News & Analysis as of

Section 5 Artificial Intelligence

WilmerHale

Year in Review: 2025 Artificial Intelligence-Privacy Litigation Trends

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As AI systems became more deeply embedded in consumer‑facing products and services throughout 2025, regulators and private plaintiffs continued to test how existing privacy and consumer‑protection laws apply to the...more

Perkins Coie

Privacy Law Recap 2025—FTC Enforcement

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This past year saw significant change at the Federal Trade Commission, as Andrew Ferguson was appointed chairman by President Donald Trump, replacing Lina Khan, who served as chair during the Biden administration. ...more

Hinch Newman LLP

Restrictions Imposed on Use of FTC “Means and Instrumentalities” Liability

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The Federal Trade Commission utilizes a number of remedial theories when attempting to hold a bad actor liable for the actions of a third party. One such theory is known as “means and instrumentalities” liability, where a...more

Venable LLP

The FTC Walks Back Its Rytr Enforcement Action, Signaling a Shift in Federal AI Regulation

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In a rare course correction, the Federal Trade Commission (FTC) has reopened and vacated its 2024 consent order against Rytr LLC, a generative AI-powered company. The unusual move reflects a significant strategic reset of how...more

Ervin Cohen & Jessup LLP

A Roadmap for Companies Developing, Deploying or Implementing Generative AI

Generative artificial intelligence is moving from experimental pilot projects into enterprise-wide deployment at an unprecedented pace. Yet as companies accelerate adoption, regulatory bodies in the United States and abroad...more

Venable LLP

FTC Bureau of Consumer Protection Director on Privacy Rules and AI Regulation

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Chris Mufarrige, the director of the FTC’s Bureau of Consumer Protection, spoke last week at the National Advertising Division’s Annual Conference in Washington, providing further insight into how the FTC is thinking about...more

Perkins Coie

FTC Files New “AI Washing” Case

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On August 25, 2025, the Federal Trade Commission filed a complaint against Air AI, alleging the company and its owners made overblown claims about the availability and capabilities of its artificial intelligence (AI) tools to...more

Holland & Knight LLP

FTC Evaluating Deceptive Artificial Intelligence Claims

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The Federal Trade Commission (FTC) has shown a growing interest in scrutinizing deceptive claims related to artificial intelligence (AI). This interest stems from the agency's core mission to protect consumers and ensure fair...more

Troutman Pepper Locke

How Cos. Can Use Data Clean Rooms to Address Privacy

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Businesses are constantly seeking innovative ways to improve their customers’ experiences. Originally published in Law360 - February 10, 2025....more

Hudson Cook, LLP

FTC Takes Action against AI Company over Deceptive Accuracy Claims about AI Content Detection

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On April 24, 2025, the Federal Trade Commission (FTC) finalized a Decision and Order against an Artificial Intelligence (AI) Company (the "Company"), alleging that it made false and unsubstantiated claims about its AI Content...more

Hogan Lovells

Antitrust Year in Review and a Look Ahead to 2025

Hogan Lovells on

There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more

BakerHostetler

FTC’s Operation AI Comply - Let’s Discuss Dissents

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On September 25, 2024, the Federal Trade Commission (FTC) announced five administrative complaints and proposed orders involving companies that – according to the agency’s press release – have allegedly relied on artificial...more

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

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On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more

Holland & Knight LLP

An FTC Official Speaks About the Regulation of AI Technology

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In this episode of his "Clearly Conspicuous" podcast series, "An FTC Official Speaks About the Regulation of AI Technology," consumer protection attorney Anthony DiResta dives into insights from Michael Atleson, a senior...more

Fenwick & West LLP

FTC Wants to Ban AI-Powered Impersonation

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On February 15, 2024, the FTC published the Rule on Impersonation of Government and Businesses, permitting the FTC to file federal court cases directly against scammers to return the money made while impersonating government...more

Perkins Coie

FTC Signals Tough Line in First AI Discrimination Case Under Section 5

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

Orrick, Herrington & Sutcliffe LLP

FTC report details key takeaways from AI and creative fields panel discussion

On December 18, the FTC released a report highlighting key takeaways from its October panel discussion on generative artificial intelligence (AI) and “creative industries.” As previously covered by InfoBytes, the FTC hosted a...more

Holland & Knight LLP

2023 Artificial Intelligence Regulation: An Update from a Senior FTC Official

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Holland & Knight hosted Michael Atleson, a senior attorney for the Federal Trade Commission (FTC or Commission), for a webinar presentation on Nov. 7, 2023. Mr. Atleson has been with the FTC for nearly two decades and...more

WilmerHale

AI and Copyright

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Over the last few months, the Federal Trade Commission (FTC) has voiced an increasing interest in AI-generated content and copyright law. In an August 2023 Business Blog entitled “Can’t Lose What You Never Had: Claims About...more

Kelley Drye & Warren LLP

FTC Warns That Deceptive AI Content Ownership Claims Violate the FTC Act

The buzz around generative AI has raised many IP-related questions, such as the legality of using IP to train AI algorithms or ownership of AI-generated content. But the FTC warns that claims about content ownership don’t...more

Shook, Hardy & Bacon L.L.P.

Where is AI Regulation Heading and What Can Companies Do to Prepare?

Artificial intelligence (AI) is top of mind for companies, and while early adoption of this technology has strategic value, companies that do so with an eye on regulation will be better positioned to defend their use of AI....more

Sunstein LLP

ChatGPT: Is Theft a Bug or a Feature?

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ChatGPT has been making headlines lately. The lawyer who obtained fake judicial holdings from ChatGTP and then cited them in his brief to the court is the most recent example...more

Woods Rogers

FTC Opens Consumer Protection Investigation of OpenAI, Creator of ChatGPT

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The Investigation - The Federal Trade Commission (FTC) recently opened an investigation into OpenAI, creator of ChatGPT, to determine whether the artificial intelligence company violated consumer protections laws. According...more

Morgan Lewis

The United States’ Approach to AI Regulation: Key Considerations for Companies

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Despite the media headlines that may lead one to believe that there are no laws applicable to artificial intelligence (AI) in the US, existing federal and state laws apply, along with a series of frameworks issued by various...more

McDermott Will & Schulte

AI Advertising: The FTC Prepares for Battle

On February 27, 2023, the Federal Trade Commission (FTC) published guidance aimed at artificial intelligence (AI) advertising claims. After the massively successful beta release of OpenAI’s ChatGPT, many companies, big and...more

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