Federal Trade Commission Act Section 5 (Unfair or Deceptive Practices, applied to AI)
United States · 15 U.S.C. § 45
The FTC's basic consumer-protection law bans unfair or deceptive business practices, and the agency applies it directly to AI. Companies cannot lie about what their AI can do, use AI to deceive people, or sell AI tools designed for fraud. The FTC's 'Operation AI Comply' sweep has brought numerous cases since 2024.
Technical detail
15 U.S.C. § 45(a) prohibits unfair or deceptive acts or practices in or affecting commerce; the FTC applies it technology-neutrally to AI marketing claims, AI-enabled fraud tools, and deceptive AI products. The Dec. 2025 AI executive order directed the FTC to issue a policy statement by March 11, 2026 on Section 5's application to AI.
Who is protected: Consumers and small businesses harmed by deceptive or unfair AI claims and AI-enabled scams
Who must comply: Any business in or affecting U.S. commerce, including AI developers and companies marketing AI products
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | In effect |
| Protection strength | Stronger protection |
| Effective date | 1914-09-26 |
| Enacted | 1914-09-26 |
| Citation | 15 U.S.C. § 45 |
| Enforced by | Federal Trade Commission |
| Private right of action | No — agency enforcement only |
| Penalties | Injunctions, consent orders, consumer redress; civil penalties (currently $53,088 per violation) for rule or order violations |
| Topics | consumer protection · AI disclosure and transparency · automated decision-making |
| Last verified | 2026-06-10 |
| Official source | FTC Announces Crackdown on Deceptive AI Claims and Schemes (Operation AI Comply) ↗ |
More AI rules in United States
- TAKE IT DOWN Act · In effect
- FCRA (AI in credit & background checks) · In effect
- ECOA / Regulation B (AI credit discrimination) · In effect
- Title VII / ADA (AI hiring) · In effect
- COPPA + 2025 Rule (childrens data) · In effect
- TCPA (AI voice calls) · In effect
Related consumer protection rules elsewhere
- CCPA/CPRA + ADMT Regulations · In effect
- AB 2013 (Training Data Transparency) · In effect
- SB 942 (AI Transparency Act) · Enacted (not yet in effect)
- SB 53 (Frontier AI Safety) · In effect
- Colorado AI Act (repealed) · Repealed / replaced
- SB 26-189 (Colorado ADMT Law) · Enacted (not yet in effect)
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