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.

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB Highlights Alleged Deceptive Debt Collection Practices," consumer protection attorney Anthony DiResta examines the Consumer Financial Protection Bureau's (CFPB) Summer 2024 Supervisory Highlights. The publication focuses on several areas of concern in consumer financial services, including auto and student loan servicing, debt collection practices, medical payment products and account freezes. In auto loan servicing, the CFPB identifies issues with inadequate notifications for final manual payments in auto-pay systems, while student loan servicers were found to have excessive barriers to assistance and inaccurate information about forbearance programs. Debt collectors were cited for disclosure violations, harassment and inconvenient communications. The report also notes concerns about medical credit cards and account freezes. Mr. DiResta explains that the CFPB's observations align with previously identified issues, particularly with regard to customer service levels and medical debt financing products.

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB) efforts to remove medical debt from credit reports. The CFPB believes the move will enhance consumer privacy, improve credit scores and end coercive debt collection practices. Mr. DiResta explores the potential benefits for both consumers and lenders, including potentially increasing the number of safe mortgage approvals.

In this episode of his "Clearly Conspicuous" podcast series, "Supreme Court Upholds CFPB Funding Structure," consumer protection attorney Anthony DiResta discusses a U.S. Supreme Court decision affirming the Consumer Financial Protection Bureau's (CFPB) funding mechanism by a 7-2 vote. This episode unpacks the historical and legal significance of the court's decision that overturned a lower court's ruling finding the funding model was unconstitutional. Mr. DiResta examines the majority opinion, penned by Justice Clarence Thomas, which leans on both the text of the Constitution and historical practices. He also explores Justice Samuel Alito's dissenting view, which argues the decision grants the CFPB unchecked financial autonomy.

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 Consumer Financial Protection Bureau's (CFPB) recent efforts to protect consumers in the debt collection industry. Mr. DiResta discusses the agencies' annual reports, highlighting aggressive practices from medical and rental debt collection companies, including attempts to collect already-paid bills and improperly inflated rental debts. He also outlines the CFPB's enforcement actions, emphasizing the bureau's focus on ensuring debt collectors follow consumer protection laws and touching on issues such as unsubstantiated debt collection and illegal threats.

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