United States. Comprehensive data protection. Act

FTC Act s5Federal Trade Commission Act, Section 5 (15 U.S.C. § 45) – unfair or deceptive acts or practices

In force

§1Summary

Synopsis

Prohibits unfair or deceptive acts or practices in commerce and is the FTC's main tool for privacy and data security enforcement. The FTC brings cases over misleading privacy statements, inadequate security and harmful data practices, usually resolved by long-term consent orders.

Key themes
  • deception
  • unfairness
  • data security
  • consent orders
  • dark patterns
  • algorithmic disgorgement
  • DPF enforcement
Unique features

Functions as the de facto US federal privacy regime through case law and consent orders rather than prescriptive rules; the FTC has ordered deletion of models trained on improperly obtained data.

SaaS relevance

Applies to almost any for-profit SaaS business: privacy policies, security claims and DPF self-certifications are enforceable promises.

§2Obligations

Extraterritorial
Limited
Breach notification
None (but failure to disclose may be deceptive)
DPO
No
Cross-border transfers
EU-US DPF / UK Extension / Swiss-US DPF self-certification enforced by FTC
Maximum penalty
Civil penalties for violating orders or rules: $53,088 per violation (2025 inflation adjustment)

§3Dates

Key dates
  • Adopted
  • In force
  • Wheeler-Lea Act 1938 added 'unfair or deceptive acts or practices'; AMG Capital (2021) removed s13(b) monetary relief; civil penalties available for order/rule violations (inflation-adjusted annually).

§4Text and authority

Text
Authority
Federal Trade Commission (FTC)

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

Penalty figure cross-checked via TAKE IT DOWN Act guidance citing $53,088 per violation; EU adequacy applies only to DPF-certified organisations.