Clearly Conspicuous

Clearly Conspicuous

por Holland & Knight

Gobierno Tecnología

FTC to Focus on Deceptive AI Claims: Compliance Management Strategies

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta explores the Federal Trade Commission's (FTC) increasing scrutiny of deceptive claims related to artificial intelligence (AI). He outlines the FTC's focus on exaggerated performance claims, misleading product labeling, opaque data practices and bias in AI-powered systems, highlighting recent enforcement actions for false or misleading representations. Mr. DiResta emphasizes that businesses must ensure their AI-related claims are accurate, transparent and comply with existing consumer protection regulations.

Compliance Needs are Alive and Well: FTC's Recent Enforcement Activity

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an early analysis of the Federal Trade Commission's (FTC) direction under Chair Andrew Ferguson, emphasizing that the agency is intensifying, not scaling back, its enforcement efforts despite broader deregulatory trends. Mr. DiResta examines recent FTC actions that span multiple sectors, including holding a workshop on the tech industry's impact on families, issuing new rules against deceptive pricing, targeting business scams and increasing scrutiny on artificial intelligence (AI) product claims. This episode highlights the FTC's multi-agency collaboration and suggests that, although enforcement may become more selective, the focus will be on precedent-setting cases. Mr. DiResta cautions companies to not interpret deregulatory rhetoric as a relaxation of compliance expectations and instead understand that the need for robust, well-documented and proactive compliance measures has never been greater.

New Guidance on Complying with FTC Rule on Deceptive and Unfair Fees

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta breaks down the Federal Trade Commission's (FTC) Rule on Unfair or Deceptive Fees, focusing on recent FAQs that clarify its application and enforcement approach. Mr. DiResta examines how the rule targets businesses selling live-event tickets and short-term lodging, requiring them to clearly disclose total prices — including all mandatory fees — upfront, and applies to both direct sellers and intermediaries. This episode details what is covered by the FAQs, what must be disclosed to avoid misrepresentation and how businesses should handle different types of charges.

Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta delves into the shifting landscape of consumer protection regulation amid significant policy and administrative changes at federal agencies such as the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB). Mr. DiResta explores how these changes affect the enforcement of consumer protection laws and discusses the growing roles of state attorneys general and the media in shining a spotlight on corporate misconduct. Additionally, the podcast highlights the National Advertising Division (NAD) of the Better Business Bureau's role in overseeing deceptive advertising as businesses shift toward online marketing.

FTC Commissioner Dismissals: Background and Implications

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta delves into recent leadership changes at the Federal Trade Commission (FTC). Mr. DiResta explores the legal implications of President Donald Trump's dismissals of Democratic Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter, including statutes governing commissioner appointments and judicial decisions on the president's authority over them. The episode provides insights into the historical and legal context of FTC leadership changes and discusses how the two dismissals could affect the agency's functioning, given the new commissioner composition.

FTC Regulatory and Enforcement Shifts Under New Leadership

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the direction of the Federal Trade Commission (FTC) under Chairman Andrew Ferguson. Ferguson is expected to adopt a less regulatory and more business-friendly agenda by interpreting existing statutes narrowly while also upholding the commission's core role in enforcement, especially concerning artificial intelligence (AI) and targeted advertising. This episode explores the new chairman's views on AI and his skepticism about the commission's recent notices for monetary penalties on advertisers, which Mr. DiResta says portends an overall shift in agency priorities.

Changes at the CFPB Under the Trump Administration

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta explores the future of the Consumer Financial Protection Bureau (CFPB) under the Trump Administration. He discusses an email from acting director Russell Vought directing staff to halt enforcement activities, along with how employees responded to it. Mr. DiResta explains that though the director has the authority to freeze such activities, the CFPB itself cannot be closed without congressional action.

What to Expect from the New FTC Leadership

In this episode of his "Clearly Conspicuous" podcast series, "What to Expect from the New FTC Leadership," consumer protection attorney Anthony DiResta discusses a Jan. 22, 2025, press release from the Federal Trade Commission (FTC) outlining new agency priorities under the Trump Administration. The press release emphasizes the elimination of programs related to diversity, equity and inclusion (DEI) within the federal government, marking a shift in the philosophical direction of the FTC. This episode focuses on other potential changes in FTC operations under Chairman Andrew Ferguson and explores how these shifts will affect compliance and advocacy strategies for companies dealing with the FTC, including alternative approaches aligned with the administration's agenda.

The FTC Takes Action Against Grubhub

In the 54th episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses significant regulatory actions taken against Grubhub by the Federal Trade Commission (FTC) and Illinois attorney general (AG). FTC and Illinois AG accused Grubhub of unlawful practices including fake restaurant affiliations, deceptive delivery cost practices and driver earnings misrepresentation, and the company will pay $25 million to settle the charges. Mr. DiResta notes that Grubhub reportedly received a warning letter in 2021 but did not change its practices, which he highlights as a prime example of how essential it is for businesses to "be very aware" of regulatory notices from federal enforcement authorities.

Hidden Fees in the Live-Event Ticketing and Short-Term Lodging Industries

In this episode of his "Clearly Conspicuous" podcast series, "Hidden Fees in the Live-Event Ticketing and Short-Term Lodging Industries," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) new rule targeting mandatory hidden fees and enhanced transparency in pricing disclosures. The rule, finalized after significant public feedback, specifically addresses the live-event ticketing and short-term lodging sectors, requiring businesses to include all mandatory fees in the prominently displayed total price. Although certain fees, such as government-imposed taxes and optional amenities, can be excluded, they must be clearly disclosed before purchase. Mr. DiResta emphasizes that though the rule currently targets only two industries, it reflects the FTC's broader intent to tackle deceptive pricing practices across various sectors.

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