“With the proliferation of machine learning and predictive analytics, the FTC should make use of its unfairness authority to tackle discriminatory algorithms and practices in the economy.”

This statement came from FTC Commissioner Rohit Chopra at the end of May. The fact that these words followed a more formal blogpost from the regulator focused on artificial intelligence—in the midst of a global pandemic, no less—highlights what is becoming the new normal: Liabilities on the use of algorithmic decision-making are increasing. This holds true with or without new federal regulations on AI.