agency
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