The FTC issued a policy statement abandoning disparate-impact liability, stating it will no longer bring claims based on this theory. It also modified compliance obligations for several companies based on past decisions.
The FTC modified compliance-related obligations for Napleton Inc., Passport Auto Group, and an individual associated with Coulter Motor Company LLC.
In-house legal teams should review their vendor and customer contracts for any provisions that might be interpreted as imposing disparate-impact liability. They should ensure that any compliance obligations related to discrimination are based on disparate treatment rather than disparate impact. Additionally, they should review any agreements that require statistical analysis of outcomes by demographic group, as these may need to be revised in light of the FTC's new policy.
Entity
Federal Trade Commission
Industry
OtherOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-ditches-disparate-impact
disparate impact unfair discrimination claims
https://www.ftc.gov/legal-library/browse/disparate-impact-unfair-discrimination-claims
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"The Federal Trade Commission today announced a policy statement"
"Equal Credit and Opportunity Act"
"Section 5 of the FTC Act"
"disparate-impact or “unfair discrimination” theories"
"entered into agreements to modify certain compliance-related obligations for Napleton Inc., Passport Auto Group and an individual previously associated with Coulter Motor Company LLC."
The FTC is seeking public comment on a proposed policy statement addressing concerns that AI companies may be manipulating AI system outputs contrary to consumer expectations for objectivity and accuracy. The statement explains that such conduct could be considered deceptive under Section 5 of the FTC Act. The public comment period runs until July 31, 2026.
The Federal Trade Commission (FTC) announced it submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) regarding online food delivery service fees to the Office of Management and Budget (OMB) for review on April 10, 2026. The ANPRM is classified as a 'significant regulatory action' under Executive Orders 12866 and 14215, requiring review by OIRA before public issuance. This press release does not describe an enforcement action against a private entity, nor any privacy-related violations or penalties.
On March 20, 2026, FTC Chairman Andrew N. Ferguson directed FTC staff to form a Healthcare Task Force to coordinate healthcare enforcement and advocacy efforts. The task force will focus on targeted enforcement initiatives, agencywide investigation strategies, amicus opportunities, and identifying emerging enforcement priorities. It will also seek partnerships with other federal agencies including HHS and DOJ to advance healthcare competition and consumer protection.
Attorney General William Tong of Connecticut led a bipartisan coalition of 30 state attorneys general in submitting comments to the Federal Trade Commission. The comments aim to improve collaboration between the FTC and state AGs to prevent and prosecute unfair and deceptive practices, addressing issues raised by the AMG Capital decision that may limit restitution. The coalition emphasizes the importance of joint efforts for national consumer protection.
The FTC, along with Utah and California, filed a complaint against Hims & Hers alleging the telehealth provider shared consumers' sensitive health information with third-party advertising platforms without consent, and deceived consumers about billing and cancellation practices. The complaint alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act.
$300K
The FTC alleged that Elite Events and Tickets LLC, doing business as Smart Scalpers, violated the Better Online Ticket Sales Act by circumventing security measures to bypass ticket purchase limits for over 2,400 events, reselling tickets at a profit. The proposed order requires payment of $300,000 (with a total penalty of $10.7 million partially suspended) and permanently prohibits the company and its owners from engaging in such circumvention tactics.