Clearly Conspicuous

Holland & Knight Podcasts
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Clearly Conspicuous is a podcast series brought to you by Holland & Knight and hosted by consumer protection attorney Anthony DiResta. Here at Holland & Knight we have the working knowledge of how federal and state agencies operate and how courts address consumer protection issues. Consumer protection laws and regulations impact every dimension of business. Aggressive federal and state agencies are getting the attention of senior executives who are concerned about risk management, compliance challenges and high-profile governmental inquiries. Holland & Knight's Consumer Protection Defense and Compliance Team has the experience, knowledge, relationships and platform to effectively work with our clients to address these issues.

  1. Where the FTC Stands on AI: Evidence Over Speculation

    -3 ДН.

    Where the FTC Stands on AI: Evidence Over Speculation

    As artificial intelligence (AI) becomes embedded in daily life, the Federal Trade Commission (FTC) has signaled it has no immediate plans to implement AI-specific rules. In this episode, consumer protection attorney Anthony DiResta analyzes recent statements by FTC Bureau of Consumer Protection Director Chris Mufarrige and compares the agency's current enforcement outlook with past regulatory actions. According to Mr. DiResta, the FTC appears focused on targeting bad actors, rather than the technology they are using, and avoiding the pursuit of rules that could slow AI industry growth. That shift is evident in the commission's case against AI writing assistant Rytr, which alleged review generation abuses but was set aside for lack of evidence of actual consumer harm. The outcome aligns with the White House AI Action Plan's emphasis on avoiding regulatory overreach. Overall, Mr. DiResta concludes, AI use that misleads consumers or violates existing laws will still draw federal scrutiny, but the FTC is signaling a more supportive posture toward technological innovation.

    8 мин.
  2. FTC Consumer Review Rule Warning Letters Target a Digital Marketplace Cornerstone

    18 ФЕВР.

    FTC Consumer Review Rule Warning Letters Target a Digital Marketplace Cornerstone

    Online reviews are critical to developing consumer trust, and the Federal Trade Commission (FTC) has signaled it's ready to track down anyone trying to manipulate such reviews. Consumer protection attorney Anthony DiResta breaks down the FTC's latest warning letters targeting potential violations of the consumer review rule, an enforcement move that puts online reviews and testimonials at the center of attention. This episode also explains what the rule covers, from fake "verified" experiences and undisclosed insider reviews to incentivized ratings and suppression of negative feedback, and why the FTC is now shifting from education to action. With civil penalties up to $50,000 per violation and industries spanning e-commerce, hospitality, beauty, wellness and technology potentially exposed, Mr. DiResta recommends businesses and their advisors take proactive compliance steps now to avoid regulatory scrutiny later. This conversation is a timely road map for companies as they audit current marketing practices and tighten incentive programs to protect consumer trust and avert formal investigations or lawsuits.

    8 мин.
  3. Social Media Advertising and the FTC: Deception and the Architecture of Compliance

    21 ЯНВ.

    Social Media Advertising and the FTC: Deception and the Architecture of Compliance

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta breaks down why social media advertising has become a top Federal Trade Commission (FTC) priority for 2026 and how long‑standing consumer protection rules against deception and unfairness apply to today's influencer-heavy and algorithm-driven marketing. He explains how brands use social platforms to leverage trust, reduce consumer resistance to ads and benefit from algorithmic amplification while increasing legal risk when sponsorships aren't clearly disclosed or when responsibility is spread across brands, creators, agencies and platforms. Mr. DiResta also outlines the FTC's expectations for businesses utilizing online advertising, as put forth in its Endorsement Guides. He concludes by highlighting why companies must have a real social media compliance program with policies, training, monitoring and corrective action going into 2026.

    12 мин.
  4. Key Consumer Protection Issues in 2026

    7 ЯНВ.

    Key Consumer Protection Issues in 2026

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta previews the top Federal Trade Commission (FTC) and state attorney general enforcement priorities for 2026, stressing a shift from one-off misrepresentations to systematic enforcement focused on governance, design and individual accountability. He highlights key risk areas including privacy and data security, social media advertising, online consumer transactions and artificial intelligence. Overall, he says, companies should expect regulators to judge less what business say and more how their systems operate.

    7 мин.
  5. The FTC's Interest in Governance Matters: Board Oversight, Compliance and Awareness

    19.11.2025

    The FTC's Interest in Governance Matters: Board Oversight, Compliance and Awareness

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines why board governance is under the Federal Trade Commission's (FTC) microscope and what directors must do to meet agency expectations. He begins by categorizing the main themes of regulatory focus: data security, antitrust and board composition, compliance and risk governance, and the emergence of artificial intelligence (AI) and algorithmic accountability. He then offers practical steps such as building regulatory literacy, establishing measurable risk reporting, structuring effective governance committees, testing resources and programs, documenting oversight in minutes and embedding ethics into culture—along with a checklist of specific governance risks to monitor.

    9 мин.
  6. The Digital Marketplace: The FTC's Focus on Fair Online Transactions

    05.11.2025

    The Digital Marketplace: The FTC's Focus on Fair Online Transactions

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an update on Federal Trade Commission (FTC) actions in the digital commerce space. Mr. DiResta discusses the FTC's core concerns with online transactions, including unclear or deceptive terms and conditions, insufficient privacy protections and failure to comply with the "Click to Cancel" rule. He then outlines a best practices framework for companies seeking to ensure compliance and build consumer trust. His final takeaway: Online commerce must be transparent, be fair and be consumer-centric.

    9 мин.
  7. The Future of the FTC: in the Hands of the Supreme Court

    08.10.2025

    The Future of the FTC: in the Hands of the Supreme Court

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta unpacks a recent update in Trump v. Slaughter, in which the U.S. Supreme Court issued a stay allowing President Donald Trump's removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter to stand while the case makes its way through the appeals process. He previews full arguments in December of this year that could revisit – and even overturn – Humphrey's Executor. Mr. DiResta explains the FTC's origins, structure and independence, as well as the 1935 precedent set in Humphrey's Executor limiting presidential removal of FTC commissioners. He additionally reviews Justice Elena Kagan's dissent in the court's order and analyzes how the move signals a potential recalibration of separation of powers. The episode outlines far-reaching implications if removal protections are narrowed: greater presidential control over independent agencies (FTC, National Labor Relations Board (NLRB), Federal Communications Commission (FCC), Consumer Product Safety Commission (CPSC) and Merit Systems Protection Board (MSPB)), reduced institutional independence, more litigation over "for cause" standards and broader precedent shifts affecting agency governance. The discussion closes with key questions for businesses and counsel to monitor as the future of the FTC, and independent commissions more broadly, may be shaped by the court's forthcoming decision.

    14 мин.
  8. A Roadmap for Emerging Consumer Protection Issues

    17.09.2025

    A Roadmap for Emerging Consumer Protection Issues

    In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta covers the emerging issues driving federal and state enforcement and private litigation. He highlights six themes shaping priorities: artificial intelligence (AI) and automation, advertising and marketing practices, privacy and data security, unfair and abusive practices, sector-specific scrutiny of financial services, health and environmental claims, and escalating coordination among enforcers. Mr. DiResta explains how agencies are intensifying oversight of AI transparency and bias, influencer and native advertising disclosures, data collection and breach response, "dark patterns," hidden fees and products targeting vulnerable consumers. He then describes practical steps to help mitigate unwanted attention from the government, from AI audits and human oversight to substantiation, social media policies, incident response plans and consumer-centric design. He concludes by highlighting how important it is to build trust through first instance compliance to reduce risk and position your business to thrive in a dynamic enforcement landscape.

    11 мин.
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Clearly Conspicuous is a podcast series brought to you by Holland & Knight and hosted by consumer protection attorney Anthony DiResta. Here at Holland & Knight we have the working knowledge of how federal and state agencies operate and how courts address consumer protection issues. Consumer protection laws and regulations impact every dimension of business. Aggressive federal and state agencies are getting the attention of senior executives who are concerned about risk management, compliance challenges and high-profile governmental inquiries. Holland & Knight's Consumer Protection Defense and Compliance Team has the experience, knowledge, relationships and platform to effectively work with our clients to address these issues.

Информация

  • Канал
    Holland & Knight Podcasts
  • Автор
    Holland & Knight
  • Годы выхода
    2023 - 2026
  • Выпуски
    75
  • Ограничения
    Без ненормативной лексики
  • Авторские права
    © Holland & Knight LLP
  • Сайт подкаста
    Clearly Conspicuous
  • Поставщик
    Holland & Knight LLP

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