Federal Trade Commission (FTC) Chairman Andrew Ferguson has sent a letter to Sundar Pichai, CEO of Google’s parent company Alphabet, warning the company of potential FTC Act violations related to Gmail’s alleged “partisan” spam filters.
“I write due to recent reporting that suggests Alphabet’s administration of Gmail is designed to have partisan effects, and accordingly, to notify you that Alphabet may be engaging in unfair or deceptive acts or practices,” the FTC Chairman noted in his letter.
Ferguson cited a story published last month in The New York Post, which claims that Gmail’s spam filters routinely block messages from Republican senders but fail to block similar messages sent by Democrats.
Allegedly, Alphabet has been flagging Republican fundraising emails as “dangerous spam,” ensuring they will never land in Gmail users’ inboxes. At the same time, similar messages from Democrats are untouched. This alleged partisan treatment of messages sent by Republicans and Democrats may be considered unfair or deceptive practices.
“If Gmail’s filters keep Americans from receiving speech they expect, or donating as they see fit, the filters may harm American consumers and may violate the FTC Act’s prohibition of unfair or deceptive trade practices. Any act or practice inconsistent with [the FTC Act’s] obligations could lead to an FTC investigation and potential enforcement action,” Ferguson warned Alphabet’s CEO, Sundar Pichai.
A Google spokesperson told Axios that Gmail’s spam filters “look at a variety of objective signals,” including whether people mark a particular email as spam, or if a particular ad agency is sending a high volume of emails that people often mark as spam. This policy applies to all senders, “regardless of political ideology.”
“We will review this letter and look forward to engaging constructively,” the spokesperson concludes.
Republicans frequently complain that they’re being treated differently by online platforms. Recently, a federal judge blocked the FTC’s investigation into Media Matters’ report on antisemitic content on X.
She added that the FTC’s investigation is considered a “retaliatory act,” which has had its “intended effect” as Media Matters decided against pursuing certain stories about the FTC, FTC Chairman Andrew Ferguson, and X owner Elon Musk.
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