Federal Trade Commission Act, Section 5 (unfair or deceptive acts or practices)
FTC ActSection 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
Key Articles
| Article | Description |
|---|---|
| Section 5(a) | Unfair or deceptive acts prohibited |
| Section 5(b) | FTC enforcement proceedings |