Clearly Conspicuous

As artificial intelligence (AI) becomes embedded in daily life, the Federal Trade Commission (FTC) has signaled it has no immediate plans to implement AI-specific rules. In this episode, consumer protection attorney Anthony DiResta analyzes recent statements by FTC Bureau of Consumer Protection Director Chris Mufarrige and compares the agency's current enforcement outlook with past regulatory actions. According to Mr. DiResta, the FTC appears focused on targeting bad actors, rather than the technology they are using, and avoiding the pursuit of rules that could slow AI industry growth. That shift is evident in the commission's case against AI writing assistant Rytr, which alleged review generation abuses but was set aside for lack of evidence of actual consumer harm. The outcome aligns with the White House AI Action Plan's emphasis on avoiding regulatory overreach. Overall, Mr. DiResta concludes, AI use that misleads consumers or violates existing laws will still draw federal scrutiny, but the FTC is signaling a more supportive posture toward technological innovation.

Online reviews are critical to developing consumer trust, and the Federal Trade Commission (FTC) has signaled it's ready to track down anyone trying to manipulate such reviews. Consumer protection attorney Anthony DiResta breaks down the FTC's latest warning letters targeting potential violations of the consumer review rule, an enforcement move that puts online reviews and testimonials at the center of attention. This episode also explains what the rule covers, from fake "verified" experiences and undisclosed insider reviews to incentivized ratings and suppression of negative feedback, and why the FTC is now shifting from education to action. With civil penalties up to $50,000 per violation and industries spanning e-commerce, hospitality, beauty, wellness and technology potentially exposed, Mr. DiResta recommends businesses and their advisors take proactive compliance steps now to avoid regulatory scrutiny later. This conversation is a timely road map for companies as they audit current marketing practices and tighten incentive programs to protect consumer trust and avert formal investigations or lawsuits.

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta breaks down why social media advertising has become a top Federal Trade Commission (FTC) priority for 2026 and how long‑standing consumer protection rules against deception and unfairness apply to today's influencer-heavy and algorithm-driven marketing. He explains how brands use social platforms to leverage trust, reduce consumer resistance to ads and benefit from algorithmic amplification while increasing legal risk when sponsorships aren't clearly disclosed or when responsibility is spread across brands, creators, agencies and platforms. Mr. DiResta also outlines the FTC's expectations for businesses utilizing online advertising, as put forth in its Endorsement Guides. He concludes by highlighting why companies must have a real social media compliance program with policies, training, monitoring and corrective action going into 2026.

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta previews the top Federal Trade Commission (FTC) and state attorney general enforcement priorities for 2026, stressing a shift from one-off misrepresentations to systematic enforcement focused on governance, design and individual accountability. He highlights key risk areas including privacy and data security, social media advertising, online consumer transactions and artificial intelligence. Overall, he says, companies should expect regulators to judge less what business say and more how their systems operate.

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines why board governance is under the Federal Trade Commission's (FTC) microscope and what directors must do to meet agency expectations. He begins by categorizing the main themes of regulatory focus: data security, antitrust and board composition, compliance and risk governance, and the emergence of artificial intelligence (AI) and algorithmic accountability. He then offers practical steps such as building regulatory literacy, establishing measurable risk reporting, structuring effective governance committees, testing resources and programs, documenting oversight in minutes and embedding ethics into culture—along with a checklist of specific governance risks to monitor.

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an update on Federal Trade Commission (FTC) actions in the digital commerce space. Mr. DiResta discusses the FTC's core concerns with online transactions, including unclear or deceptive terms and conditions, insufficient privacy protections and failure to comply with the "Click to Cancel" rule. He then outlines a best practices framework for companies seeking to ensure compliance and build consumer trust. His final takeaway: Online commerce must be transparent, be fair and be consumer-centric.

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta unpacks a recent update in Trump v. Slaughter, in which the U.S. Supreme Court issued a stay allowing President Donald Trump's removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter to stand while the case makes its way through the appeals process. He previews full arguments in December of this year that could revisit – and even overturn – Humphrey's Executor. Mr. DiResta explains the FTC's origins, structure and independence, as well as the 1935 precedent set in Humphrey's Executor limiting presidential removal of FTC commissioners. He additionally reviews Justice Elena Kagan's dissent in the court's order and analyzes how the move signals a potential recalibration of separation of powers. The episode outlines far-reaching implications if removal protections are narrowed: greater presidential control over independent agencies (FTC, National Labor Relations Board (NLRB), Federal Communications Commission (FCC), Consumer Product Safety Commission (CPSC) and Merit Systems Protection Board (MSPB)), reduced institutional independence, more litigation over "for cause" standards and broader precedent shifts affecting agency governance. The discussion closes with key questions for businesses and counsel to monitor as the future of the FTC, and independent commissions more broadly, may be shaped by the court's forthcoming decision.

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta covers the emerging issues driving federal and state enforcement and private litigation. He highlights six themes shaping priorities: artificial intelligence (AI) and automation, advertising and marketing practices, privacy and data security, unfair and abusive practices, sector-specific scrutiny of financial services, health and environmental claims, and escalating coordination among enforcers. Mr. DiResta explains how agencies are intensifying oversight of AI transparency and bias, influencer and native advertising disclosures, data collection and breach response, "dark patterns," hidden fees and products targeting vulnerable consumers. He then describes practical steps to help mitigate unwanted attention from the government, from AI audits and human oversight to substantiation, social media policies, incident response plans and consumer-centric design. He concludes by highlighting how important it is to build trust through first instance compliance to reduce risk and position your business to thrive in a dynamic enforcement landscape.

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta discusses strategies and techniques for defending an investigation by a federal or state consumer protection agency in the current political landscape.He breaks the process into five phases:1. understanding the landscape 2. discovery and information gathering 3. communication and relationship building 4. controlling the narrative 5. strategic resolutionMr. DiResta emphasizes the importance of strategy, credibility and advocacy throughout the process, as well as securing counsel who will protect your interests while building rapport with government staff.

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) across the U.S., from Florida's investigations into Roblox and Google's advertising practices, to multistate efforts against illegal electronic cigarettes, multimillion-dollar settlements in Illinois and California, and New Hampshire's lawsuit against Meta for addictive design features that allegedly harm teens. The discussion underscores how states are actively policing deceptive marketing, false advertising and emerging digital issues, often filling gaps left by waning federal enforcement. With investigations intensifying and priorities varying by state, businesses are advised to maintain high compliance standards and pursue transparent, ethical marketing to avoid legal risks and foster consumer trust in an evolving regulatory landscape.

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 overview covers enforcement actions regarding deceptive advertising and fees in industries including Big Tech, social media, health and consumer products. Mr. DiResta reminds his listeners that state-level protection laws help provide a foundation for regulatory oversight, despite the shifts in federal enforcement priorities that can occur during the transition to new political administrations, meaning companies still need to stay aware of changes in compliance requirements that may affect their operations.

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). Mr. DiResta's discussion outlines eight essential pillars for effective compliance management: governance, substantiated marketing, transparency, data integrity, security, staff training, continuous monitoring and special precautions for high-risk AI uses. He emphasizes the importance of truth in advertising, informed consent, ethical data handling and ongoing vigilance in adapting to regulatory changes when companies advertise or promote their AI services or products.

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta discusses the recent U.S. Supreme Court decision in Trump v. CASA, Inc., where the court ruled federal district courts generally cannot issue universal injunctions under the Judiciary Act of 1789. The decision, delivered on June 27, 2025, means that district courts can only grant injunctions that provide relief to plaintiffs with standing, not to those who are not parties to the case. Mr. DiResta examines possible significant implications for businesses and individuals subject to federal statutes or executive actions, as well as the other avenues that remain available for obtaining broad relief.

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 the FTC's focus on exaggerated performance claims, misleading product labeling, opaque data practices and bias in AI-powered systems, highlighting recent enforcement actions for false or misleading representations. Mr. DiResta emphasizes that businesses must ensure their AI-related claims are accurate, transparent and comply with existing consumer protection regulations.

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 intensifying, not scaling back, its enforcement efforts despite broader deregulatory trends. Mr. DiResta examines recent FTC actions that span multiple sectors, including holding a workshop on the tech industry's impact on families, issuing new rules against deceptive pricing, targeting business scams and increasing scrutiny on artificial intelligence (AI) product claims. This episode highlights the FTC's multi-agency collaboration and suggests that, although enforcement may become more selective, the focus will be on precedent-setting cases. Mr. DiResta cautions companies to not interpret deregulatory rhetoric as a relaxation of compliance expectations and instead understand that the need for robust, well-documented and proactive compliance measures has never been greater.

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 and enforcement approach. Mr. DiResta examines how the rule targets businesses selling live-event tickets and short-term lodging, requiring them to clearly disclose total prices — including all mandatory fees — upfront, and applies to both direct sellers and intermediaries. This episode details what is covered by the FAQs, what must be disclosed to avoid misrepresentation and how businesses should handle different types of charges.

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 agencies such as the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB). Mr. DiResta explores how these changes affect the enforcement of consumer protection laws and discusses the growing roles of state attorneys general and the media in shining a spotlight on corporate misconduct. Additionally, the podcast highlights the National Advertising Division (NAD) of the Better Business Bureau's role in overseeing deceptive advertising as businesses shift toward online marketing.

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 implications of President Donald Trump's dismissals of Democratic Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter, including statutes governing commissioner appointments and judicial decisions on the president's authority over them. The episode provides insights into the historical and legal context of FTC leadership changes and discusses how the two dismissals could affect the agency's functioning, given the new commissioner composition.

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 adopt a less regulatory and more business-friendly agenda by interpreting existing statutes narrowly while also upholding the commission's core role in enforcement, especially concerning artificial intelligence (AI) and targeted advertising. This episode explores the new chairman's views on AI and his skepticism about the commission's recent notices for monetary penalties on advertisers, which Mr. DiResta says portends an overall shift in agency priorities.

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta explores the future of the Consumer Financial Protection Bureau (CFPB) under the Trump Administration. He discusses an email from acting director Russell Vought directing staff to halt enforcement activities, along with how employees responded to it. Mr. DiResta explains that though the director has the authority to freeze such activities, the CFPB itself cannot be closed without congressional action.