SEC AI-washing settlement

SEC v. Delphia & Global Predictions — First AI-Washing Enforcement
United States · In re Delphia (USA) Inc., Securities Act Rel. No. 11264 (Mar. 18, 2024); In re Global Predictions Inc., Securities Act Rel. No. 11265 (Mar. 18, 2024)

Status
In effect
Took effect
March 18, 2024
Applies to
Registered investment advisers and broker-dealers marketing AI/ML capabilities
Enforced by
Securities and Exchange Commission

The SEC charged two investment advisers — Delphia (USA) and Global Predictions — with making false and misleading statements about using AI and machine learning. The firms paid $400,000 combined in civil penalties. It was the SEC's first 'AI-washing' enforcement action and signals scrutiny of overstated AI capability claims in financial services.

Who is protected: Retail investors and advisory clients

Legal detail

SEC orders (33-11264 / 34-99704; 33-11265 / 34-99705) under Securities Act § 17(a)(2) and Investment Advisers Act § 206(2) and (4): Delphia falsely claimed it used 'collective data' to power an AI that 'predicts which companies and trends are about to make it big'; Global Predictions falsely claimed to be the 'first regulated AI financial advisor.' $225K and $175K penalties respectively; cease-and-desist orders.

Key facts

JurisdictionUnited States
LevelFederal
StrengthModerate
EnactedMarch 18, 2024
CitationIn re Delphia (USA) Inc., Securities Act Rel. No. 11264 (Mar. 18, 2024); In re Global Predictions Inc., Securities Act Rel. No. 11265 (Mar. 18, 2024)
Private right of actionNo, agency enforcement only
Penalties$225K (Delphia) + $175K (Global Predictions) civil penalties; cease-and-desist
Topicsconsumer protection · AI disclosure and transparency · automated decision-making
Agency pageSEC Charges Two Investment Advisers with Making False and Misleading Statements About Their Use of Artificial Intelligence

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