Clearly Conspicuous is a podcast series brought to you by Holland & Knight (https://www.hklaw.com/en) and hosted by consumer protection attorney Anthony DiResta (https://www.hklaw.com/en/professionals/d/diresta-anthony-e). 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 (https://www.hklaw.com/en/services/practices/litigation-and-dispute-resolution/consumer-protection-defense-and-compliance) has the experience, knowledge, relationships and platform to effectively work with our clients to address these issues.
The Federal Trade Commission's Current Approach to AI Regulation
A shift in federal artificial intelligence (AI) policy redefines how regulators approach innovation and enforcement. In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta (https://www.hklaw.com/en/professionals/d/diresta-anthony-e) examines how the Trump Administration's executive order on artificial intelligence and "America's AI Action Plan" have influenced the Federal Trade Commission's (FTC) current approach to AI regulation. Mr. DiResta highlights the FTC's decision to set aside its order against Rytr LLC as a key example of the agency's move away from abstract theories that may burden AI innovation while continuing to pursue companies that allegedly make deceptive claims about AI products, performance and capabilities.
25 Aug 2026
The FTC's Personalized Pricing Policy Statement
The best compliance strategy is not waiting for enforcement to arrive; it's preparing for it before regulators ask questions. In this episode of "Clearly Conspicuous," Anthony DiResta (https://www.hklaw.com/en/professionals/d/diresta-anthony-e) interviews his colleague Benjamin Genn (https://www.hklaw.com/en/professionals/g/genn-benjamin-a) of Holland & Knight's Consumer Protection Defense and Compliance Team about the Federal Trade Commission's (FTC) proposed personalized pricing policy statement and its potential impact on consumer-facing businesses. Mr. Genn explains the FTC's disclosure-based approach to personalized pricing (also known as surveillance pricing), outlines the deception and unfairness theories underlying the agency's enforcement framework, and distinguishes lawful dynamic pricing based on broader market conditions from the individualized pricing practices targeted by the government's proposed enforcement focus. He also highlights the practical steps companies should take now, including auditing pricing algorithms, evaluating data use disclosures and assessing risks tied to vulnerability-based pricing practices before the September 18, 2026, comment deadline.
20 Aug 2026
Surveillance Pricing vs. Dynamic Pricing: What Companies Need to Know
The strongest defense when the government asks questions is to know your answers beforehand. In this episode of "Clearly Conspicuous," Anthony DiResta (https://www.hklaw.com/en/professionals/d/diresta-anthony-e) interviews his colleague Benjamin Genn (https://www.hklaw.com/en/professionals/g/genn-benjamin-a) of the firm's Consumer Protection Defense and Compliance Team about the widening crackdown on surveillance pricing and how it differs legally from lawful dynamic pricing. After distinguishing the two pricing practices, Mr. Genn points to one major airline as the model: When three senators demanded answers about its plans to expand artificial intelligence (AI) use in flight pricing, the airline defused the inquiry by producing documentation showing its systems use aggregate demand signals rather than individualized personal data. This example indicates companies should map their pricing algorithms and loyalty program data flows now, before Congress, the Federal Trade Commission (FTC) or state attorneys general come knocking.
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