Insight
The FTC’s Proposed Policy Statement on AI Accuracy
The FTC proposed a statement on how Section 5 applies to suppressing accuracy in AI systems, with implications for state laws.
Law checked through
The FTC posted a proposed policy statement in docket FTC-2026-0859 on June 30, 2026, with comments due July 31. The proposal document is dated July 1. It addresses accuracy and the claimed suppression of truthful AI outputs under Section 5, including discussion relevant to state requirements. The published agency comment record still identifies it as proposed at this article’s check date; no final policy issuance was located. It is not a final trade-regulation rule or a court judgment preempting state law.
The proposal states an agency position under consideration. It does not independently amend Section 5, enact a national AI standard or establish a judicial preemption holding. Any claimed displacement of Texas law must identify the federal authority and its legal effect.
TRAIGA’s discrimination provision requires intent and says disparate impact alone is insufficient to show intent. The FTC proposal does not itself alter that enacted language. A business should identify an applicable federal or state duty and any actual judicial relief before claiming a state requirement has been displaced. The proposal is useful evidence of an agency position under consideration, not a compliance exemption.
Sources
- FTC Proposed AI Accuracy Policy Text
- FTC Proposed AI Accuracy Policy Statement
- Executive Order 14365
- Business and Commerce Code Chapter 552