Clearly Conspicuous

Clearly Conspicuous

by Holland & Knight

Government Technology

The FTC and Connecticut Join Forces for Action Against Nissan Dealer

In this episode of his "Clearly Conspicuous" podcast series, "The FTC and Connecticut Join Forces for Action Against Nissan Dealer," consumer protection attorney Anthony DiResta discusses a recent action taken by the Federal Trade Commission (FTC) and the state of Connecticut against Manchester City Nissan (MCN) for allegedly deceiving consumers and charging unauthorized fees. He examines the complaint's specific allegations, including tacking on certification charges for pre-certified vehicles, charging for bogus add-ons without consent and misrepresenting government-imposed taxes and fees. Mr. DiResta also emphasizes the importance of transparent pricing practices and warns that junk fees are currently a key focus of the FTC and the Biden Administration.

The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule Banning Deceptive Reviews and Testimonials," consumer protection attorney Anthony DiResta examines a proposed rule from the Federal Trade Commission (FTC) aimed at banning fake reviews, suppressing of negative reviews and buying positive reviews. The proposed rule seeks to prevent marketers from engaging in deceptive practices that mislead consumers and disadvantage honest businesses. Mr. DiResta analyses specific prohibitions, including the creation or procurement of fake reviews, review hijacking, compensating for positive reviews and undisclosed insider reviews. Additionally, the rule addresses illegal review suppression and the sale of false social media influence indicators.

The CFPB and State AGs Act Jointly Against Online Educational Company

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB and State AGs Act Jointly Against Online Educational Company," consumer protection attorney Anthony DiResta discusses a joint enforcement action taken by the Consumer Financial Protection Bureau (CFPB) and 11 state attorneys general against Prehired. Prehired was an online training programs for software sales positions. The CFPB accused the company of making false promises to borrowers, trapping students with illegal income share loans and engaging in abusive debt collection practices. The court-approved order requires Prehired to cease operations and void all outstanding loans, providing more than $30 in relief for student borrowers. Mr. DiResta explains how these actions highlight the significant consequences of joint federal and state enforcement actions in consumer protection.

The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against Old Southern Brass for False 'Made in the USA' Claims," consumer protection attorney Anthony DiResta examines Federal Trade Commission (FTC) enforcement efforts regarding "Made in the USA" claims. The FTC recently took action against Old Southern Brass for falsely claiming its products were made in the United States, the company was veteran-operated and proceeds of sales were donated to military-focused charities. Mr. DiResta dives into the FTC's proposed order that prohibits the company from making deceptive claims, requires a $150,000 payment and outlines strict guidelines for future "Made in USA" claims. He highlights the FTC's current focus on "Made in USA" marketing, emphasizing the importance for companies to adhere closely to FTC guidelines when making such assertions.

Part 2: An FTC Official Speaks About the Regulation of AI Technology

In this episode of his "Clearly Conspicuous" podcast series, "Part 2: An FTC Official Speaks About the Regulation of AI Technology," consumer protection attorney Anthony DiResta continues his discussion on the Federal Trade Commission's (FTC) approach to regulating artificial intelligence (AI). The Biden Administration's executive order on AI directs the FTC to use its authority to protect consumers from bias and discrimination in AI technology. Mr. DiResta explains that companies may face liability for AI vendors and contractors, so they should implement compliance measures like pre-release assessments, transparency, vetting vendors, employee training and monitoring. He also shares that as AI regulation evolves, the FTC will continue using its unfair practices jurisdiction to prosecute harmful AI applications, while more comprehensive federal and state AI laws may emerge.

The U.S. Chamber of Commerce Sues the FTC Over Power Grab

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the U.S. Chamber of Commerce's decision to sue the Federal Trade Commission (FTC) over its rule banning non-compete clauses in employment agreements. Mr. DiResta examines the Chamber's argument that the FTC overstepped its authority in issuing the rule and the key debate around whether non-competes protect businesses or suppress worker wages and mobility. He also explores if the FTC has clear legal authority to address non-competes.

The FTC Issued a New Rule to Ban All New Noncompete Agreements

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Issued a New Rule to Ban All New Noncompete Agreements," consumer protection attorney Anthony DiResta examines the Federal Trade Commission's new rule banning non-compete agreements in employment contexts. He provides background on the rule, explaining its goals of promoting competition and worker mobility. Mr. DiResta also outlines what the rule entails for employers, including notification requirements, and addresses potential legal challenges to the rule's enforcement.

An FTC Official Speaks About the Regulation of AI Technology

In this episode of his "Clearly Conspicuous" podcast series, "An FTC Official Speaks About the Regulation of AI Technology," consumer protection attorney Anthony DiResta dives into insights from Michael Atleson, a senior attorney at the Federal Trade Commission (FTC), on the agency's approach to regulating artificial intelligence (AI). This episode examines how the FTC uses Section 5 of the FTC Act to prosecute unfair or deceptive practices involving AI technology, such as exaggerating AI capabilities or using AI for deception like deepfakes.

The CFPB's Rule to Remove Medical Debt from Credit Reports

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB's Rule to Remove Medical Debt from Credit Reports," consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB) new rulemaking process to remove medical bills from consumer credit reports. Mr. DiResta explains that the proposal aims to consider what would help families financially recover from medical crises, stop debt collectors from coercing people into paying bills they may not even owe and ensure that creditors are not relying on data that is inaccurate. He also notes that the CFPB has engaged with stakeholders on the issue through public hearings featuring complaints about illegal debt collection and credit reporting practices related to medical billing.

The FTC Takes Initiative to Stop Junk Fees

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Initiative to Stop Junk Fees," consumer protection attorney Anthony DiResta summarizes the FTC's proposed rule to prohibit junk fees. Mr. DiResta dives into the rule's provisions, including requiring disclosed prices to include all mandatory fees and prohibiting fee misrepresentation. He emphasizes junk fees as a top FTC priority and encourages continued strategic compliance in this evolving regulatory environment and how the proposed rule aims to ban hidden, bogus and misrepresented fees through enforcement and refunds.

5 of 9