Podcast
Clearly Conspicuous
Hosted by Holland & Knight · EN
Clearly Conspicuous is a podcast series brought to you by Holland & Knight and hosted by consumer protection attorney Anthony DiResta. Here at Holland & Knight we have the working knowledge of how federal and state agencies operate and how courts address consumer protection issues.
Consumer protection laws and regulations impact every dimension of business. Aggressive federal and state agencies are getting the attention of senior executives who are concerned about risk management, compliance challenges and high-profile governmental inquiries. Holland & Knight's Consumer Protection Defense and Compliance Team has the experience, knowledge, relationships and platform to effectively work with our clients to address these issues.
14episodes
Episodes
Newest firstAll episodes
A Roadmap for Emerging Consumer Protection Issues
Sep 1700:11:01Tap to summarizeIn 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.
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Consumer Protection Investigations: What You Should Do
Sep 300:08:01Tap to summarizeIn 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.
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Tracking Trends in State-Level Consumer Protection Enforcement
Aug 2000:09:26Tap to summarizeIn 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.
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The FTC Enforces the Fair Credit Reporting Act
Mar 6, 2024Tap to summarizeIn this episode of his "Clearly Conspicuous" podcast series, "The FTC Enforces the Fair Credit Reporting Act," consumer protection attorney Anthony DiResta discusses the Federal Trade Commision's (FTC) recent actions against background check companies Truth Finder and Instant CheckMate. The FTC alleges the companies misrepresented criminal record information and violated the Fair Credit Reporting Act (FCRA) by failing to verify report accuracy. Under the proposed $5.8 million settlement order, Truth Finder and Instant CheckMate must implement monitoring, disclose material connections and permanently comply with all FCRA provisions if deemed a consumer reporting agency. Mr. DiResta emphasizes the FTC's robust enforcement of the FCRA and importance of properly evaluating regulatory obligations.
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