FTC Act Section 5, unfair or deceptive practices in AI and data
FTC Act Section 5, unfair or deceptive practices in AI and data is a federal rule published as 15 U.S.C. § 45. Adopted 1914-09-26, applies from 1914-09-26. In force: In force. The agency applies the section case by case, including to claims made about AI systems and to how data is collected and used.
- FTC Act Section 5, unfair or deceptive practices in AI and data covers deceptive practices, unfair practices and orders and remedies.
- FTC Act Section 5, unfair or deceptive practices in AI and data does not settle whether a single company meets it. That is read in the company's own text and its filings.
- Supervised by U.S. Federal Trade Commission. The text is published by Office of the Law Revision Counsel, United States Code and U.S. Federal Trade Commission.
- The text names technology, retail and consumer, financial services and healthcare.
- ai-act-2024-1689: The EU text sets requirements before a system is placed on the market. The US section is applied afterwards, to conduct and to claims.
- US regulatory register
- Technology
- Retail and consumer
- Financial services
- Healthcare
- U.S. Federal Trade Commission
- AI Act — Regulation (EU) 2024/1689
Identity
| Identifier | 15 U.S.C. § 45 |
|---|---|
| Adopted | 1914-09-26 |
| Applies from | 1914-09-26 |
| Status | In force. The agency applies the section case by case, including to claims made about AI systems and to how data is collected and used. |
| Supervision | U.S. Federal Trade Commission |
| Sectors named | Technology, Retail and consumer, Financial services, Healthcare |
| Risk areas | Consumer protection, Personal data, AI governance |
Requirements in the text
- Deceptive practices, Reference: 15 U.S.C. § 45(a)(1). Statements that mislead a reasonable consumer, including performance claims about AI features.
- Unfair practices, Reference: 15 U.S.C. § 45(n). Practices that cause substantial injury consumers cannot reasonably avoid.
- Orders and remedies, Reference: 15 U.S.C. § 45(b). Consent orders, deletion of data and models, and reporting duties following an action.
Official sources
- 15 U.S.C. § 45, Unfair methods of competition unlawful, Office of the Law Revision Counsel, United States Code
- Legal Library, cases and proceedings, U.S. Federal Trade Commission
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