In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta reviews recent trends in state-level consumer protection enforcement. He highlights notable actions by state attorneys general (AGs)...more
In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta discusses recent actions taken by state attorneys general (AGs) in the enforcement of consumer protection laws and regulations. His...more
In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta explores the Federal Trade Commission's (FTC) increasing scrutiny of deceptive claims related to artificial intelligence (AI). He outlines...more
In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an early analysis of the Federal Trade Commission's (FTC) direction under Chair Andrew Ferguson, emphasizing that the agency is...more
In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta delves into the shifting landscape of consumer protection regulation amid significant policy and administrative changes at federal...more
In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta delves into recent leadership changes at the Federal Trade Commission (FTC). Mr. DiResta explores the legal...more
President Donald Trump has issued "Combating Unfair Practices in the Live Entertainment Market," an executive order (EO) that calls on the U.S. Attorney General and Federal Trade Commission (FTC) to enforce competition laws...more
4/3/2025
/ Anti-Competitive ,
Antitrust Violations ,
Consumer Protection Laws ,
Enforcement Actions ,
Entertainment Industry ,
Event Tickets ,
Executive Orders ,
Federal Trade Commission (FTC) ,
State Attorneys General ,
Ticket Pricing ,
Trump Administration
In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the direction of the Federal Trade Commission (FTC) under Chairman Andrew Ferguson. Ferguson is expected to...more
In the 54th episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses significant regulatory actions taken against Grubhub by the Federal Trade Commission (FTC) and Illinois...more
In this episode of his "Clearly Conspicuous" podcast series, "The CFPB Takes Action Against VyStar Credit Union," consumer protection attorney Anthony DiResta examines the Consumer Financial Protection Bureau's (CFPB) action...more
The election of Donald Trump as president, combined with forthcoming Republican control of Congress, likely means significant change in how the Federal Trade Commission (FTC or Commission) is structured and approaches...more
11/21/2024
/ Antitrust Investigations ,
Antitrust Provisions ,
Artificial Intelligence ,
Big Tech ,
Compliance ,
Congressional Review Act ,
Corporate Counsel ,
Deregulation ,
Election Results ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Monopolization ,
Presidential Appointments ,
Privacy Laws ,
Regulatory Agenda ,
Rulemaking Process ,
Trump Administration ,
Unfair or Deceptive Trade Practices
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...more
Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more
2/20/2024
/ Advertising ,
Communications Decency Act ,
Endorsements ,
Enforcement ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Online Reviews ,
Proposed Rules ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
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...more
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...more
Holland & Knight hosted Michael Atleson, a senior attorney for the Federal Trade Commission (FTC or Commission), for a webinar presentation on Nov. 7, 2023. Mr. Atleson has been with the FTC for nearly two decades and...more
11/22/2023
/ Artificial Intelligence ,
Best Practices ,
Biden Administration ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Interagency Agreement ,
Machine Learning ,
Popular ,
Risk Management ,
Section 5
Artificial Intelligence (AI) is rewriting norms and changing the way we interact with the world. It is likely AI will have an outsized impact on every facet of life; this could be the start of the next technological...more
7/26/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biometric Information ,
Compliance ,
Data Collection ,
Deceptive Intent ,
Disclaimers ,
Discrimination ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Popular ,
Regulatory Agenda ,
Transparency ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC or Commission) and the Utah Division of Consumer Protection (DCP or Division; collectively with the FTC, Plaintiffs) brought law enforcement actions against defendants Nudge LLC, Dean...more
6/13/2023
/ Advertising ,
Business Opportunity Laws ,
Celebrity Endorsements ,
Consumer Privacy Rights ,
Endorsements ,
Enforcement Actions ,
Exploitation ,
False Statements ,
Federal Trade Commission (FTC) ,
Fraud ,
Marketing ,
Material Misstatements ,
Misrepresentation ,
Real Estate Investments ,
Settlement ,
Training ,
Unfair or Deceptive Trade Practices
For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule. This regulation requires certain businesses not covered by the Health Insurance Portability and...more
2/3/2023
/ Breach Notification Rule ,
Consent ,
Corporate Counsel ,
Data Breach ,
Data-Sharing ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Technology ,
HIPAA Breach ,
HIPAA Breach Notification Rule ,
Mobile Apps
The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more
1/27/2023
/ Advertising ,
Compliance ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labeling ,
Made in the USA ,
Marketing ,
New Guidance ,
Popular ,
Product Labels ,
Supply Chain ,
Unfair or Deceptive Trade Practices
In September 2022, the Consumer Financial Protection Bureau (CFPB) entered into a consent order against a large national bank for charging unfair and abusive overdraft fees. In support of its action, the Bureau noted that...more
When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account...more
A coalition of 34 state attorneys general announced on May 19, 2020, that it had secured a settlement with one of the nation's largest subprime auto financing companies for alleged violations of state consumer protection...more
The Federal Trade Commission (FTC) sent letters on March 27, 2020, and April 3, 2020, to several Voice over Internet Protocol (VoIP) service providers warning them that routing and transmitting illegal robocalls, including...more
The Consumer Financial Protection Bureau (CFPB) announced that it has entered into a consent order with online payment platform Dwolla Inc., alleging that Dwolla made false representations to consumers relating to its data...more