On January 18, during a luncheon fireside chat at the California Lawyers Association’s UCL Institute event in Los Angeles, Federal Trade Commission (“FTC”) Bureau of Consumer Protection Director Samuel Levine shared his insights on what data practices are of concern to him and to the FTC. Companies should take heed of his comments, the highlights of which include:
- The #1 thing that keeps him up at night is AI, especially as it can be used to advance fraud or has discriminatory impact;
- A top enforcement priority will be dark patterns to drive sales and frustrate consumer choice (e.g., terminations, opt-outs, etc.), particularly where driven by tracking and profiling data;
