Clearly Conspicuous

Clearly Conspicuous

by Holland & Knight

Government Technology

The FTC and DOJ Act Against Amazon to Protect Privacy

In this episode of his "Clearly Conspicuous" podcast series, "The FTC and DOJ Act Against Amazon to Protect Privacy," consumer protection attorney Anthony DiResta analyzes the recent actions that the Federal Trade Commission and U.S. Department of Justice took against Amazon for unlawfully retaining sensitive children's data and misleading Alexa users about their ability to delete their geolocation information. Mr. DiResta explains how Amazon violated the Children's Online Privacy Protection Act, which prohibits the retention of children's personal data and related information for longer than is reasonably necessary to fulfill the purposes for which the information is collected. He also discusses what this lawsuit means for the future of Amazon and other tech companies.

The FTC Aims for True Fairness in Use of AI

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Aims for True Fairness in Use of AI," consumer protection attorney Anthony DiResta takes a deeper look into the world of artificial intelligence (AI) and the legal ways that the Federal Trade Commission (FTC) can protect consumers from discrimination in this emerging technology. Mr. DiResta examines the question "how can we harness the benefits of AI without inadvertently introducing bias or other unfair outcomes?" He discusses deceptive AI claims, including the claim of a product using AI when instead the product was developed by AI.

Unlawful Discrimination by Artificial Intelligence

In this episode of his "Clearly Conspicuous" podcast series, "Unlawful Discrimination by Artificial Intelligence," consumer protection attorney Anthony DiResta explores the emerging world of artificial intelligence (AI). He focuses on a joint statement issued by the heads of several key federal agencies, including the Federal Trade Commission (FTC), that covers the social, economic, political and legal implications of AI as well as explores bias and discrimination in its use by businesses. Mr. DiResta breaks down several aspects of the statement and provides key takeaways for companies looking to incorporate AI into their platforms.

FTC's Approach to Made in the USA Claims

In this episode of his "Clearly Conspicuous" podcast series, "FTC's Approach to Made in the USA Claims," consumer protection attorney Anthony DiResta takes another look at issues surrounding Made in the USA claims, based on insight from Federal Trade Commission (FTC) attorney Michael Ostheimer. Mr. DiResta reviews the FTC's rules on these claims as well as recent enforcement actions regarding dark posting, unsolicited emails and junk fees. He also covers standards for consumer and employee reviews, promotional tools and sweepstakes, and factors that lead the FTC to commence an investigation.

The FTC's Focus on Social Media Advertising Policies

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Focus on Social Media Advertising Policies," consumer protection attorney Anthony DiResta explores the social media ecosystem and the Federal Trade Commission's (FTC) regulations on social media advertising. Mr. DiResta talks about how the FTC requires business that engage in social media advertising to have a formal social media policy. Those policies must be effective and implemented by management. He also breaks down three ways that virtual influencers can push a product while providing sufficient disclosures and information to the consumer.

The FTC's Mission: Competition and Antitrust

In this episode of his "Clearly Conspicuous" podcast series, "The FTC’s Mission: Competition and Antitrust," consumer protection attorney Anthony DiResta explores something that's not in the consumer protection wheelhouse, but is part of the FTC's mission, competition and antitrust. Mr. DiResta highlights the Merger Filing Fee Modernization Act that Congress was able to pass, which will increase filing fees for many transactions, including a new maximum fee. The filing fees will be used to increase resources for both the FTC and U.S. Department of Justice's (DOJ) Antitrust Division. He also breaks down how aggressive and progressive the FTC is from a regulatory standpoint and the regulation needed to control markets.

The FTC Agenda & Data Privacy

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Agenda & Data Privacy," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's agenda around data privacy. Mr. DiResta explains that while data privacy remains a top priority on President Biden's agenda, the current FTC composition has changed significantly in recent months. President Biden is calling on Congress to ban targeted advertising to children and impose stricter limits on the personal data that companies collect.

The FTC's Regulation of Social Media Advertising

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Regulation of Social Advertising," consumer protection attorney Anthony DiResta breaks down 16 key highlights that Michael Ostheimer shared about regulation of social media, advertising and the law, according to the Federal Trade Commission (FTC). Mr. Ostheimer is a senior attorney in the FTC's division of Advertising Practices who specializes in social media advertising and governmental law enforcement investigations.

The FTC's Proposed Rule to Fight Impersonation Scams

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule to Fight Impersonation Scams," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) proposal for a new rule to tackle government and business impersonation scams. The proposed rule aims to hold impostors and those providing the means for such scams accountable by codifying the laws protecting consumers from these activities. Mr. DiResta highlights an increase in scams since the COVID-19 pandemic and explains how the proposed rule targets deceptive practices such as false affiliation claims and misuse of logos. Despite limitations from the AMG Capital case, the FTC continues its commitment to consumer protection.

The CFPB's Proposal to Create a Public Registry

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB's Proposal to Create a Public Registry," consumer protection attorney Anthony DiResta dives into the Consumer Financial Protection Bureau's (CFPB) proposed rule to establish a public registry of supervised nonbanks' terms and conditions in form contracts that potentially waive or limit consumer rights and protections. Mr. DiResta explains the CFPB's origin, purpose and defined role as a federal consumer protection agency with circumscribed powers. The CFPB was not designed to act as a legislative body or as a platform to publish information. According to the bureau, the proposed public registry will increase market transparency and improve governmental and regulatory oversight.

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