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On May 18, 2023, the Federal Trade Commission (“FTC”) issued a policy statement warning companies of the ways that collecting and using biometric information, or using biometric information technologies, might amount to an unfair or deceptive practice in violation of Section 5 of the FTC Act.

The policy statement identified several potentially deceptive practices: false

On April 25, 2023, the Federal Trade Commission (FTC), Department of Justice Civil Rights Division (DOJ), Equal Employment Opportunity Commission (EEOC), and the Consumer Financial Protection Bureau (CFPB) issued a joint statement (Joint Statement) that each of them is now, and will be, looking at possible discrimination involving AI systems and other automated processes.

The

On September 8, 2022, the Federal Trade Commission (FTC) held a virtual public forum on the agency’s release last month of an Advance Notice of Proposed Rulemaking (ANPR) to regulate the protection of consumers’ privacy and data security, which we covered in a prior Legal Update. In addition to allowing the public the opportunity

On August 11, 2022, the Federal Trade Commission (FTC) voted 3-2 on partisan lines to file an Advance Notice of Proposed Rulemaking (ANPR) that would regulate the protection of consumers’ privacy and data security in a rulemaking titled “Trade Regulation Rule on Commercial Surveillance and Data Security.”

The release of this ANPR—in the midst of

On May 19, 2022, the Federal Trade Commission (FTC) unanimously approved a policy statement on education technology (EdTech) and the Children’s Online Privacy Protection Act (COPPA). Characterized as part of a larger effort to “crack down on companies that illegally surveil children learning online,” the policy statement itself merely highlights pre-existing obligations under

On May 11, 2022, the Senate confirmed President Biden’s appointment of Alvaro Bedoya to fill the vacant Democratic seat on the Federal Trade Commission (FTC). Commissioner Bedoya’s confirmation gives the Democratic commissioners a voting majority on the Commission, and we expect the FTC will pursue actions previewed by Chair Lina Khan. In this Legal Update,