Section 5 of the FTC Act
CIPP/US glossary · Last reviewed: · By Victor Humenhuk (CIPP/US certified)
Section 5 of the FTC Act - The provision letting the FTC pursue unfair and deceptive trade practices; the primary federal statute for medtech companies not covered by HIPAA.
In the CIPP/US body of knowledge, Section 5 of the FTC Act comes up under Chapter 5: Federal and State Regulators and Enforcement of Privacy Law; Chapter 8: Medical Privacy.
Section 5 of the FTC Act in context
- ==Section 5 of the FTC Act== bars ==unfair or deceptive acts or practices in or affecting commerce== and is the single most important piece of U.S. (The FTC, Section 5, and Jurisdictional Limits)
- For medtech outside HIPAA, ==Section 5 of the FTC Act== is the primary federal tool against deceptive and unfair practices (e.g., the 2021 Flo Health action). (Medical Technology: FTC Act, FDCA, and State Laws)
- Self-regulation includes the [[Student Privacy Pledge]], whose violation is enforceable as a deceptive trade practice under ==Section 5 of the FTC Act==. (Edtech under COPPA and Self-Regulation)
Where Section 5 of the FTC Act is covered in the CIPP/US study notes
Related terms
- Common carriers
- FDCA
- SaMD
Test yourself on Section 5 of the FTC Act
Recognising a definition is not the same as applying it in an exam scenario. Work through the free CIPP/US practice questions, or read the full CIPP/US study guide - every study note is free.