Clearly Conspicuous

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Health Privacy Enforcement Actions," consumer protection attorney Anthony DiResta examines the two recent actions from the Federal Trade Commission (FTC) that signal its emergence as a leading regulatory agency concerning health data. Mr. DiResta reviews a joint letter from the FTC and the U.S. Department of Health and Human S...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Announces Three Important Developments," consumer protection attorney Anthony DiResta highlights six of the final changes in the revised endorsement guides. Mr. DiResta examines what the proposed rule would specifically prohibit. The FTC believes there is a need for a rule specifying certain practices as illegal that clearly spe...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against the Amazon Prime Program," consumer protection attorney Anthony DiResta examines the recent actions that the Federal Trade Commission (FTC) took against Amazon for allegedly enrolling consumers in its Prime program without their consent and making it difficult for them to cancel their subscriptions. Mr. DiRe...

In this episode of his "Clearly Conspicuous" podcast series, "Abuse Discovery Practices by the Government," consumer protection attorney Anthony DiResta reviews a district court's decision to sanction the Consumer Financial Protection Bureau (CFPB) for its behavior during a case involving a fraudulent debt collection scheme. The CFPB brought actions against 18 defendants, and the court dismissed c...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Cracks Down on Celebrity Endorsers," consumer protection attorney Anthony DiResta examines the recent orders for permanent injunction, monetary judgment and other relief against Nudge LLC, Dean Graziosi and Scott Yancey brought by the Federal Trade Commission (FTC) and the Utah Division of Consumer Protection. Mr. DiResta review...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC and DOJ Act Against Amazon to Protect Privacy," consumer protection attorney Anthony DiResta analyzes the recent actions that the Federal Trade Commission and U.S. Department of Justice took against Amazon for unlawfully retaining sensitive children's data and misleading Alexa users about their ability to delete their geolocatio...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Aims for True Fairness in Use of AI," consumer protection attorney Anthony DiResta takes a deeper look into the world of artificial intelligence (AI) and the legal ways that the Federal Trade Commission (FTC) can protect consumers from discrimination in this emerging technology. Mr. DiResta examines the question "how can we harn...

In this episode of his "Clearly Conspicuous" podcast series, "Unlawful Discrimination by Artificial Intelligence," consumer protection attorney Anthony DiResta explores the emerging world of artificial intelligence (AI). He focuses on a joint statement issued by the heads of several key federal agencies, including the Federal Trade Commission (FTC), that covers the social, economic, political and...

In this episode of his "Clearly Conspicuous" podcast series, "FTC's Approach to Made in the USA Claims," consumer protection attorney Anthony DiResta takes another look at issues surrounding Made in the USA claims, based on insight from Federal Trade Commission (FTC) attorney Michael Ostheimer. Mr. DiResta reviews the FTC's rules on these claims as well as recent enforcement actions regarding dark...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Focus on Social Media Advertising Policies," consumer protection attorney Anthony DiResta explores the social media ecosystem and the Federal Trade Commission's (FTC) regulations on social media advertising. Mr. DiResta talks about how the FTC requires business that engage in social media advertising to have a formal social me...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC’s Mission: Competition and Antitrust," consumer protection attorney Anthony DiResta explores something that's not in the consumer protection wheelhouse, but is part of the FTC's mission, competition and antitrust. Mr. DiResta highlights the Merger Filing Fee Modernization Act that Congress was able to pass, which will increase f...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Agenda & Data Privacy," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's agenda around data privacy. Mr. DiResta explains that while data privacy remains a top priority on President Biden's agenda, the current FTC composition has changed significantly in recent months. President Biden is...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Regulation of Social Advertising," consumer protection attorney Anthony DiResta breaks down 16 key highlights that Michael Ostheimer shared about regulation of social media, advertising and the law, according to the Federal Trade Commission (FTC). Mr. Ostheimer is a senior attorney in the FTC's division of Advertising Practice...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule to Fight Impersonation Scams," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) proposal for a new rule to tackle government and business impersonation scams. The proposed rule aims to hold impostors and those providing the means for such scams accountable by codifying t...

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB's Proposal to Create a Public Registry," consumer protection attorney Anthony DiResta dives into the Consumer Financial Protection Bureau's (CFPB) proposed rule to establish a public registry of supervised nonbanks' terms and conditions in form contracts that potentially waive or limit consumer rights and protections. Mr. DiRes...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Click to Cancel Proposal," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) latest proposed rule that aims to make it easier for consumers to cancel their subscriptions. Mr. DiResta examines the potential benefits and drawbacks of the new proposed rule while detailing the various upda...

In this episode of his "Clearly Conspicuous" podcast series, "Junk Fees: It’s a Political Issue," consumer protection attorney Anthony DiResta continues the discussion of the Federal Trade Commission's (FTC) interest in hidden fees. This episode focuses on the Consumer Financial Protection Bureau's (CFPB) actions and concerns, focusing on surprise overdraft fees.

In this episode of his "Clearly Conspicuous" podcast series, "Junk Fees: What's the Flap All About," consumer protection attorney Anthony DiResta discusses the political and regulatory background of junk fees, with a focus on the Federal Trade Commission (FTC). He explains the Junk Fees Prevention Act and the FTC's proposed rule to address deceptive or unfair junk fees. Mr. DiResta outlines specif...

In this episode of his "Clearly Conspicuous" podcast series, "Uncovering the FTC's Criminal Liaison Efforts," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) Criminal Liaison Unit (CLU) and its role in consumer protection and enforcement activity. Established 20 years ago, the CLU refers criminal cases related to consumer fraud to prosecutors, resulting...

In the eighth episode of his "Clearly Conspicuous" podcast series, "Navigating Social Media and Advertising Law with the FTC," consumer protection attorney Anthony DiResta discusses the regulation of social media and advertising practices according to the FTC. His insights are based on a conversation he had with Michael Ostheimer, a senior attorney in the FTC’s Division of Advertising Practices. T...

In the seventh episode of his "Clearly Conspicuous" podcast series, "How the FTC Shapes Privacy and Data Security Standards," consumer protection attorney Anthony DiResta discusses the FTC's interest in privacy and data security, particularly its enforcement against Chegg Inc. for exposing sensitive customer and employee data. Mr. DiResta examines the FTC's complaint, including breach of reasonabl...

In the sixth episode of his "Clearly Conspicuous" podcast series, "Made in the USA Claims," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) enforcement of deceptive "Made in the USA" claims and the new "Made in USA" Labeling Rule. The FTC has been cracking down on companies that make false or misleading claims about the origin of their products in order...

In the fifth episode of his "Clearly Conspicuous" podcast series, "Exploring the FTC's Aggressive Effort to Limit Employment Agreements," consumer protection attorney Anthony DiResta takes a look at the Federal Trade Commission's (FTC) proposed rule to ban non-compete clauses in employment agreements. In this episode, Mr. DiResta analyzes wide-ranging implications of the proposed rule and provides...

In the fourth episode of his "Clearly Conspicuous" podcast series, "How to Comply with FTC's Guidance for Healthcare Companies," consumer protection attorney Anthony DiResta takes a look at the Federal Trade Commission's (FTC) new compliance guidance for healthcare companies concerning advertising and marketing. Mr. DiResta starts by summarizing the new publication and provides key takeaways from...

In the third episode of his "Clearly Conspicuous" podcast series, "Compliance Management System: You Better Have One... or Else," consumer protection attorney Anthony DiResta identifies the three main components of a compliance management system, or CMS: board/management oversight, an effective compliance/monitoring program and an audit system. Mr. DiResta explains the importance of each of these...