FTC AI Guidance (2021)

FTC Business Guidance — Aiming for Truth, Fairness, and Equity in Your Company's Use of AI
United States · FTC Business Guidance (Apr. 19, 2021)

Status
In effect
Took effect
April 19, 2021
Applies to
All companies subject to FTC jurisdiction using AI
Enforced by
Federal Trade Commission

FTC's foundational AI compliance blog warning that biased algorithms can violate FTC Act Sec. 5, FCRA, and ECOA. Sets the agency's enforcement posture on deceptive and unfair AI practices.

Who is protected: Consumers from biased or deceptive AI

Legal detail

FTC business guidance signed by then-Bureau Chief Elisa Jillson: (1) start with the right foundation (training-data audits); (2) watch out for discriminatory outcomes; (3) be transparent; (4) tell the truth about AI; (5) do more good than harm; (6) hold yourself accountable. Cited in subsequent FTC enforcement actions including Rite Aid (facial recognition) and Weight Watchers (children's data).

Key facts

JurisdictionUnited States
LevelFederal
StrengthLimited
EnactedApril 19, 2021
CitationFTC Business Guidance (Apr. 19, 2021)
Private right of actionNo, agency enforcement only
PenaltiesFTC Act Sec. 5 + sectoral statute penalties
Topicsconsumer protection · automated decision-making
Agency pageAiming for truth, fairness, and equity in your company's use of AI — FTC

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