FTC Finalizes Order Prohibiting IntelliVision from Making Deceptive Claims About Its Facial Recognition Software

The Federal Trade Commission finalized an order against IntelliVision Technologies Corp., settling allegations that the company made false, misleading, or unsubstantiated claims that its AI-powered facial recognition software was free of gender or racial bias.

In a complaint, which was first announced in December, the FTC alleged that IntelliVision lacked evidence to back up its claims that its software had one of the highest accuracy rates on the market and performs with zero gender or racial bias. The complaint also alleged that IntelliVision did not train its facial recognition software on millions of faces, as it claimed, nor did it have adequate support for its claims that its anti-spoofing technology ensures the system can’t be fooled by a photo or video image.

Under the final order, IntelliVision is prohibited from misrepresenting the accuracy and efficacy of its facial recognition software; the comparative performance of the technology with respect to different genders, ethnicities, and skin tones; and the accuracy or efficacy of the technology to detect spoofing. The order also prohibits IntelliVision from making representations about effectiveness, accuracy, or lack of bias of its facial recognition technology, or about the effectiveness of its facial recognition technology at detecting spoofing, unless it possesses and relies on competent and reliable testing of the technology.

After receiving no public comments, the Commission voted 5-0 to approve the final order.

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