FTC's Operation AI Comply – Let's Discuss Dissents

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 intelligence (AI) to "supercharge deceptive or unfair conduct that harms consumers." The FTC has dubbed this new initiative "Operation AI Comply."

For over a year, the FTC has shared insights into its AI focus areas through enforcement, blogs, speeches and other public comments. This new series of cases underscores specific concerns, while detailed dissenting statements clearly indicate that numerous questions remain about the extent of the FTC's authority in this domain under the FTC Act.