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While major legal cases involving AI have largely focused on copyright issues, few cases thus far have directly addressed truthful advertising of AI products and AI-generated content. Indeed, the ease with which consumers and the public can be deceived by AI, as well as the fear of mal-intentioned interference in political elections, has underscored the urgency of considering legislation and regulations that are capable of addressing these issues directly.

In Truth-in-AI and Robo-Deception: How Regulation Is Evolving to Address Deepfakes, Robocalls and More to Avoid the Erosion of Consumer Trust, colleagues Marcus Leonard, Shani Rivaux and Sam Eichner discuss the evolving legislation and regulations that will address these issues directly.

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In May 2024 the UK passed the new Digital Markets, Competition and Consumers Act (DMCC). Amongst other changes, the DMCC grants the UK Competition and Markets Authority (CMA) new powers to directly impose fines of up to 10% of a business’s global turnover for consumer protection breaches and to issue notices requiring changes to online interfaces, significantly enhancing the CMA’s enforcement capabilities.

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A new report issued in May 2024 by the Centre for European Policy Studies (CEPS), an independent thinktank, is the latest development to cause concerns over the EU-U.S. Data Privacy Framework (DPF), predicting that it will likely fail if challenged before the Court of Justice of the European Union (CJEU).

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In this week’s edition of Consumer Protection Dispatch, we look at the latest regulatory developments from the U.S. Department of Commerce, Consumer Financial Protection Bureau, and the Securities and Exchange Commission regarding data and AI.

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(The Consumer Protection Dispatch summarizes industry news and updates on emerging issues involving a variety of consumer protection issues including, but not limited to, data and AI.)

This week’s edition includes latest developments relating to AI laws passed by Colorado, Tennessee and Utah, U.S. Senate bipartisan working group on AI, a new privacy bill from Vermont and a new privacy law from Maryland, a new Colorado law protecting neural data, and updates from the California Privacy Protection Agency.

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