News & Analysis as of

Unfair or Deceptive Trade Practices Algorithms

Cozen O'Connor

Missouri to Require Social Media Companies to Offer Algorithmic Choice

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Missouri AG Andrew Bailey is issuing a regulation requiring social media companies to offer algorithmic choice for users in the state. Under the rule, it will be an unfair, deceptive, or fraudulent practice under the Missouri...more

Troutman Pepper Locke

Missouri AG Announces New Rule for Big Tech

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Missouri’s attorney general (AG) announced on X.com (formerly Twitter) that he is “issuing a rule requiring Big Tech to guarantee algorithmic choice for social media users.” [X.com post (January 17, 2025, roughly 3:35 p.m....more

Seyfarth Shaw LLP

FTC Workshop Targets Digital Marketplaces for Potential Predatory Pricing Claims

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During a recent virtual workshop hosted by the Federal Trade Commission (FTC), academics, trade association representatives, and two FTC commissioners advocated for change in the application of Section 2 of the Sherman Act to...more

Dechert LLP

Dechert Cyber Bits - Issue 63

Dechert LLP on

FTC Staff Report on Social Media Platforms’ Privacy and Security Practices - On September 19, 2024, the Federal Trade Commission (“FTC” or the “Commission”) announced the release of its staff report, “A Look Behind the...more

Ballard Spahr LLP

The FTC Announces New Enforcement Actions Against Certain Businesses for Engaging in “Deceptive AI” Practices

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As part of a new enforcement initiative called “Operation AI Comply,” the FTC recently announced that it has brought the following five enforcement actions against businesses that use or sell AI tools in a manner that the FTC...more

Venable LLP

Federal Agencies Increase Focus on Pricing Enforcement

Venable LLP on

Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of...more

Stinson LLP

Colorado Legislation Tackles Algorithmic Discrimination in AI

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Colorado is the first state to enact a comprehensive artificial intelligence (AI) law to protect consumers against discrimination after a nearly identical bill failed to pass in Connecticut. The purpose of the Colorado...more

Jones Day

Colorado Enacts AI Consumer Protection Legislation

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On May 17, 2024, Colorado enacted S.B. 24-205 (the "Act"), which imposes a duty of reasonable care on developers and deployers of high-risk artificial intelligence ("AI") systems to protect consumers from risks of algorithmic...more

Holland & Knight LLP

Podcast - Part 2: An FTC Official Speaks About the Regulation of AI Technology

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In this episode of his "Clearly Conspicuous" podcast series, "Part 2: An FTC Official Speaks About the Regulation of AI Technology," consumer protection attorney Anthony DiResta continues his discussion on the Federal Trade...more

Pillsbury Winthrop Shaw Pittman LLP

California’s Ban on Drip Pricing Begins July 1, 2024

Starting July 1, businesses transacting with California consumers must include “all mandatory fees or charges” in advertised prices. California’s self-proclaimed “most effective in the nation” ban on drip pricing goes into...more

ArentFox Schiff

FTC Makes Statement on Connected Vehicle Data as Major Automaker Faces Class Action for Data Sharing Practices

ArentFox Schiff on

Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more

Ballard Spahr LLP

FTC Warns That “Quietly Changing” Privacy Policies May Be an Unfair or Deceptive Practice

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The FTC published guidance warning companies that “[i]t may be unfair or deceptive for a company to adopt more permissive data practices—for example, to start sharing consumers’ data with third parties or using that data for...more

Troutman Pepper Locke

FTC Says Unilateral Policy Changes for AI Product Development Could be Unfair or Deceptive

Troutman Pepper Locke on

On February 13, the Federal Trade Commission (FTC) released a blog post warning companies that it could be deemed an unfair or deceptive practice for a company to adopt more permissive data practices and to only inform...more

Quarles & Brady LLP

Privacy Priorities for 2024 (and Beyond)

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The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon....more

Mintz - Antitrust Viewpoints

FTC Warns AI Companies to Honor Privacy and Confidentiality Commitments — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. On January 9, 2024, the Federal Trade Commission (FTC or Commission) published...more

Holland & Knight LLP

Podcast - Unlawful Discrimination by Artificial Intelligence

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In this episode of his "Clearly Conspicuous" podcast series, "Unlawful Discrimination by Artificial Intelligence," consumer protection attorney Anthony DiResta explores the emerging world of artificial intelligence (AI). He...more

Cozen O'Connor

FTC, DOL Partner to Protect Workers

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The FTC and the U.S. Department of Labor (DOL) signed an agreement to increase inter-agency cooperation in combatting anticompetitive behavior and unfair and deceptive acts and practices that harm workers....more

Holland & Knight LLP

The FTC Is Regulating AI: A Comprehensive Analysis

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Artificial Intelligence (AI) is rewriting norms and changing the way we interact with the world. It is likely AI will have an outsized impact on every facet of life; this could be the start of the next technological...more

Orrick, Herrington & Sutcliffe LLP

Federal agencies reaffirm commitment to confront AI-based discrimination

On April 25, the CFPB, DOJ, FTC, and Equal Employment Opportunity Commission released a joint statement reaffirming their commitment to protect the public from bias in automated systems and artificial intelligence (AI). ...more

Jones Day

Japanese Court Holds That a Customer-Review Algorithm Change Abused "Superior Bargaining Power"

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In a novel decision, the Tokyo District Court held that a restaurant review platform's unilateral change to its rankings algorithm violated a Japanese antitrust law that prohibits abuse of "superior bargaining power." The...more

Buchalter

Loan Providers Using Automated Decision-Making Face New Wave of Regulatory Pressure

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Automated and algorithmic decision-making tools have become run-of-the-mill in everything from loan and apartment applications to employment searches and university acceptances. Such tools provide increased efficiency,...more

Wiley Rein LLP

Wiley Consumer Protection Download (March 8, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Jenner & Block

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB

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Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators this year, Jenner & Block attorneys predict. Accuracy and...more

Benesch

Federal Trade Commission Looking at New Rules to Combat Discrimination in Algorithms and Poor Security Practices

Benesch on

The brief FTC note indicates the agency will look to combat poor security practices, protect against the misuse of personal information, and discrimination arising from algorithmic decision-making. Last month, the...more

Jackson Walker

Proposed Bill Seeks to Limit the Audacity of Opacity on the Internet

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Online platforms may soon face restrictions on how they use personal data to customize content and information feeds to users. Recently proposed bipartisan legislation in the U.S. House of Representatives aims to...more

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