---
title: "UDAP"
description: "Unfair or deceptive acts or practices, prohibited by section 5 of the FTC Act and by state laws."
canonical: https://aigovernanceengineer.com/glossary/udap
author: "Jorge García Aibar"
license: "CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/)"
doi: https://doi.org/10.5281/zenodo.22956197
version: "0.5.0"
updated: 2026-09-24
---

# UDAP

Unfair or deceptive acts or practices, prohibited by section 5 of the FTC Act and by state laws [1]. Deception is a material representation likely to mislead; unfairness is substantial, unavoidable injury not outweighed by benefits. Unsubstantiated AI performance claims fall under it.

- Developed in: [ch. 20, Unfair and deceptive practices in the United States](https://aigovernanceengineer.com/bok/existing-law#unfair-and-deceptive-practices-in-the-united-states)
- Chapters: [ch. 20, Existing Law](https://aigovernanceengineer.com/bok/existing-law)
- In the glossary chapter: https://aigovernanceengineer.com/bok/glossary#t-udap

## Sources

[1] 15 U.S.C. § 45 (FTC Act section 5) (unfair or deceptive acts or practices; 45(n) standard for unfairness). Legal Information Institute, Cornell Law School. 2026. https://www.law.cornell.edu/uscode/text/15/45 (verified: secondary)