Clearly Conspicuous

Clearly Conspicuous

by Holland & Knight

Government Technology

The FTC Takes a Closer Look at Blurred Advertising to Children

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes a Look at Blurred Advertising to Children," consumer protection attorney Anthony DiResta analyzes a new Federal Trade Commission (FTC) staff paper recommending that businesses, social media influencers and others that market or promote products online to children should avoid blurring advertising with other content. Mr. DiResta outlines harms like deception, financial losses from accidental purchases, and targeting of harmful products. He also summarizes five recommendations from an FTC workshop to mitigate these risks, such as clearly distinguishing advertising and using disclosure icons.

The FTC Enforces the Fair Credit Reporting Act

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Enforces the Fair Credit Reporting Act," consumer protection attorney Anthony DiResta discusses the Federal Trade Commision's (FTC) recent actions against background check companies Truth Finder and Instant CheckMate. The FTC alleges the companies misrepresented criminal record information and violated the Fair Credit Reporting Act (FCRA) by failing to verify report accuracy. Under the proposed $5.8 million settlement order, Truth Finder and Instant CheckMate must implement monitoring, disclose material connections and permanently comply with all FCRA provisions if deemed a consumer reporting agency. Mr. DiResta emphasizes the FTC's robust enforcement of the FCRA and importance of properly evaluating regulatory obligations.

The FTC Acts Against Experian Customer Services

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Acts Against Experian Customer Services," consumer protection attorney Anthony DiResta discusses the recent Federal Trade Commission (FTC) action requiring Experian to pay $650,000 for violations of the CAN-SPAM Act. Mr. DiResta delves into CAN-SPAM compliance, offering a comprehensive guide to avoid potential legal pitfalls in email marketing. He highlights the active enforcement of consumer protection laws and underscores the importance of adhering to legal standards to safeguard consumer rights and ensure business success.

The CFPB Targets Data Brokers with Latest Proposed Rule

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB Targets Data Brokers with Latest Proposed Rule," consumer protection attorney Anthony DiResta shares his insight on the Consumer Financial Protection Bureau's (CFPB) proposed rules governing the practices of data brokers under the Fair Credit Reporting Act (FCRA). He outlines the comprehensive rules established by the FCRA that regulate consumer reporting agencies as well as the CFPB's previous studies regarding data brokers. Mr. DiResta explains that the key to staying on top of the current laws that deal with technological developments is to pay attention to the CFPB's initiatives that go beyond the financial services industry.

The Biden Administration's Push for Transparency in AI Technology

In this episode of his "Clearly Conspicuous" podcast series, "The Biden Administration's Push for Transparency in AI Technology," consumer protection attorney Anthony DiResta discusses the efforts of the Biden Administration to promote the transparent and secure development of artificial intelligence (AI) technology as well as initiatives that minimize AI-related harms. Mr. DiResta examines the White House's three principles that it deems fundamental to the future of AI: safety, security and trust. He explains that while the White House initiative lacks any enforcement mechanism, it can still take action to inform consumer protection agencies of appropriate regulatory structures around AI.

The FTC's Health Privacy Enforcement Actions

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Health Privacy Enforcement Actions," consumer protection attorney Anthony DiResta examines the two recent actions from the Federal Trade Commission (FTC) that signal its emergence as a leading regulatory agency concerning health data. Mr. DiResta reviews a joint letter from the FTC and the U.S. Department of Health and Human Services (HHS), as well as a recent post on the FTC's business blog that provides key insights for companies regarding its approach to health data protection and regulatory enforcement.

The FTC Announces Three Important Developments

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Announces Three Important Developments," consumer protection attorney Anthony DiResta highlights six of the final changes in the revised endorsement guides. Mr. DiResta examines what the proposed rule would specifically prohibit. The FTC believes there is a need for a rule specifying certain practices as illegal that clearly spells out prohibited practices and authorizes courts to impose civil penalties strengthening the FTC enforcement actions.

The FTC Takes Action Against the Amazon Prime Program

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against the Amazon Prime Program," consumer protection attorney Anthony DiResta examines the recent actions that the Federal Trade Commission (FTC) took against Amazon for allegedly enrolling consumers in its Prime program without their consent and making it difficult for them to cancel their subscriptions. Mr. DiResta breaks down the FTC's main complaints against Amazon and discusses how the case shows the FTC isn't afraid to combat the use of dark patterns in the marketplace, even against big companies.

Abuse Discovery Practices by the Government

In this episode of his "Clearly Conspicuous" podcast series, "Abuse Discovery Practices by the Government," consumer protection attorney Anthony DiResta reviews a district court's decision to sanction the Consumer Financial Protection Bureau (CFPB) for its behavior during a case involving a fraudulent debt collection scheme. The CFPB brought actions against 18 defendants, and the court dismissed claims against five of those defendants based on the agency's tactics during deposition. Mr. DiResta explains why the case serves as a reminder to counsel to challenge misconduct.

The FTC Cracks Down on Celebrity Endorsers

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Cracks Down on Celebrity Endorsers," consumer protection attorney Anthony DiResta examines the recent orders for permanent injunction, monetary judgment and other relief against Nudge LLC, Dean Graziosi and Scott Yancey brought by the Federal Trade Commission (FTC) and the Utah Division of Consumer Protection. Mr. DiResta reviews the allegations in the case and explains how the settlements show that celebrity endorsers can be held liable for consumer protection claims, not just companies and principles.

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