• Legal Implications of the Supreme Court's Ruling on Universal Injunctions
    Jul 9 2025

    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.

    Show More Show Less
    9 mins
  • FTC to Focus on Deceptive AI Claims: Compliance Management Strategies
    Jun 25 2025

    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.

    Show More Show Less
    8 mins
  • Compliance Needs are Alive and Well: FTC's Recent Enforcement Activity
    Jun 11 2025

    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.

    Show More Show Less
    7 mins
  • New Guidance on Complying with FTC Rule on Deceptive and Unfair Fees
    May 28 2025

    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.

    Show More Show Less
    8 mins
  • Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement
    Apr 16 2025

    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.

    Show More Show Less
    13 mins
  • FTC Commissioner Dismissals: Background and Implications
    Apr 9 2025

    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.

    Show More Show Less
    5 mins
  • FTC Regulatory and Enforcement Shifts Under New Leadership
    Mar 5 2025

    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.

    Show More Show Less
    7 mins
  • Changes at the CFPB Under the Trump Administration
    Feb 14 2025

    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.

    Show More Show Less
    6 mins