Significance of FTC guidance on artificial intelligence in health care

November 24, 2021

By: Linda A. Malek and Blaze D. Waleski


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The Federal Trade Commission has issued limited guidance in the area of artificial intelligence and machine learning (AI), but through its enforcement actions and press releases has made clear its view that AI may pose issues that run afoul of the FTC Act's prohibition against unfair and deceptive trade practices. In recent years it has pursued enforcement actions involving automated decision-making and results generated by computer algorithms and formulas, which are some common uses of AI in the financial sector but may also be relevant in other contexts such as health care.

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