News & Analysis as of

Algorithms Fair Credit Reporting Act (FCRA)

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Legislative Update: New Technology, Privacy and Cybersecurity Laws

The Regular Session of the 95th General Assembly is set to adjourn sine die on Monday, May 5, 2025. During this session, the Arkansas legislature passed several bills relating to technology, privacy and cybersecurity which...more

McGlinchey Stafford

CFPB Issues New Guidance on AI in Employment Decisions

McGlinchey Stafford on

Technology—what did we ever do without it? There are many technological programs at an employer’s disposal, ranging from checking a candidate’s background during the application process to surveilling employee activity by...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CFPB Issues Guidance With Aggressive Interpretation of FCRA Applicability to Employee Monitoring and Screening Tools

The Consumer Financial Protection Bureau (CFPB) recently issued guidance that takes an aggressive position regarding the scope of the Fair Credit Reporting Act (FCRA) as covering certain employee monitoring and assessment...more

Cozen O'Connor

CFPB Warns Employers That Use of Third-Party Consumer Reports Must Be Fair

Cozen O'Connor on

The CFPB issued guidance regarding “Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions.” In the guidance, the CFPB warns that, like credit reports used by lenders to make lending...more

Holland & Hart LLP

Employer Beware: Adhere to FCRA When Using Background Dossiers

Holland & Hart LLP on

Worker Tracking and Surveillance Policy - The Consumer Financial Protection Bureau (CFPB) issued a policy clarifying that employers who use third-party data and algorithmic scores for hiring, firing, and other employment...more

Pillsbury - Internet & Social Media Law Blog

From Encryption to Employment, U.S. Federal Agencies Brace for the Effects of Quantum Computing, AI and More

In this week’s edition of Consumer Protection Dispatch, we look at the latest regulatory developments from the U.S. Department of Commerce, Consumer Financial Protection Bureau, and the Securities and Exchange Commission...more

Troutman Pepper Locke

FTC Releases 2023 Privacy and Data Security Update

Troutman Pepper Locke on

On March 28, the Federal Trade Commission (FTC) released a Privacy and Data Security Update, highlighting the FTC’s activities in recent years through December 2023. The FTC underscored its work on issues related to...more

ArentFox Schiff

The Federal Trade Commission and Artificial Intelligence

ArentFox Schiff on

Artificial intelligence (AI) burst into the public consciousness less than one year ago, with OpenAI’s highly successful public release of ChatGPT. Since then, AI-enabled products and services have proliferated throughout the...more

Proskauer Rose LLP

Employment Issues in Generative AI

Proskauer Rose LLP on

The second webinar in our series, “Employment Issues in Generative AI,” explored the evolving impact of generative AI (or “GAI”) on the workplace and how employers can work to ensure the ethical and responsible use of AI...more

Proskauer Rose LLP

Government Enforcement

Proskauer Rose LLP on

The last webinar in our series concerned AI and government enforcement. Companies are currently gauging how government will focus enforcement efforts in this new, emerging area by looking to a few guideposts. The first is...more

Perkins Coie

CFPB Requests Information About Data Brokers for Planned Rulemaking

Perkins Coie on

The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practices of data brokers, which the agency said will assist it in “planned...more

Fox Rothschild LLP

The EU Is Preparing for Artificial Intelligence. What About the US?

Fox Rothschild LLP on

The European Union is gearing up to regulate AI, but what is the U.S. doing? •There are new Federal algorithmic transparency bills being filed: •The Algorithmic Accountability Act of 2022, introduced by Senator Ron Wyden...more

Sheppard Mullin Richter & Hampton LLP

FTC 2022 Regulatory Priorities to Include Privacy and Security

As we look to 2022, a question on many companies’ minds is what actions we will see from the FTC. Two recent developments are important on that front. First, the FTC recently signaled its intent to initiate rulemaking on...more

Hogan Lovells

AI & Algorithms (Part 4): The FTC’s Guidance on AI

Hogan Lovells on

Although the U.S. has no federal law that specifically regulates artificial intelligence (AI), the Federal Trade Commission (FTC) has indicated that it may be preparing to exercise its consumer protection authority with...more

Pillsbury - Internet & Social Media Law Blog

The FTC Urges Companies to Confront Potential AI Bias … or Else

It might be a little meta to have a blog post about a blog post, but there’s no way around it when the FTC publishes a post to its blog warning companies that use AI to “[h]old yourself accountable—or be ready for the FTC to...more

Davis Wright Tremaine LLP

FTC Warns of Greater Scrutiny Over Biased AI, Offers Best Practices to Mitigate Potential Harm

Building on prior guidance issued in 2020, the Federal Trade Commission (FTC) recently warned in a new blog post that it will use its authority under existing laws to take enforcement action against companies that sell or use...more

Wiley Rein LLP

FTC Outlines Approach to Discrimination in AI and Foreshadows Potential Enforcement

Wiley Rein LLP on

A recent blog post from the Federal Trade Commission (FTC) provides direct guidance on the FTC’s approach to Artificial Intelligence (AI) bias and signals potential enforcement in this area. The post—entitled Aiming for...more

Jackson Lewis P.C.

FTC’s Tips On Using Artificial Intelligence And Algorithms

Jackson Lewis P.C. on

Artificial intelligence (AI) technology that uses algorithms to assist in decision-making offers tremendous opportunity to make predictions and evaluate “big data.” The Federal Trade Commission (FTC), on April 8, 2020,...more

Cooley LLP

Alert: AI and Algorithms: FTC Issues Guidance for Companies Amid Heightened Scrutiny

Cooley LLP on

Even before the COVID-19 crisis, artificial intelligence and algorithms, particularly in the context of pricing, were a focus of the Federal Trade Commission and the Department of Justice’s Antitrust Division. With the...more

Holland & Knight LLP

Navigating Artificial Intelligence and Consumer Protection Laws In Wake of the COVID-19 Pandemic

Holland & Knight LLP on

The Federal Trade Commission's (FTC) Bureau of Consumer Protection Director Andrew Smith issued a statement on Using Artificial Intelligence and Algorithms, providing added insight into how the FTC assesses a company's use of...more

Ballard Spahr LLP

FTC offers advice on use of artificial intelligence and algorithms

Ballard Spahr LLP on

Andrew Smith, Director of the FTC Bureau of Consumer Protection, has written a blog post, “Using Artificial Intelligence and Algorithms,” in which the FTC “offer[s] important lessons about how companies can manage the...more

Eversheds Sutherland (US) LLP

NYDFS Makes Inquiry into Life Insurers’ Use of Algorithmic Underwriting

On June 29, 2017, the New York Department of Financial Services (NYDFS) issued an information request pursuant to Section 308 of the New York Insurance Law addressed to all life insurers and fraternal benefit societies...more

Zelle  LLP

That is SO last week - October 2015 #3

Zelle LLP on

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...more

Carlton Fields

Catching Up To Insurers’ Use of Big Data

Carlton Fields on

Various groups within the NAIC are beginning to study the way in which insurers are using big data. On the property and casualty front, the Market Regulation (D) (Market Reg) Committee is reviewing the use of big data in...more

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