In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta shares best practices for compliance with Federal Trade Commission (FTC) rules and regulations when using artificial intelligence (AI)....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
The Federal Trade Commission (FTC) has shown a growing interest in scrutinizing deceptive claims related to artificial intelligence (AI). This interest stems from the agency's core mission to protect consumers and ensure fair...more
6/11/2025
/ Algorithms ,
Artificial Intelligence ,
Enforcement Priorities ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
ROSCA ,
Section 5 ,
Technology Sector ,
Unfair or Deceptive Trade Practices
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 breaks down the Federal Trade Commission's (FTC) Rule on Unfair or Deceptive Fees, focusing on recent FAQs that clarify its application...more
5/28/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement ,
Federal Trade Commission (FTC) ,
Fees ,
Final Rules ,
Hidden Fees ,
Misrepresentation ,
New Guidance ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices
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
The U.S. Court of Appeals for the Fifth Circuit on Jan. 27, 2025, vacated the Federal Trade Commission's (FTC) Rule on Combating Auto Retail Scams (CARS Rule) before it could take effect, finding that the FTC failed to follow...more
2/6/2025
/ Administrative Procedure Act ,
Automotive Industry ,
Car Dealerships ,
CARS Rule ,
Enforcement ,
Federal Trade Commission (FTC) ,
Final Rules ,
Rulemaking Process ,
Scams ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Vacated
In this episode of his "Clearly Conspicuous" podcast series, "What to Expect from the New FTC Leadership," consumer protection attorney Anthony DiResta discusses a Jan. 22, 2025, press release from the Federal Trade...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, "Hidden Fees in the Live-Event Ticketing and Short-Term Lodging Industries," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's...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 Election's Impact on the FTC Will Bring Big Changes, But Being Vigilant Must Remain a Priority," consumer protection attorney Anthony DiResta explores the...more
In this episode of his "Clearly Conspicuous" podcast series, "FTC and CFPB Focus on Medical, Rental Debt Collection Practices," consumer protection attorney Anthony DiResta examines the Federal Trade Commission (FTC) and...more
In this episode of his "Clearly Conspicuous" podcast series, "FTC Challenges H&R Block's Marketing and Data Practices," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) actions...more
For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's...more
8/20/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
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...more
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...more
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...more
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...more
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...more
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...more