In this episode of his "Clearly Conspicuous" podcast series, "FTC's Approach to Made in the USA Claims," consumer protection attorney Anthony DiResta takes another look at issues surrounding Made in the USA claims, based on insight from Federal Trade Commission (FTC) attorney Michael Ostheimer. Mr. DiResta reviews the FTC's rules on these claims as well as recent enforcement actions regarding dark posting, unsolicited emails and junk fees. He also covers standards for consumer and employee reviews, promotional tools and sweepstakes, and factors that lead the FTC to commence an investigation.

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Focus on Social Media Advertising Policies," consumer protection attorney Anthony DiResta explores the social media ecosystem and the Federal Trade Commission's (FTC) regulations on social media advertising. Mr. DiResta talks about how the FTC requires business that engage in social media advertising to have a formal social media policy. Those policies must be effective and implemented by management. He also breaks down three ways that virtual influencers can push a product while providing sufficient disclosures and information to the consumer.

In this episode of his "Clearly Conspicuous" podcast series, "The FTC’s Mission: Competition and Antitrust," consumer protection attorney Anthony DiResta explores something that's not in the consumer protection wheelhouse, but is part of the FTC's mission, competition and antitrust. Mr. DiResta highlights the Merger Filing Fee Modernization Act that Congress was able to pass, which will increase filing fees for many transactions, including a new maximum fee. The filing fees will be used to increase resources for both the FTC and U.S. Department of Justice's (DOJ) Antitrust Division. He also breaks down how aggressive and progressive the FTC is from a regulatory standpoint and the regulation needed to control markets.

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Agenda & Data Privacy," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's agenda around data privacy. Mr. DiResta explains that while data privacy remains a top priority on President Biden's agenda, the current FTC composition has changed significantly in recent months. President Biden is calling on Congress to ban targeted advertising to children and impose stricter limits on the personal data that companies collect.

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Regulation of Social Advertising," consumer protection attorney Anthony DiResta breaks down 16 key highlights that Michael Ostheimer shared about regulation of social media, advertising and the law, according to the Federal Trade Commission (FTC). Mr. Ostheimer is a senior attorney in the FTC's division of Advertising Practices who specializes in social media advertising and governmental law enforcement investigations.

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule to Fight Impersonation Scams," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) proposal for a new rule to tackle government and business impersonation scams. The proposed rule aims to hold impostors and those providing the means for such scams accountable by codifying the laws protecting consumers from these activities. Mr. DiResta highlights an increase in scams since the COVID-19 pandemic and explains how the proposed rule targets deceptive practices such as false affiliation claims and misuse of logos. Despite limitations from the AMG Capital case, the FTC continues its commitment to consumer protection.

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB's Proposal to Create a Public Registry," consumer protection attorney Anthony DiResta dives into the Consumer Financial Protection Bureau's (CFPB) proposed rule to establish a public registry of supervised nonbanks' terms and conditions in form contracts that potentially waive or limit consumer rights and protections. Mr. DiResta explains the CFPB's origin, purpose and defined role as a federal consumer protection agency with circumscribed powers. The CFPB was not designed to act as a legislative body or as a platform to publish information. According to the bureau, the proposed public registry will increase market transparency and improve governmental and regulatory oversight.

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Click to Cancel Proposal," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) latest proposed rule that aims to make it easier for consumers to cancel their subscriptions. Mr. DiResta examines the potential benefits and drawbacks of the new proposed rule while detailing the various updates the FTC is proposing to its negative option rule. If your business practices use negative options, this is an important development to watch.

In this episode of his "Clearly Conspicuous" podcast series, "Junk Fees: It’s a Political Issue," consumer protection attorney Anthony DiResta continues the discussion of the Federal Trade Commission's (FTC) interest in hidden fees. This episode focuses on the Consumer Financial Protection Bureau's (CFPB) actions and concerns, focusing on surprise overdraft fees.

In this episode of his "Clearly Conspicuous" podcast series, "Junk Fees: What's the Flap All About," consumer protection attorney Anthony DiResta discusses the political and regulatory background of junk fees, with a focus on the Federal Trade Commission (FTC). He explains the Junk Fees Prevention Act and the FTC's proposed rule to address deceptive or unfair junk fees. Mr. DiResta outlines specific practices targeted by the commission and emphasizes the importance of companies closely monitoring developments and revising their fees policies proactively. Stay tuned for part two, which will examine the role of the Consumer Financial Protection Bureau (CFPB) in addressing hidden fees.