FTC finds Evolv ‘made false claims,' ‘misrepresented' weapons detectors' capabilities

The Federal Trade Commission is taking action against weapons detection company Evolv Technologies, claiming the Massachusetts-based company engaged in “deceptive acts” by making false claims and misrepresenting what its detectors could do.

The announcement comes more than a week after an NBC 5 Investigates report examined Evolv and found the scanners have limitations – and in some cases – failed to detect certain weapons.

The FTC investigated Evolv for several months.

The company is also cooperating with a Securities and Exchange Commission investigation and is being sued by investors who alleged they were misled and said the company overstated what the scanners could do.

The Evolv Express weapons detectors are used at professional sports stadiums and school districts across the country, including in Illinois.

In its federal court filing and proposed order made public this week, the FTC criticized Evolv over its marketing practices, alleging the company "has made unsupported claims that its technology, which incorporates artificial intelligence, makes its system more accurate, efficient and cost-effective than traditional metal detectors." The filing also said “the extent to which Evolv’s scanners will detect weapons largely depends on the sensitivity level set by the user, with higher sensitivity levels meaning more false alarms.”

As part of a proposed settlement agreement, Evolv is now banned from making certain claims about its weapons detectors’ capabilities and must offer schools across the country the ability to cancel their contracts.

Districts have up to 60 days to decide within receipt of the FTC’s notice.

Among the conditions, Evolv cannot make statements or representations about:

- the ability to detect weapons;

- the ability to ignore harmless personal items;

- the ability to detect weapons while ignoring harmless personal items;

- the ability to ignore harmless personal items without requiring visitors to remove any such items from pockets or bags;

- weapons detection accuracy, including in comparison to the use of metal detectors;

- false alarm rates, including comparisons to the use of metal detectors;

- the speed at which visitors can be screened, as compared to the use of metal detectors;

- labor costs, including comparisons to the use of metal detectors;

- testing, or the results of any testing; or

- any material aspect of its performance, efficacy, nature, or central characteristics, including, but not limited to, the use of algorithms, artificial intelligence, or other automated systems or tools;

In a statement sent to NBC 5 Investigates, Evolv said in part:

“While Evolv disagrees with the FTC’s allegations, and has not admitted any wrongdoing, it has chosen to resolve the matter to focus on its core mission of protecting lives through innovation and maintaining the trust of its valued customers.”

The statement went on to say:

“In resolving the inquiry, the FTC did not challenge the core efficacy of Evolv’s products, including the use of artificial intelligence in its technology. Instead, the focus of the inquiry was related to how the technology was described for a period of time in historical marketing materials. As part of the resolution, Evolv has agreed to offer a limited number of its K-12 education customers the option to cancel the remainder of their current contracts during a 60-day cancellation period. Evolv has consistently encouraged customers to independently test technologies and speak with other users of the technology about their experiences to ensure it will meet their specific needs…”

The announcement this week by the FTC comes after years of scrutiny about Evolv's weapons detectors’ capabilities.

A months-long investigation by NBC 5 Investigates found incidents in schools that happened after Evolv scanners were installed:

• At a Utica, New York, school in 2022, the district canceled its contract with Evolv after a student was stabbed, according to public statements made by the then-interim superintendent.
• Video posted to social media by local law enforcement shows another stabbing incident happened at a Columbus, Ohio, high school in April of 2023, two months after the state's largest school district signed a $3 million contract with Evolv.
• A stabbing at a Buffalo, New York, school in mid-September raised more questions about how a knife could get through the scanners.

The devices do have sensitivity settings that can be adjusted by the end user.

In previous statements to NBC 5 Investigates, Evolv has defended its weapons scanners – noting they’ve successfully detected weapons in schools in Illinois and Kentucky – potentially thwarting incidents.

As part of NBC 5 Investigates’ research, we requested contracts from Illinois school districts that purchased Evolv scanners.

At a Rockford, Illinois, school district, data shared by the district shows Evolv did detect five knives, but that it repeatedly made false positive alerts on benign devices like laptops. The district spent more than $2.5 million installing the scanners across five high schools.

The FTC’s filing echoes this, criticizing Evolv for its relationships with schools, alleging that the Evolv Express weapons detector “failed to alarm on dangerous weapons but has alarmed on harmless items that students often bring to school."

"These issues have led Evolv to suggest new options for school customers – such as a higher sensitivity setting and installation of conveyor belts – that reduce further the likelihood that such customers will enjoy the claimed benefits of Express as compared to traditional metal detectors," the filing read. "Evolv has made millions of dollars via the sale of Express to an increasing number of school districts nationwide.”

According to the FTC’s filing, schools make up more than half of Evolv’s business and, according to its website, 1,000 school buildings across the country use Evolv.

NBC 5 Investigates found Evolv has for years known about its detectors’ limitations.

While Evolv did release a 25-page report in 2022 from the National Center for Spectator Sports Safety and Security that showed the Evolv Express performed relatively well during a 2021 field test at a Columbus, Ohio, stadium, the company publicly withheld the results of a larger 52-page report.

That report was first made public by the tech firm IPVM in fall of 2022 after it was mistakenly released to them through a public records request. NBC 5 Investigates asked repeatedly for a copy from the University of Southern Mississippi where NCS4 is based. A university spokeswoman denied that request.

The 52-page report posted online includes pictures and results from the field test that shows while the Evolv Express did detect most guns, it missed two micro-compact handguns on two pass-through attempts and missed other weapons - the overall detection rate for knives was just 58 percent.

The FTC now says Evolv did not publicly share that it helped draft that field test and the report with NSC4 and “removed negative information about Evolv scanners ability to detect certain weapons.”