Federal Trade Commission Act, Section 5 (unfair or deceptive acts or practices)

FTC Act
active

Section 5 bans unfair or deceptive acts or practices in commerce. The FTC uses it as the main federal privacy and data security authority: misrepresenting data practices is deception, and failing to use reasonable security or making harmful data uses can be unfair. Several later privacy statutes (COPPA, PADFA, TAKE IT DOWN) are enforced as if they were FTC rules.

Jurisdiction

United States

Jurisdiction Type

federal

Country

United States

Effective Date

9/26/1914

Enforcing Authority

Federal Trade Commission

Maximum Fine

No statutory maximum; consent orders with monetary penalties

Fines Under This Regulation

0

Total Fine Amount (USD)

--

Privacy Topics

deceptive_practicesunfair_practicesdata_securityprivacy_promises

Key Articles

ArticleDescription
Section 5(a)Unfair or deceptive acts prohibited
Section 5(b)FTC enforcement proceedings