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Clearly Conspicuous

Clearly Conspicuous

by Holland & Knight

Government Technology

The Future of Fair Lending Under the CFPB's Regulation B Rule

Regulatory changes do not eliminate compliance risk. In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta interviews financial services regulatory attorney Dimitri Nionakis about the Consumer Financial Protection Bureau's (CFPB) final rule amending Regulation B under the Equal Credit Opportunity Act (ECOA), which pertains to disparate impact claims. Using a practical lending example, Mr. Nionakis explains how a facially neutral policy can create disparate impact concerns and emphasizes that banks and non-bank lenders still face exposure under the Fair Housing Act and state lending discrimination laws, even as the CFPB deprioritizes enforcement of Regulation B and pursuit of ECOA violators and executive orders portend broader policy priority shifts. He outlines why institutions should maintain existing compliance controls, review policies and procedures, train staff and continue auditing fair lending practices to mitigate liability potential.

The Impact of the Supreme Court's Decision in Trump v. Slaughter

A single Supreme Court decision can reshape the regulatory landscape overnight. In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines the U.S. Supreme Court's decision in Trump v. Slaughter, a ruling that eliminates long-standing removal protections for Federal Trade Commission (FTC) commissioners and other independent agency leaders. The decision reversed Humphrey's Executor by allowing President Donald Trump to remove former FTC Commissioner Rebecca Slaughter. Mr. DiResta outlines how this outcome may influence future federal agency activity and highlights practical steps companies should take to evaluate regulatory exposure, compliance programs and enforcement risk. He explains how the court's decision marks a fundamental shift in the relationship between the president and executive agencies, signaling a more fluid regulatory environment in which enforcement priorities, rulemaking and oversight may change more quickly than at any point in the past nine decades.

The Core Elements of an Effective Compliance Management System

In today's regulatory environment, one weak link in your compliance strategy can expose your business to serious legal, financial and reputational risk. In his latest podcast, consumer protection attorney Anthony DiResta delivers a clear, executive-level look at what it takes to build a compliance management system (CMS) that meets the expectations of regulators including the Federal Trade Commission, Federal Deposit Insurance Corp. and Consumer Financial Protection Bureau. He provides practical insight into the essential prongs of a CMS: board and management oversight, written policies and procedures, effective training, ongoing monitoring and audit, consumer complaint response, risk assessment and third-party oversight. With a strong emphasis on leadership, accountability and culture, this episode shows why compliance is not simply a legal obligation, but a core business function that protects the organization, strengthens decision-making and drives long-term success in the marketplace.

The FTC and Consumer Online Transactions

Online commerce may not be a new concept, but the laws governing it continue to evolve. In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines the history of the Federal Trade Commission's (FTC) enforcement in the e-commerce space, with a particular focus on negative option billing practices. A negative option is a billing arrangement in which silence or inaction is treated as acceptance of an offer. The FTC drafted a formal amendment to the Negative Option Rule, but it was struck down in July 2025. Despite that setback, the agency has continued to pursue enforcement actions involving false advertising, failure to disclose membership enrollment terms and unnecessarily difficult cancellation processes, all while signaling plans to revisit the rulemaking process. The agency has also emphasized that any platform providing enrollment options must also provide cancellation options that are equally easy to access and use. Mr. DiResta advises that consumers who wish to report fraud, scams or deceptive business practices can do so at reportfraud.ftc.gov.

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.

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.

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.

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.

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.

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.

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