Law / United States

FTC Rule on Impersonation of Government and Businesses

16 CFR Part 461

In force since .

An AI prohibited practices rule binding private bodies.

Enforcement body
Federal Trade Commission
Obligation class
Prohibition

As of .

What it requires

  • Do not materially and falsely pose, directly or by implication, as a government entity or an officer, executive, official, employee or agent of one, in or affecting commerce.
  • Do not materially and falsely pose, directly or by implication, as a business, including a not-for-profit entity, or as an officer, executive, official, employee or agent of one, in or affecting commerce.
  • Do not materially misrepresent, directly or by implication, your affiliation with a government entity or a business or an officer of either, including endorsement or sponsorship by it, in or affecting commerce.

These lines are LexLint's reading of the law's text, as of .

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Federal Trade Commission's Rule on Impersonation of Government and Businesses, 16 CFR part 461, prohibits materially and falsely posing, directly or by implication, as a government entity or officer thereof, in or affecting commerce. It prohibits materially misrepresenting, directly or by implication, affiliation with, including endorsement or sponsorship by, a government entity or officer thereof.

It prohibits materially and falsely posing, directly or by implication, as a business or officer thereof, and materially misrepresenting affiliation with a business or officer thereof. A business under the rule is any entity that provides goods or services, including not-for-profit entities. A violation of the rule is an unfair or deceptive act or practice. The rule took effect on . The Commission stated that the rule enables it to obtain civil penalties against violators.

The Commission decided not to finalize a proposed provision on providing the means and instrumentalities of impersonation. On the Commission proposed to commence a rulemaking proceeding on unfair or deceptive acts or practices by search engine, social media, and other digital marketplace platforms that further government and business impersonation scams.

When LexLint raises it

When your app profile says your app sends automated outreach or deploys a chatbot.

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