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.

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 Commission (FTC) outlining new agency priorities under the Trump Administration. The press release emphasizes the elimination of programs related to diversity, equity and inclusion (DEI) within the federal government, marking a shift in the philosophical direction of the FTC. This episode focuses on other potential changes in FTC operations under Chairman Andrew Ferguson and explores how these shifts will affect compliance and advocacy strategies for companies dealing with the FTC, including alternative approaches aligned with the administration's agenda.

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 attorney general (AG). FTC and Illinois AG accused Grubhub of unlawful practices including fake restaurant affiliations, deceptive delivery cost practices and driver earnings misrepresentation, and the company will pay $25 million to settle the charges. Mr. DiResta notes that Grubhub reportedly received a warning letter in 2021 but did not change its practices, which he highlights as a prime example of how essential it is for businesses to "be very aware" of regulatory notices from federal enforcement authorities.

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 (FTC) new rule targeting mandatory hidden fees and enhanced transparency in pricing disclosures. The rule, finalized after significant public feedback, specifically addresses the live-event ticketing and short-term lodging sectors, requiring businesses to include all mandatory fees in the prominently displayed total price. Although certain fees, such as government-imposed taxes and optional amenities, can be excluded, they must be clearly disclosed before purchase. Mr. DiResta emphasizes that though the rule currently targets only two industries, it reflects the FTC's broader intent to tackle deceptive pricing practices across various sectors.

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 against VyStar Credit Union ordering the company to pay $1.5 million for a failed online banking system rollout that left consumers unable to access their accounts. The CFPB found that VyStar violated the Consumer Financial Protection Act by ignoring red flags and rushing an untested platform, resulting in significant harm to its members. In this episode, Mr. DiResta highlights the CFPB's authority to take action against large credit unions and the importance of proper planning and testing when implementing new financial technology.

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB) new order requiring TD Bank to pay $28 million for breakdowns that allegedly tarnish consumer credit reports. Mr. DiResta provides a high-level overview and key takeaways regarding this investigation.

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 potential changes at the Federal Trade Commission (FTC) following the recent election. Mr. DiResta is a former director at a regional office of the FTC who has defended companies in dozens of FTC investigations and who counsels companies in compliance management and risk assessments. He draws on this experience to examine how the FTC's structure and enforcement approach may evolve under the new administration. He also dives into a deep discussion on the role of state attorneys general in consumer protection and offers practical guidance for businesses navigating these changes as Republicans take control of both the White House and Congress. This insightful episode provides valuable perspective on the shifting landscape of consumer protection regulation and enforcement.