AI Hype Meets Government Scrutiny: 5 Lessons from the FTC’s Crackdown

Expert analysis from

Fisher Phillips
October 3, 2025

The FTC just sent a clear message to the AI industry: marketing claims need evidence, not exaggeration.

‍On August 28, the Federal Trade Commission issued a final order against Palo Alto–based software firm Workado for overstating the accuracy of its AI text detector. The company had claimed its tool could spot AI-generated writing with 98% accuracy. In reality, performance outside academic essays hovered near 53%—basically a coin toss.

Why It Matters
AI adoption is moving fast across industries, but regulators are moving just as quickly to keep companies honest. For B2B leaders, this case highlights the reputational and legal risks of overpromising. Trust, credibility, and compliance aren’t nice-to-haves in AI—they’re competitive advantages.

The Core Idea
Longstanding advertising rules apply to AI. If you claim “98% accuracy,” you’d better be able to prove it.

5 Practical Lessons for AI Companies

  1. Test broadly, not narrowly.
    Training a model on academic essays won’t cut it if customers apply it to marketing copy, contracts, or social media. Your validation must match real-world use.
  2. Keep marketing grounded in data.
    Ambition sells, but exaggeration backfires. Create a review process where technical teams vet every external claim before it reaches customers.
  3. Maintain an “evidence file.”
    Document training sets, validation results, error rates, and known limitations. If regulators—or competitors—challenge your claims, you’ll be ready.
  4. Acknowledge limitations upfront.
    Counterintuitively, transparency builds trust. Saying “our tool works best on structured text” is stronger than pretending it works everywhere.
  5. Embed compliance into culture.
    You don’t need a full legal team to start. Simple practices like internal audits, versioning claims, and requiring validation before publishing go a long way.

Closing Thought
AI companies live in a hype-saturated market, but regulators are now watching closely. The smart play isn’t to scale back ambition, it’s to scale up discipline. Credibility is the best growth strategy.

About

Fisher Phillips

Fisher Phillips, founded in 1943, is a leading law firm dedicated to representing employers in labor and employment matters. With nearly 600 attorneys across 38 U.S. and 3 Mexico offices, it combines deep expertise with innovative solutions to help businesses navigate workplace challenges.

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