Podcast - Key Consumer Protection Issues in 2026
In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta previews the top Federal Trade Commission (FTC) and state attorney general enforcement priorities for 2026, stressing a shift from one-off misrepresentations to systematic enforcement focused on governance, design and individual accountability. He highlights key risk areas including privacy and data security, social media advertising, online consumer transactions and artificial intelligence. Overall, he says, companies should expect regulators to judge less what business say and more how their systems operate.
Anthony DiResta: Welcome to another podcast of Clearly Conspicuous. As we have noted in previous sessions, our goal in these podcasts is to make you succeed in this governmental and regulatory environment, make you aware of what's going on with the federal and state consumer protection agencies and give you practical tips for success. As always, it's a privilege to be with you today.
Today I'm going to provide a very high-level outline of the key consumer protection issues in 2026 that will likely get the attention of the Federal Trade Commission and state attorneys general.
As we look toward next year, consumer protection enforcement is entering a more mature, coordinated and structured phase. The Federal Trade Commission and state attorneys general are no longer focused solely on isolated misrepresentations or technical violations. Instead, they are asking deeper questions about how businesses are designed, who knew what and when and how systems shape consumer outcomes.
Theme 1: Privacy and Data Security, Especially for Children and Teenagers
The protection of children and teenagers online is the moral and rhetorical centerpiece of modern enforcement. Regulators now scrutinize targeted advertising, algorithms that provider recommendations, behavioral profiling and data retention. The focus has shifted from breach response to preventative design obligations.
Theme 2: Social Media Advertising, Influencers and Platform Accountability
Key concerns include undisclosed influencer relationships, native advertising, algorithmic amplification of deceptive claims and platform accountability. Disclosure clarity on mobile platforms and advertiser oversight are central enforcement themes.
Theme 3: Clear and Conspicuous Terms in Online Consumer Transactions
Regulators emphasize transparency in subscriptions, auto-renewals, cancellation practices, hidden fees and dark patterns. Designs are increasingly treated as a consumer protection issue.
Theme 4: Nonprofits That Fail to Serve Their Missions
State attorneys general aggressively enforce laws against misleading charitable solicitation, governance failures and misuse of funds. Nonprofit status does not insulate organizations from consumer protection laws.
Theme 5: Individual Liability for Executives and Decision-Makers
Executives who knew or should have known about deceptive practices, or unfair trade business practices, face personal liability. Investigations now routinely examine internal communications, board oversight and compliance systems.
Theme 6: Contests, Sweepstakes and Promotional Compliance
Violations often include improper disclosures, registration failures and illegal lottery structures. Cross-state promotions invite multistate enforcement.
Theme 7: Artificial Intelligence and Algorithmic Accountability
AI claims are scrutinized under traditional deception doctrines. Regulators expect reasonable governance, testing and transparency — not perfection.
Theme 8: Data Minimization, Retention and Post-Breach Conduct
Regulators now question why data was collected and retained. Post-breach conduct — notification speed, remediation and transparency — heavily influences enforcement outcomes.
Theme 9: Fees, Pricing and "Junk Fees"
Hidden fees and unclear pricing structures remain a top priority, especially where comparison shopping is impaired.
Theme 10: Buy Now, Pay Later and Alternative Payments
These products face scrutiny for disclosure failures, debt accumulation and data use practices. Coordination among regulators is increasing.
Theme 11: Environmental and Wellness Claims
Greenwashing and unsubstantiated wellness claims are expanding enforcement frontiers as consumers rely much more heavily on ethical and health representations.
Theme 12: Multistate Coordination and Structural Enforcement
State attorneys general increasingly coordinate investigation, amplifying enforcement risk.
Key Takeaway
So folks, here's the key takeaway. From statements to system[s], regulators now evaluate how companies operate, not just what they say. Systems, governance, design and individual accountability define consumer protection enforcement in 2026. So please stay tuned to further programs as we identify and address the key issues and developments, and provide strategies for success. I wish you continued success and a meaningful day. Thank you.