Is Algorithmic Bias an Unfair Trade Practice? | Event Recaps | All MKC Content | ANA

Is Algorithmic Bias an Unfair Trade Practice?

Executive Summary

In April, an interagency group including the FTC, CFPB, EEOC, and DOJ Civil Rights Division issued a statement announcing their intention to use their existing authority to address discrimination and bias in automated systems. That statement is one of many recent signs that the FTC and CFPB (and state AGs) are looking to bring an enforcement action alleging that algorithmic bias is an unfair trade practice. This novel legal position has wide-ranging implications. Companies rely on algorithms not just to make credit, employment, and housing decisions that are covered by specific civil rights laws, but to make myriad other decisions about advertising, pricing, offers, and eligibility related to a range of goods and services — all of which could be subject to a disparate impact unfairness action. This panel discusses the legal basis for this theory of liability and practical advice for how companies can protect themselves.

Frank Gorman

Nina Frant
Vice President, Consumer Policy
U.S. Chamber of Commerce

Susan Zoch
General Counsel
Dentsu Inc.

CLE Materials

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