Clearly Conspicuous

Clearly Conspicuous

di Holland & Knight

Governo Tecnologia

The FTC's Click to Cancel Proposal

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 updates the FTC is proposing to its negative option rule. If your business practices use negative options, this is an important development to watch.

Junk Fees: It's a Political Issue

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.

Junk Fees: What's the Flap All About

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 specific practices targeted by the commission and emphasizes the importance of companies closely monitoring developments and revising their fees policies proactively. Stay tuned for part two, which will examine the role of the Consumer Financial Protection Bureau (CFPB) in addressing hidden fees.

Uncovering the FTC's Criminal Liaison Efforts

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 145 convictions and 746 years of total sentencing over the past five years. The podcast outlines the history, strategy and operations of the CLU and its relationships with various law enforcement entities. The key takeaway emphasizes the importance of compliance and risk management in avoiding potential investigations and ensuring fair business practices.

Navigating Social Media and Advertising Law with the FTC

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. Topics covered include the upcoming FTC amendments on testimonials and endorsements, proper disclosure requirements on social media and an increased focus on health product enforcement during the COVID-19 pandemic. The podcast emphasizes the importance of businesses staying informed about emerging trends and regulatory requirements in the social media advertising sphere.

How the FTC Shapes Privacy and Data Security Standards

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 reasonable security practices and misrepresentation to consumers, and provides essential takeaways from the order.

Made in the USA Claims

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 to deceive consumers into thinking they are buying American-made goods. Mr. DiResta discusses the role of the FTC in enforcing these rules and how businesses can ensure they comply with the new labeling requirements.

Exploring the FTC's Aggressive Effort to Limit Employment Agreements

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 questions for companies to consider when submitting public comments on it.

How to Comply with FTC's Guidance for Healthcare Companies

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 the guidance. He also points out that these key takeaways can be used by anyone who does any kind of external marketing.

Compliance Management System: You Better Have One... or Else

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 elements and why companies need to have an effective compliance management system in place to minimize risks.

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