The Federal Trade Commission announced its first enforcement action alleging that discriminatory use of artificial intelligence was an unfair practice under Section 5 of the FTC Act on December 19, 2023. 

The enforcement action signals that the FTC is using and will continue to use its Section 5 unfairness authority to require reasonable safeguards on the use of automated tools, including those relying on facial recognition and other biometric technology, to ensure their accuracy and absence of bias. What is more, the case provides the most concrete guidance from the FTC to date regarding the measures that the FTC would like to see companies take to help ensure that AI systems operate accurately and without bias.

Read the full Update here.

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Photo of Erin K. Earl Erin K. Earl

Erin Earl defends companies in high-stakes privacy and security litigation and government agency investigations, including inquiries from the Federal Trade Commission (FTC) and state attorneys general.

Photo of Janis Kestenbaum Janis Kestenbaum

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security…

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security, and consumer protection issues.

Photo of Saroop Sandhu Saroop Sandhu

While earning her J.D. from the University of California, Berkeley, School of Law, Saroop Sandhu served on the board of the Coalition for Diversity and was a member of the Women of Color Collective, South Asian Law Student Association, and the Asian American…

While earning her J.D. from the University of California, Berkeley, School of Law, Saroop Sandhu served on the board of the Coalition for Diversity and was a member of the Women of Color Collective, South Asian Law Student Association, and the Asian American Law Journal.