Kelley Drye Ad Law Access Podcast: Recent Episodes
Kelley Drye Advertising Law
The Ad Law Access podcast, now available daily, is powered by Kelley Drye’s Advertising and Privacy / Data Security teams.
Hosted by Simone Roach, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law.
Please visit the Advertising and Privacy Law Resource Center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center and our award winning blog at https://adlawaccess.com.
What did July reveal about the future of advertising law and consumer protection? In this Summer Edition of the Ad Law Access Podcast, we take a step back from the month’s individual developments to explore the bigger trends shaping the legal landscape, from the application of traditional advertising principles to AI claims and growing scrutiny of data-driven and comparative pricing, to the expanding role of state attorneys general in privacy, child safety, affordability, and multistate enforcement. We also examine continued attention on environmental marketing, influencer disclosures, subscriptions, food delivery fees, and practical compliance strategies for businesses. One theme connects them all: the lines between advertising, privacy, consumer protection, and state enforcement are increasingly blurred, creating new compliance challenges for companies navigating today’s rapidly evolving marketplace. Hosted by Simone Roach.
What happens when the FTC says “cancel” should actually mean cancel? In this episode, we unpack the FTC’s lawsuit against Uber, which alleges the company enrolled consumers in its Uber One subscription without obtaining proper consent, made misleading savings claims, and created an unnecessarily complicated cancellation process despite advertising that members could cancel “anytime.” The case underscores the FTC’s continued focus on subscription practices, automatic renewals, and negative option marketing, reinforcing that clear disclosures, express informed consent, and simple cancellation mechanisms remain core compliance expectations. For businesses offering recurring subscriptions, the lawsuit is another reminder that friction-filled cancellations and deceptive enrollment practices continue to be a major enforcement priority. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What’s the difference between hard-hitting marketing and misleading pricing claims? In this episode, we unpack a recent NAD decision involving Harry’s and Gillette that explores the boundaries of comparative advertising, including when advertisers can rely on regular retail prices instead of temporary promotional discounts and how far they can go with aggressive language like “you’re getting ripped off.” The decision reinforces that comparative pricing claims must be grounded in prices consumers regularly pay, while also signaling that sharp, hyperbolic rhetoric may be permissible when it doesn’t cross the line into false or misleading advertising. For brands engaged in competitive marketing, the case offers valuable guidance on striking the right balance between persuasive messaging and legal compliance. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What are state attorneys general preparing to tackle next—and what should businesses be watching? In this episode, we recap key takeaways from the 2026 Attorneys General Alliance Annual Meeting, where state AGs, regulators, and industry leaders focused on the rapid evolution of AI, privacy, pricing, child safety, and public-private partnerships. From growing scrutiny of algorithmic and surveillance pricing to expanding expectations around AI governance, data practices, online child protection, and collaboration between government and industry, the meeting underscored that state AGs are continuing to expand their influence across emerging technologies and consumer protection. For companies, the message was clear: proactive engagement, strong compliance programs, and a clear understanding of evolving state priorities will be essential as enforcement continues to accelerate. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
What makes one state’s approach to consumer protection worth watching? In this episode, we explore key takeaways from Kelley Drye’s webinar with leaders from the Maine Attorney General’s Office, examining how the state’s unique legislative election of its attorney general, robust citizen ballot initiative process, and needs-driven enforcement strategy are shaping consumer protection priorities. From cryptocurrency kiosk regulation and privacy protections to heightened scrutiny of private equity investments in healthcare and mobile home parks, the discussion highlights how emerging risks, local policy innovation, and multistate collaboration are redefining the enforcement landscape. For businesses, Maine offers an important reminder that consumer protection trends are increasingly being driven not just by regulators, but also by voters and state legislatures.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, and Beth Bolen Chun.
What happens when an influencer campaign sparks a class action instead of driving sales? In this episode, we unpack a lawsuit against Gymshark alleging that a network of fitness influencers promoted the brand on Instagram without clearly disclosing their paid relationships, misleading consumers into believing the endorsements were authentic personal recommendations rather than sponsored content. The case highlights the growing legal risks surrounding influencer marketing and serves as a reminder that brands can face scrutiny not only for what influencers say, but also for what they fail to disclose. As class action lawyers increasingly target endorsement campaigns alongside regulators, companies should ensure influencer partnerships comply with the FTC’s endorsement guidelines and prioritize clear, conspicuous disclosures. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
Privacy Perspectives: Data Broker Laws Are Expanding. Is Your Business in Scope?Data broker laws are expanding quickly, and their reach may extend beyond companies that traditionally think of themselves as data brokers.In this episode of Privacy Perspectives, Alex Schneider, Aaron Burstein, and Céline Guillou discuss the changing state and federal regulatory landscape, including New Jersey’s newly enacted requirements, California’s Delete Act, evolving definitions of data brokers, and the growing importance of understanding specific data flows.They also examine how these laws may affect retailers, advertisers, technology providers, and other businesses that collect, enrich, license, sell, or share consumer data.Aaron J. BursteinPartnerFormer attorney in the FTC’s Division of Privacy and Identity Protectionaburstein@kelleydrye.com(202) 342-8453www.kelleydrye.com/people/aaron-j-bursteinCeline GuillouSpecial Counsel, Advertising and Privacy GroupFormer Enforcement Attorney, California Privacy Protection Agencycguillou@kelleydrye.com(213) 547-4946www.kelleydrye.com/people/celine-m-guillouAlex SchneiderSpecial Counsel, Advertising and Privacy Groupaschneider@kelleydrye.com(202) 342-8634www.kelleydrye.com/people/alexander-i-schneiderRESOURCESSubscribe to the Ad Law Access blog:www.kelleydrye.com/subscribeSubscribe to the Ad Law News newsletter:www.kelleydrye.com/subscribeVisit the Advertising and Privacy Law Resource Center:www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here:linktr.ee/KelleyDryeAdLaw
Gain’s “Clinically Proven to Help Kids Grow” claims to move forward. The court found that a jury could reasonably conclude consumers interpreted the advertising to mean the product helps typical children grow taller—even though the supporting studies involved children at risk of malnutrition and the packaging included a disclaimer. The case underscores a critical lesson for advertisers: courts evaluate the overall consumer takeaway, including images, context, and disclosures, and even technically accurate claims can create legal risk if they communicate a message the evidence doesn’t support. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
In this episode, we unpack the lawsuit against prediction market platform Polymarket, which accuses the company of orchestrating undisclosed influencer campaigns, promoting simulated betting videos that appeared to show real winnings, and using viral “clipping” tactics designed to make paid content look organic. The case serves as a timely reminder that, even as FTC enforcement priorities evolve, consumer groups and private plaintiffs are increasingly stepping in to police influencer marketing practices. For brands working with creators, the message is clear: transparent disclosures, authentic content, and compliance with endorsement rules remain essential to avoiding legal and reputational risk. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What seems like a simple request for records can quickly become a costly compliance failure. In this episode, we unpack the FTC’s settlement with Amazon over alleged violations of the Fair Credit Reporting Act’s identity theft record requirements, highlighting how routine customer service practices, identity verification protocols, and privacy concerns can conflict with the FCRA’s strict obligations. The case serves as a reminder that businesses handling consumer data must do more than adopt compliance policies—they must ensure frontline employees can execute them correctly and within the law’s precise timelines. For companies managing fraud, identity theft, or consumer records, the settlement underscores that operational details can carry significant regulatory consequences. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Donnelly L. McDowell.
What should food delivery apps tell you before you click “place order”? In this episode, we unpack a bipartisan coalition of 16 state attorneys general urging the FTC to adopt sweeping new rules governing food delivery platform fees, with a focus on drip pricing, service fees, menu markups, tipping transparency, and personalized pricing. The AGs argue that consumers deserve clearer disclosures about how fees are calculated, whether menu prices differ from in-store prices, and when personal data is being used to tailor prices or discounts. As state and federal regulators increasingly align around pricing transparency, the proposal signals that food delivery platforms—and potentially other industries using similar pricing models—should prepare for heightened scrutiny of fees, disclosures, and data-driven pricing practices.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
In this episode of our Summer Edition series, we examine several of the biggest developments shaping advertising, privacy, and consumer protection law. We discuss state attorneys general's push for greater transparency around food delivery fees and personalized pricing, a federal court's analysis of growth claims in advertising, the FTC's latest action against deceptive subscription practices, and two new lawsuits highlighting the continued legal risks surrounding influencer marketing and endorsement disclosures. We also explore lessons from the FTC's recent settlement with Amazon over its handling of identity theft records under the Fair Credit Reporting Act and highlight on-demand Kelley Drye webinars covering pricing, DOJ enforcement, and state attorney general priorities.Hosted by Simone Roach. This episode features blog posts by Paul Singer, Abigail Stempson, Beth Chun, Andrea deLorimier, Gonzalo Mon, Laura Riposo VanDruff, and Donnelly McDowell.You can find these blog posts and much more at AdLawAccess.com. For webinar recordings, upcoming events, and additional thought leadership, visit KelleyDrye.com.
series, and examine FTC enforcement against a company that claimed to use AI to listen to consumer conversations for ad targeting. We also cover New York's new synthetic performer disclosure law, NAD's inquiry into influencer disclosures, and highlight upcoming webinars on surveillance pricing and evolving DOJ corporate enforcement priorities.Hosted by Simone Roach. This episode features blog posts by John Villafranco, Paul Singer, Alysa Hutnik, and Gonzalo Mon.
How should brands disclose AI-generated people in advertising—and what happens when the rules aren’t clear? In this episode, we unpack New York’s new “synthetic performer” law, which requires advertisers to conspicuously disclose when ads feature AI-generated or algorithmically created human-like performers. We explore the many unanswered questions surrounding the law, including whether it applies to background characters, partial performers, and other common creative elements, as well as the challenges advertisers face in determining what qualifies as a sufficiently clear disclosure. As states continue to push AI transparency requirements into the advertising space, companies using AI-generated content should be paying close attention to how these new rules could reshape marketing compliance and creative strategy. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
When is a “100%” claim not as clear as it seems? In this episode, we unpack a recent NAD decision examining how consumers interpret absolute claims and why advertisers should be cautious when using “100%” messaging in marketing. The case highlights NAD’s continued focus on consumer takeaway, substantiation, and context, emphasizing that even simple, seemingly straightforward claims can convey broader messages than advertisers intend. As regulators, self-regulatory bodies, and plaintiffs increasingly scrutinize absolute and unqualified representations, the decision offers valuable guidance for companies looking to balance compelling marketing with defensible advertising claims. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What can a $35 million settlement teach companies about subscription billing, auto-renewals, and cancellation practices? In this episode, we unpack the FTC’s case against Shutterstock, which resulted in one of the agency’s largest recent settlements over alleged negative option marketing violations. The complaint alleges that Shutterstock failed to clearly disclose automatic renewals and cancellation fees, did not obtain consumers’ express informed consent for recurring charges, and made it unnecessarily difficult to cancel subscriptions. As regulators continue to focus on auto-renewal programs, recurring billing, and “click-to-cancel” principles, the case serves as a powerful reminder that businesses must ensure material terms are clear, consent is meaningful, and cancellation is as straightforward as enrollment. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What does the FDA’s latest update on cosmetics regulation mean for beauty brands, manufacturers, and marketers? In this episode, we unpack how the FDA is expanding its oversight of the cosmetics industry through implementation of the Modernization of Cosmetics Regulation Act (MoCRA), the most significant overhaul of federal cosmetics regulation in more than 80 years. From mandatory facility registration, product listing, adverse event reporting, and safety substantiation requirements to forthcoming rules on good manufacturing practices, fragrance allergens, PFAS scrutiny, and talc testing, the agency is gaining unprecedented visibility into the cosmetics marketplace. As FDA signals that compliance, transparency, and product safety will remain key priorities, companies should prepare for heightened regulatory, litigation, and reputational risks in an increasingly scrutinized industry. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Cristina Ferretti, and Katrina Hatahet.
In this episode, we unpack Washington Attorney General Nick Brown’s lawsuit against Albertsons, Safeway, and Haggen over allegedly deceptive “buy one, get one free” promotions, where the state claims the grocers quietly inflated prices before running BOGO sales and then dropped them afterward, generating nearly $20 million in alleged overcharges across more than 3 million transactions. The case highlights intensifying regulatory scrutiny around pricing transparency, discount advertising, and consumer perception at a time when rising grocery costs are already under the microscope—and serves as a warning that regulators are increasingly willing to challenge whether “free” really means free. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
Are grocery store “BOGO” deals really bargains—or just clever price manipulation? In this episode, we unpack Washington Attorney General Nick Brown’s lawsuit against Albertsons, Safeway, and Haggen over allegedly deceptive “buy one, get one free” promotions, where the state claims the grocers quietly inflated prices before running BOGO sales and then dropped them afterward, generating nearly $20 million in alleged overcharges across more than 3 million transactions. The case highlights intensifying regulatory scrutiny around pricing transparency, discount advertising, and consumer perception at a time when rising grocery costs are already under the microscope—and serves as a warning that regulators are increasingly willing to challenge whether “free” really means free. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What happens when states stop waiting for Congress and begin building their own AI rulebooks? In this episode, we unpack major AI regulatory developments emerging from Colorado, Connecticut, and California, where lawmakers and regulators are advancing dramatically different approaches to AI governance—from Colorado’s pause on enforcing its landmark AI Act while lawmakers debate a broader overhaul, to Connecticut’s sweeping omnibus bill addressing employment algorithms, companion chatbots, synthetic content labeling, and safe harbor programs, to California’s expanding focus on chatbot disclosures, child safety, and high-risk automated decision-making. As states continue racing to shape the future of AI oversight, one theme is becoming increasingly clear: companies deploying AI systems should expect growing obligations around transparency, documentation, human oversight, and consumer protections long before a unified federal framework arrives. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill.
What happens when AI marketing moves faster than the technology itself? In this episode, we unpack Apple’s proposed $250 million settlement over claims that it overstated the availability of “Apple Intelligence” features tied to the iPhone 16 launch, including ads suggesting advanced Siri capabilities were “Available Now” even though some features would not arrive until later software updates. The case—following both an NAD challenge and multiple consolidated class actions—highlights the growing legal scrutiny around AI advertising, substantiation, and product availability claims, sending a clear warning to companies eager to promote future-facing AI capabilities before they are fully market-ready. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What happens when a jury decides that “fair and skill-based” gaming claims may have been anything but? In this episode, we unpack the blockbuster $420 million false advertising verdict against mobile gaming company Papaya, where competitor Skillz convinced a New York jury that Papaya’s marketing misled users by implying they were competing against real human players of similar skill levels while allegedly relying on bots and manipulated gameplay. The case—one of the largest Lanham Act verdicts in recent memory—highlights the growing legal and reputational risks facing gaming companies that market fairness, transparency, and skill-based competition in an industry already under increasing scrutiny from regulators, competitors, and consumers alike. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
In this episode of Privacy Perspectives, Alex Schneider is joined by Laura Riposo VanDruff, Salim Rashid, and Joseph Cahill for a focused discussion on what has become one of the most active state legislative seasons for AI regulation. The group maps the landscape across five emerging categories of AI bills — companion chatbot disclosures, deepfake and watermarking requirements, frontier model transparency obligations, algorithmic discrimination rules, and AI liability frameworks — and examines what the pace of activity means for companies trying to build durable compliance programs. They also talk about Colorado’s recently passed SB 189, which is effectively a repeal and replacement of the original Colorado AI Act, what changed, what was removed, and the associated compliance planning challenges.ABOUT THE SPEAKERSAlex SchneiderSpecial Counsel, Advertising and Privacy Groupaschneider@kelleydrye.com(202) 342-8634www.kelleydrye.com/people/alexander-i-schneiderLaura Riposo VanDruffOffice Managing Partner of the firm’s Washington, D.C. office and former Chair of the firm’s Advertising and Marketing practice grouplvandruff@kelleydrye.com(202) 342-8435https://www.kelleydrye.com/people/laura-riposo-vandruffSalim RashidAssociatesrashid@kelleydrye.com(202) 342-8473https://www.kelleydrye.com/people/salim-rashidJoseph CahillAssociate(202) 945-6626https://www.kelleydrye.com/people/joseph-cahillRESOURCESSubscribe to the Ad Law Access blog:www.kelleydrye.com/subscribeSubscribe to the Ad Law News newsletter:www.kelleydrye.com/subscribeVisit the Advertising and Privacy Law Resource Center:www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here:linktr.ee/KelleyDryeAdLaw
What does the FTC’s top leadership really think about AI, surveillance pricing, and the future of privacy enforcement—and how much of that will translate into action? In this episode, we unpack key takeaways from the Senate Commerce Committee’s April 2026 oversight hearing featuring FTC Chairman Andrew Ferguson, where lawmakers pressed on rising concerns around personalized pricing, data-driven market practices, and the agency’s role in regulating emerging technologies. With Ferguson emphasizing that the FTC is a law enforcer—not a broad economic regulator—while signaling potential guidance on pricing disclosures, continued focus on children’s privacy, and possible consent decree reforms, the discussion highlights a pivotal moment for businesses navigating AI, pricing, and privacy compliance in an uncertain regulatory environment. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Joseph Cahill.
What are state attorneys general really focused on when it comes to pricing—and how far are they willing to go? In this episode, we break down key takeaways from the NAAG Annual Conference 2026, zeroing in on a standout panel exploring the rapidly evolving world of data-driven pricing—from dynamic and surge pricing to the more controversial concepts of surveillance and algorithmic pricing. As AGs grapple with whether existing consumer protection and antitrust laws can keep pace with algorithm-driven markets, the discussion highlights growing tensions around transparency, competition, and consumer perception, as well as the expanding role of state enforcement even in the absence of new legislation.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
What happens when the FTC launches a nationwide crackdown on products claiming to be “Made in the USA”? In this episode, we unpack the agency’s latest enforcement sweep targeting companies accused of making deceptive origin claims, why the FTC continues to treat unqualified “Made in USA” representations as a top consumer protection priority, and what marketers, manufacturers, and retailers need to know about the strict “all or virtually all” standard behind those claims. As regulators intensify scrutiny of domestic sourcing messages, businesses should be reassessing whether their patriotic branding can stand up to legal challenge. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
In this episode, we unpack the launch of the Institute for Responsible Influence’s new certification program, a self-regulatory initiative designed to train creators on FTC endorsement rules, advertising standards, and responsible brand partnerships while giving certified influencers a seal of approval and access to a searchable database for brands. As trust concerns continue to shadow the fast-growing creator economy, the program raises timely questions about whether industry-led certification and ongoing oversight can help close the gap between marketing reach and consumer confidence. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What if the price you see online isn’t just based on supply and demand—but on what an algorithm thinks you are willing to pay? In this episode, we unpack the fast-rising controversy over “surveillance pricing,” the practice of using consumer data, algorithms, and AI to tailor prices to individual shoppers based on factors like browsing history, location, or inferred willingness to pay. We explore how this differs from ordinary dynamic pricing, why lawmakers and regulators are raising concerns about transparency, fairness, and discrimination, and how states like New York and California are leading a growing wave of disclosure laws, proposed bans, and investigations. For businesses relying on data-driven pricing tools, the message is clear: pricing strategies are quickly becoming a major privacy, consumer protection, and antitrust risk area. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Alexander I. Schneider, and Joseph Cahill.
In this episode, we unpack the FDA’s latest enforcement wave targeting GLP-1 “dupes,” where companies have been marketing unapproved injectable products as “research use only” or “not for human consumption,” while simultaneously providing dosing instructions, testimonials, and other signals of intended human use. The FDA’s message is increasingly clear: it will look beyond disclaimers and focus on how products are actually marketed and used, treating misleading labeling as a potential violation of drug laws and a serious public health risk as scrutiny of compounded and unapproved GLP-1 products continues to intensify. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell and Cristina Ferretti.
What if canceling a subscription had to be just as easy as signing up for one? In this episode, we break down New York City’s proposed “click-to-cancel” rule, a sweeping effort by the Department of Consumer and Worker Protection to crack down on subscription “tricks and traps” by requiring clear disclosures, simple and symmetrical cancellation mechanisms, and the ability to cancel through the same channels used to enroll—all while banning obstacles that delay or frustrate consumers. With potential fines starting at $525 per violation and restitution tied to failed cancellation attempts, the proposal signals a more aggressive, city-level push to regulate negative option marketing in the absence of a finalized federal rule. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Beth Bolen Chun.
What happens when a spike in gas prices crosses the legal line from market fluctuation to potential price gouging? In this episode, we unpack Connecticut Attorney General William Tong’s declaration of an “abnormal market disruption,” a move that triggers the state’s price gouging protections and makes it unlawful for anyone in the fuel supply chain to charge “unconscionably excessive” prices during the disruption period. With the announcement tied to rapidly rising wholesale gas prices amid an international crisis—and backed by coordinated monitoring and enforcement from multiple state agencies—the episode explores how these laws work in practice, why businesses across the distribution chain should take notice, and how state AGs may take an increasingly expansive view of pricing enforcement in volatile markets. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
In this episode, we unpack how the MAHA movement is accelerating change across the food industry, from FDA’s new enforcement stance on “no artificial colors” claims and its push toward natural color additives, to retailer action like Target’s decision to stop selling cereals containing synthetic dyes—putting fresh pressure on manufacturers to rethink formulation, labeling, and marketing strategies before regulatory shifts, private litigation, and shelf-space demands collide. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Katie Rogers, and Cristina Ferretti.
What does the privacy industry’s biggest conference reveal about where compliance is headed next? In this episode, we break down key takeaways from the IAPP Global Privacy Summit 2026, from the FTC’s signals that remedies will be judged by whether they actually solve the harm at issue, to the rapid shift in state AI legislation toward narrower, risk-based rules focused on transparency, accountability, youth harms, and high-risk use cases. We also examine California’s expanding DELETE Request and Opt-out Platform (DROP), which has already processed more than 262,000 deletion requests, and why the summit made one thing clear: in 2026, regulators increasingly expect privacy and AI compliance programs to work in practice—not just on paper. Hosted by Simone Roach. Based on a blog post by Joseph Cahill and Laura Riposo VanDruff.
In this episode, we unpack a recent NAD decision involving Dorel Juvenile Group’s AI-powered CryAssist technology and the growing scrutiny around how companies market AI-enabled features, highlighting NAD’s practical framework for substantiating AI claims—from training data and model validation to proving the technology performs as advertised in the actual product sold. With CARU also weighing in on notice, consent, and children’s privacy considerations, the case offers a timely roadmap for advertisers navigating the legal, compliance, and reputational risks of promoting AI-driven products. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
In this episode, we unpack the Trump Administration’s March 13 executive order directing the FTC to prioritize Made in USA enforcement, why that matters even after a relatively quiet year for major FTC actions, and what it signals for advertisers, manufacturers, online marketplaces, and government contractors facing renewed scrutiny over origin claims, substantiation, and potential penalties. With the administration also urging broader agency action on country-of-origin labeling and marketplace verification, companies should be reassessing whether their “Made in USA” messaging can stand up to a tougher enforcement environment. Hosted by Simone Roach. Based on a blog post by Alexander I. Schneider and Christie Grymes Thompson.
What do 100-plus lawsuits and a last-minute legislative fix say about the future of email marketing in Washington? In this episode, we break down Washington’s amendment to its Commercial Electronic Mail Act, a fast-moving response to a surge of litigation after the state supreme court’s Old Navy decision, and explore how the new law lowers statutory damages from $500 to $100 per message while adding a knowledge standard that requires plaintiffs to show senders knew—or reasonably should have known—that subject lines were false or misleading. With the changes taking effect June 11, 2026, the update offers important relief for marketers while leaving plenty of compliance risk still on the table. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What happens when state attorneys general decide the DOJ’s antitrust fix doesn’t go far enough? In this episode, we break down the growing split in the Live Nation-Ticketmaster litigation as more than two dozen bipartisan state co-plaintiffs reject the Justice Department’s tentative settlement—arguing that measures like divesting booking agreements, opening up ticketing access, and capping certain fees still fall short of addressing Live Nation’s market power—and continue pressing for broader structural relief, including a potential Ticketmaster divestiture. The dispute offers a vivid example of how state AGs are increasingly willing to chart their own course when they believe federal regulators are settling for less than full accountability. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
What do California’s latest privacy settlements tell us about where enforcement is headed next? In this episode, we unpack the California Privacy Protection Agency’s newest CCPA actions against PlayOn Sports and Ford, which reinforce a clear message: opt-out rights must be easy to exercise, free of unnecessary friction, and fully effective in practice—from rejecting cookie banners with an “accept all” option but no equally simple “decline all” choice to prohibiting identity verification steps that can delay or derail opt-out requests. As the CPPA continues to zero in on dark patterns, opt-out preference signals, and real-world functionality, companies should be paying close attention to how their privacy choices are designed, disclosed, and implemented. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein, Alysa Z. Hutnik, and Meaghan M. Donahue.
What does Vanguard’s $29.5 million settlement tell us about the growing legal and political fight over ESG investing? In this episode, we break down a first-of-its-kind agreement between Vanguard and 13 Republican state attorneys general that partially resolves a multistate antitrust lawsuit alleging major asset managers used their holdings in coal companies to influence output and strategy under the banner of ESG—while also examining the broader implications for asset managers, proxy voting, and the increasingly aggressive state-level scrutiny of ESG-related investment activity as claims against BlackRock and State Street move forward. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
What happens when state AGs decide that predictive markets, casino apps, and loot boxes look a lot more like gambling than gaming? In this episode, we unpack a fast-moving wave of state enforcement as attorneys general scrutinize Kalshi’s predictive markets, Washington’s lawsuit against casino app operators Playtika and Aristocrat, and New York’s suit against Valve over loot boxes—signaling that companies offering chance-based online games, especially those involving virtual currency, item value, or youth audiences, may face growing legal risk under state gambling and consumer protection laws. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
Connecticut’s latest privacy enforcement report offers a clear warning: regulators expect privacy compliance programs to be operational, not just on paper. In this episode, we unpack what the state’s 2025 CTDPA Enforcement Report reveals about rising scrutiny around consumer rights requests, privacy notices, cookie banners, opt-out preference signals, children’s data, and health and genetic data — along with legislative recommendations that could further tighten the rules. For legal, compliance, and marketing teams, the report is a practical roadmap for where privacy enforcement is headed and what businesses should be reviewing now to reduce risk. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Alysa Z. Hutnik, Andrea deLorimier.
A growing wave of class actions under Washington’s Commercial Electronic Mail Act is putting marketers on notice. In this episode, we break down the surge of more than 60 lawsuits challenging allegedly misleading email subject lines, the recent court rulings rejecting CAN-SPAM preemption and dormant commerce clause defenses, and the proposed Washington legislation that could narrow liability and limit remedies — even retroactively. For legal, compliance, and marketing teams, it’s a timely reminder that promotional email copy can create significant litigation risk and that now is the time to revisit subject-line review practices. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
The FTC may be signaling a more data-driven approach to privacy and data security enforcement. In this episode, we break down key takeaways from the Commission’s recent workshop on how it evaluates consumer harms and benefits — including what Chairman Ferguson’s remarks may mean for future enforcement and how the agency appears to be weighing privacy risks against the economic benefits of data-driven advertising and innovation. For legal, compliance, and marketing teams, the discussion is a useful reminder that privacy and adtech scrutiny may increasingly turn on whether companies can substantiate both consumer harms and consumer benefits with real evidence. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Joseph Cahill.
A golf industry rivalry has teed off in court. TaylorMade has sued competitor Callaway, alleging that sales representatives, ambassadors, and influencers conducted UV-light demonstrations suggesting TaylorMade golf balls had paint imperfections that could cause poor performance — even calling them “mud balls.” TaylorMade argues the demonstrations are misleading and unrelated to real-world performance, claiming the visual differences simply reflect cosmetic additives like UV brighteners rather than quality or flight characteristics.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
Opt-Out Platform (DROP) is about to go live — and businesses that act as data brokers will need to be ready. DROP will serve as a one-stop mechanism for consumers to submit deletion requests under the California Data Broker Registry law, and brokers will be required to register with the platform, access it regularly, and delete personal information that matches consumer requests. In this episode, we break down what DROP is, key operational and timing considerations, and best practices to help ensure compliance once the system becomes available.Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Céline Guillou
The National Advertising Division has weighed in on how advertisers can and cannot make “1+” claims — statements that imply consumers will get at least a certain quantity (e.g., “1+ hours of battery life”) — holding that such claims must be accurately supported and not deceptive when the “+” is not meaningfully substantiated.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon
States are increasingly regulating ultra-processed foods (UPFs) — and West Virginia’s new law banning additives in school foods (with broader statewide application coming soon) offers a window into how consumer protection intersects with public health. In this episode, we go over key takeaways from our recent webinar, exploring the debate over UPFs, what makes a product “ultra-processed,” the constitutional and evidentiary challenges facing such laws, and why regulators and advocates are pushing this agenda.
A bipartisan coalition of 40 state attorneys general has sent a letter urging Congress to pass the Senate’s Keeping Online Safe Act (KOSA), highlighting concerns about harmful online content, algorithmic amplification, and gaps in current federal law that they say leave consumers — especially children — vulnerable. In this episode, we unpack why AGs are aligning behind KOSA, what provisions they support (such as transparency requirements, safety standards, and age-appropriate protections), and how this push reflects broader state and federal interest in regulating online platforms.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier
South Carolina is on the verge of becoming the latest state to adopt an Age-Appropriate Design Code modeled on the U.K.’s landmark child-safety framework. In this episode, we break down the Code’s key components — including prescriptive design, data minimization, privacy protections, and risk assessments for services used by children — and how it fits within the national trend of expanding protections beyond COPPA.Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill
App store age assurance laws are rapidly evolving, and they’re not disappearing any time soon. In this episode, we unpack why states like Utah, Texas, and now California are pushing forward with age assurance frameworks that require operating systems and developers to collect and act on age information — and why these laws continue gaining traction despite legal challenges.Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Paul L. Singer, and Alexander I. Schneider
In this episode of Privacy Perspectives, Alex Schneider is joined by Whitney Smith, a partner in Kelley Drye's Litigation practice group. Together, they discuss a wave of new privacy litigation related to wiretapping claims under the California Invasion of Privacy Act, or CIPA. The speakers cover key takeaways from the cases that have been brought under CIPA, trends in the health privacy litigation space, and the potential effects of pending legislation.
A coalition of 35 state attorneys general sent a letter to leading generative AI developers expressing concern that companies are not sufficiently addressing explainable AI (xAI) and transparency in AI systems, particularly in how consumers understand automated decision-making and the extent to which models can be interrogated or explained. The states urge developers to improve model explainability, disclose how decisions are made, and enhance documentation around training data, safety guardrails, and risk mitigation, signaling that black-box AI won’t satisfy emerging expectations.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier
A messy battle in the self-cleaning litter box market has spilled into federal court. Meowant alleges that rival PetPivot enlisted TikTok influencers to post fake or misleading reviews claiming Meowant’s products malfunction — while directing viewers to PetPivot’s TikTok Shop. The complaint asserts unfair competition, false advertising, defamation, trademark dilution, and tortious interference, and seeks injunctive relief and damages.In this episode, we unpack what the case signals for brands working with influencers. Even if a company doesn’t script or directly control influencer content, regulators like the FTC and NAD have made clear that brands can still be held responsible. The dispute serves as a reminder that influencer oversight, clear guidance, and monitoring aren’t just best practices — they may be critical to staying out of court.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
Regulators are stepping up scrutiny of AI chatbots and companion AI technologies, with state attorneys general pushing companies to strengthen safety measures for kids and California advancing the Leading Ethical AI Development (LEAD) for Kids Act, which would restrict how companion chatbots interact with minors. At the same time, AGs urged OpenAI to “amplify safety” in response to concerns about inappropriate content and risks to youth, highlighting how AI oversight is moving beyond traditional privacy and consumer protection frameworks.Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill.
A growing wave of class actions under Washington’s Commercial Electronic Mail Act (CEMA) is putting email marketing practices under scrutiny — with plaintiffs alleging that misleading subject lines, like false urgency around sales end dates, violate state law and can trigger statutory damages per email sent. In this episode, we break down recent filings, the legal theory behind CEMA claims, and why marketers and compliance teams should rethink how they communicate promotions to Washington consumers to avoid costly exposure.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon
The Center for Industry Self-Regulation (CISR) has launched the Institute for Responsible Influence, a new initiative aimed at promoting ethical, transparent, and accountable practices in influencer marketing and brand-partner relationships. The Institute will develop best-practice frameworks, provide training and resources, and encourage collaboration among industry stakeholders to elevate standards for disclosure, authenticity, and consumer trust in influencer-driven campaigns.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
State attorneys general capped 2025 with a $4.25 million multistate settlement with Menards over deceptive “11% rebate” marketing that allegedly misled consumers into thinking they were getting point-of-sale discounts when the benefit was actually deferred merchandise credit — and set the stage for evolving pricing scrutiny in 2026. Alongside the settlement, the Colorado AG signaled enforcement priorities under the state’s new deceptive pricing law, including clear total price disclosures and fair allocation methods in contexts like tenant utility billing.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Joseph Cahill.
As AI features proliferate in consumer products, the National Advertising Division is sharpening its focus on how those features are marketed. In a recent NAD decision involving Horizon Brands’ Tiny Traveler AI Classic Baby Monitor, the NAD reviewed “AI-powered” claims and found that advertisers must have a real basis for AI assertions and clearly disclose technological limitations on emotion and motion detection to avoid misleading consumers. This episode highlights why substantiating AI-related claims matters now more than ever for legal, compliance, and marketing teams navigating AI marketing claims.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
In this episode of Privacy Perspectives, Alex Schneider is joined by Laura VanDruff and Paul Singer to discuss the fast evolving landscape of App Store age assurance laws and their implications for companies across the digital ecosystem.The conversation focuses on the Texas App Store Accountability Act, which was recently blocked from taking effect on First Amendment grounds, and what that decision means for similar laws in other states, including Utah, Louisiana, and California. Alex, Laura, and Paul examine why App Store based age assurance remains a live issue despite the injunction, particularly given the political pressure to address children’s access to online content and the operational challenges of site by site age verification.The speakers explore how App Store age signals could expand compliance obligations under COPPA and state privacy laws, including for companies that do not direct their services to children or teens. They also discuss the tension between child safety objectives and privacy interests, the role App Stores may play as access gatekeepers, and the uncertainty companies face as technical standards, APIs, and enforcement expectations continue to evolve.The episode concludes with a forward looking discussion of regulatory trend lines, likely next steps at the state and federal levels, and why companies should focus on good faith efforts, privacy by design, and preparation rather than assuming injunctions signal the end of scrutiny.
The FCC has extended its waiver of the TCPA’s “Revoke All” consent-revocation mechanism and adopted key reforms to the Robocall Mitigation Database rules, including updated requirements for voice service providers and new deadlines for filing attestations and supporting documentation. These changes reflect the FCC’s ongoing effort to balance consumer protection from illegal robocalls with practical compliance timelines for providers navigating authentication, mitigation, and traceback obligations.Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.
A recent National Advertising Division (NAD) decision sends a clear signal on how competitors should and shouldn’t use price comparisons in advertising. In the challenge between Etekcity and Renpho over “list” and “strikethrough” pricing on smart scales, NAD held that list prices must reflect bona fide, appreciable prices actually offered in the recent course of business and warned that “limited time deals” must truly be limited in time.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
A coalition of 22 Democratic state attorneys general filed a lawsuit in federal court against CFPB Acting Director Russell Vought and the Federal Reserve Board, alleging that the refusal to request statutorily required funding and to maintain key consumer complaint and mortgage data systems unlawfully interrupts state access to critical tools used in investigations and enforcement. The complaint asserts multiple violations of the Administrative Procedure Act and separation-of-powers principles, and highlights how states rely on CFPB resources like the Consumer Response System and Home Mortgage Disclosure Act data to pursue discrimination and consumer protection cases.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier.
From viral social-media-driven theft spikes to long-running emissions deception allegations, state attorneys general capped 2025 with two high-profile multistate settlements against major car manufacturers, resulting in millions of dollars in consumer relief and compliance commitments. A 35-state coalition secured a $9 million deal with Hyundai and Kia over allegedly inadequate anti-theft technology and related disclosures, and a broad coalition of 50 states resolved claims with Mercedes-Benz over hidden emissions defeat devices — illustrating that AG offices remain aggressive in protecting consumers from safety risks and deceptive practices across the automotive sector.For legal, compliance, and marketing teams, these settlements signal that multistate enforcement isn’t limited to traditional product defects but extends to safety-critical and environmental representations, and that companies should be prepared to address social media effects on product misuse, transparent disclosures, and evolving AG expectations.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Brianna Robinson.
The FTC has begun issuing warning letters to companies that may be violating the new Consumer Review Rule, signaling the agency’s intent to enforce the sweeping prohibition on practices that mislead consumers about the ability to leave honest reviews (such as gag clauses, pay-for-delete offers, and review manipulation). These warnings underscore that enforcement is not hypothetical — companies should be actively auditing review, testimonial, and ratings practices across all platforms to ensure compliance before formal actions begin.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
A federal court has temporarily blocked enforcement of West Virginia’s law banning certain food dyes—a key provision of the state’s ultra-processed foods legislation—after the International Association of Color Manufacturers challenged the statute as arbitrary and lacking scientific support. The ruling highlights the constitutional and evidentiary hurdles states may face when regulating additives in food.Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Paul L. Singer, and Andrea deLorimier
State attorneys general set the tone for 2026 at the final December NAAG Capital Forum in Washington D.C., highlighting how AG enforcement and policy priorities will evolve — from tech and youth safety to antitrust, preemption issues, and rising consumer costs. Panels emphasized bipartisan collaboration, creative uses of state authority, and proactive engagement with businesses, while previewing Connecticut AG William Tong’s 2026 initiative focused on Driving Down Costs for American Families and spotlighting actions on pricing, healthcare consolidation, junk fees, and more.For legal, compliance, and marketing teams, this episode offers a strategic snapshot of where multistate enforcement and regulatory focus are headed — signaling the issues most likely to shape investigations, litigation, and enforcement in the year ahead.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier
A bipartisan coalition of state attorneys general recently secured a $7 million multistate settlement with Greystar — the nation’s largest landlord — in ongoing antitrust actions tied to the use of RealPage’s algorithmic pricing software, requiring Greystar to curb use of tools that leverage nonpublic data to recommend rents and cooperate with continued litigation against other landlords while the states press forward in parallel actions. For legal, compliance, and marketing teams, this highlights heightened state antitrust scrutiny of algorithmic pricing and data-driven competitive practices across industries, reinforcing that enforcement can continue even after related federal or class action resolutions. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
The latest episode explores how a bipartisan coalition of 36 state attorneys general is again pushing back against proposed federal efforts to ban state-level AI laws, sending a policy letter through the National Association of Attorneys General to oppose language in the National Defense Authorization Act that would undercut states’ ability to regulate artificial intelligence in areas like consumer protection and child safety. This standoff highlights persistent federal-state tension over AI governance and why legal, compliance, and marketing teams should track both state and federal developments — especially as states seek to act quickly to fill gaps left by slower national regulation.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
The Biden Administration’s latest Executive Order on AI aims to curb a growing patchwork of state-level artificial intelligence laws by directing a DOJ “AI Litigation Task Force” to challenge conflicting state rules, prompting states to signal they’re prepared to fight back and underscoring that federal-state AI regulatory tensions are far from settled. For legal, compliance, and marketing teams, this development highlights the importance of monitoring evolving AI obligations at both the state and federal level — even as the Order itself doesn’t immediately change compliance requirements — because how it’s implemented (and potentially litigated) could significantly affect where and how businesses must comply with AI-related regulation. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Ioana Gorecki.
Gamble challenged Blueland’s influencer promotions for allegedly failing to make paid relationships clear; some influencers buried #BlueLandPartner tags in captions or omitted disclosures in video content, prompting Blueland to agree to clearer, more prominent disclosures, while NAD also found that TikTok’s “creator earns commission” tag can suffice for affiliate posts. For legal, compliance, and marketing teams, this underscores the importance of tailoring disclosure instructions to influencer relationships and platform formats to meet FTC and NAD expectations for transparency. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
The FTC may be quietly reviving its controversial Click-to-Cancel rule — and companies with subscription or auto-renewal programs should take notice. After the Eighth Circuit vacated the original rule on procedural grounds, consumer groups petitioned the FTC to reopen the rulemaking, and the Commission has now invited public comment, signaling that federal scrutiny of cancellation practices is far from over. For legal, compliance, and marketing teams, this development underscores the ongoing risk around negative-option offers and the need to evaluate enrollment disclosures and cancellation flows now, not later. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Donnelly L. McDowell, and Aaron J. Burstein.
In a landmark settlement announced this week, Tyson Foods agreed to stop marketing its beef products as “climate-smart” or promising “net-zero by 2050” unless those claims are first verified by an independent expert. The agreement — resolving a consumer-protection lawsuit brought by Environmental Working Group (EWG) — prohibits Tyson from making or repeating such environmental claims for the next five years unless they rest on substantiated science. For companies, the takeaway is clear: sustainability and climate-related marketing must now meet a high bar. Legal, compliance, and marketing teams should scrutinize such claims for evidentiary support and be ready for third-party verification — even in the absence of regulator-driven enforcement.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Katie Rogers.
Texas has clarified that, under the state’s amended “mini-TCPA,” businesses that send marketing texts with prior consumer consent will generally not be required to register as telephone solicitors or post a bond — a potentially major relief for marketers using SMS campaigns. The episode breaks down how S.B. 140 expanded Texas’s telemarketing law to cover texts and what the recent court settlement means for consent-based SMS marketing, while highlighting the compliance steps still needed for issues like quiet hours, no-call lists, and recordkeeping.Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.
New York’s new algorithmic pricing law is now in effect, requiring businesses that use consumer data and algorithms to set individualized prices to clearly disclose: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” In this episode, we unpack what triggered the law, how far its reach extends, and what it means for companies using dynamic pricing, personalization, or AI-driven optimization tools — including new compliance obligations and enforcement risk for legal, marketing, and compliance teams. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Salim Rashid.
In this episode, we walk through how South Carolina Attorney General’s Office — led by Alan Wilson — frames its consumer-protection approach as a “referee on a football field,” focusing on neutrality, predictability, and transparency rather than punitive ends. We explain how the office evaluates cases under a “Meritorious and Compelling State Interest Test,” gives respondents a full opportunity to be heard, and emphasizes good-faith engagement over aggressive enforcement.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier, Benjamin Lieman.
A coalition of state attorneys general has launched a dedicated AI Task Force aimed at coordinating investigations, enforcement, and regulatory strategy across jurisdictions in an era of rapidly evolving generative AI risks. For legal, compliance, and product teams, this development underscores the urgent need to prepare for multi-state scrutiny of AI use in marketing, privacy, and consumer protection—especially as AGs work together and adopt shared frameworks.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
The FCC is proposing major overhauls to TCPA rules under its “call branding” initiative—including eliminating its long-standing call abandonment rule, loosening prerecorded caller ID disclosures, and reevaluating consumer consent revocation mechanisms. At the same time, the Commission is pushing new caller ID authentication obligations to increase trust in who is calling. These changes could dramatically reshape compliance for businesses running outbound call and text campaigns.Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.
State attorneys general from Florida, Texas, Iowa, Nebraska, and Montana are investigating recycling groups like the U.S. Plastics Pact and GreenBlue Institute, alleging their sustainability goals may amount to antitrust and consumer protection violations. The AGs warn that these environmental organizations could be coordinating to restrict plastic output and mislead consumers on recyclability, potentially functioning as a “group boycott” in violation of state and federal law.This matters for ESG teams, trade associations, and legal/compliance groups: sustainability collaborations can trigger antitrust scrutiny—even among nonprofits—and joint environmental goals may need to be evaluated for competitive risk.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
States are rapidly expanding kids’ privacy and safety rules beyond COPPA, introducing age-appropriate design codes, new social media requirements, and California’s groundbreaking Digital Age Assurance Act. With regulators, AGs, and global authorities increasing scrutiny, companies now face a fast-evolving patchwork that affects data practices, product design, and risk management.Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Alysa Z. Hutnik.
JBS USA will pay $1.1 million to settle allegations from New York AG Letitia James that its “Net Zero by 2040” claim misled consumers. The case underscores the growing scrutiny of environmental marketing and the need for companies to substantiate sustainability goals with real data and clear language.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Paul L. Singer, Beth Bolen Chun, and Katie Rogers.
Pennsylvania Attorney General Dave Sunday announced a $750,000 settlement with American Mint LLC over its negative option subscription practices — marking the company’s second major enforcement action following a 2005 Assurance of Voluntary Compliance. The case underscores how state AGs continue to use UDAP authority to address deceptive subscription practices, even without specific auto-renewal laws on the books.For legal, compliance, and marketing teams, this settlement highlights the importance of clear, conspicuous disclosures, express consent, and accessible cancellation methods — and serves as a reminder that legacy agreements and practices remain enforceable decades later.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
In Part One of our two-part series on the NAAG Fall Consumer Protection Conference, we cover key takeaways from the Attorneys General panel and a discussion on price transparency featuring Kelley Drye’s Beth Chun. Hear insights from state AGs on enforcement priorities, compliance expectations, and the growing focus on transparent pricing laws nationwide.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
In the second part of our coverage of the NAAG Fall Consumer Protection Conference, we recap discussions on deceptive practices—from privacy and ultra-processed foods to e-cigarettes—as well as federal student loans and debt collection trends. Panelists shared state enforcement updates, litigation developments, and practical insights for businesses and policymakers navigating these evolving areas.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, andAndrea deLorimier.
Massachusetts’ new junk fee and auto-renewal regulations are now in effect, reshaping how businesses disclose pricing and subscription terms. In this episode, we recap insights from Yael Shavit, Chief of the Consumer Protection Division at the Massachusetts AG’s Office, who joined Kelley Drye to discuss key compliance takeaways, enforcement priorities, and what businesses should know about these first-of-their-kind rules.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Salim Rashid.
As brands explore AI-driven marketing, the Children’s Advertising Review Unit (CARU) has released a new framework outlining the key risks companies face when using AI to engage children—from misleading content and data privacy to mental health and transparency concerns. In this episode, we cover CARU’s eight risk categories and practical steps companies can take to align with responsible advertising standards and reduce enforcement exposure.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
Charitable organizations continue to face growing oversight and evolving legal risks. At this year’s NAAG NASCO Charities Conference, regulators and nonprofit leaders discussed how funding shifts, political pressures, and new enforcement priorities are reshaping the sector. In this episode, we break down key takeaways—including compliance strategies and recent developments affecting nonprofits nationwide.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
Maryland’s Online Data Privacy Act is officially in effect, but businesses still have time to prepare before enforcement begins in 2026. The law introduces some of the toughest rules yet on sensitive data, minors’ privacy, and algorithmic assessments—creating new compliance challenges even for companies already following other state laws. This episode breaks down the key takeaways and practical steps businesses can take to stay ahead.Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Austin J. Del Priore.
California has taken a new approach to protecting minors online. Governor Gavin Newsom just signed the Digital Age Assurance Act, shifting responsibility for age assurance to app developers while leaving verification to self-reported age data at the operating system level. The law—backed by Big Tech and set to take effect in 2027—moves away from the stricter parental consent models in Utah and Texas and creates a new compliance landscape for developers under CCPA and COPPA.Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik, Laura Riposo VanDruff, Alexander I. Schneider, and Salim Rashid.
California is once again leading the nation on privacy. Governor Gavin Newsom just signed three new laws that will reshape how businesses manage user data, account deletion, and browser-based opt-outs. Together, these laws—the Opt Me Out Act, expanded data broker disclosure requirements, and new social media deletion rules—signal where CCPA enforcement is headed next. Companies should start preparing now, as compliance deadlines are just around the corner.Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Meaghan M. Donahue.
A recent NAD decision is bringing renewed attention to the FTC’s shelved concept of “review hijacking” — using reviews from one product to promote another. NAD found that a supplement brand improperly combined reviews for two “substantially different” products, echoing the FTC’s earlier language and signaling that review accuracy remains a live issue under existing advertising standards. The takeaway for advertisers: make sure product reviews truly match the item being sold.Hosted by Simone Roach. Based on a blog post by Ioana Gorecki and John E. Villafranco
Class action suits over inflated “list” and “strikethrough” prices are on the rise—but now competitors are getting involved too. In a recent NAD case, Etekcity challenged Renpho’s use of inflated “list” prices on Amazon, arguing that they misled consumers about discounts. NAD agreed, reinforcing that list prices must reflect real, sustained sales—not outliers. The case highlights the compliance risks around pricing claims and shows how NAD can serve as a forum for competitive challenges.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
Two state attorneys general are taking major steps to tighten online age verification and protect minors. Florida’s AG filed lawsuits against adult content sites under the state’s new Age Verification Law, while New York’s AG proposed detailed rules to implement the SAFE for Kids Act—setting out standards for parental consent, age assurance, and privacy protections. Together, these actions show how states are pushing beyond federal requirements, signaling that companies must prepare for evolving and highly technical compliance expectations.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
With the U.S. Mint no longer producing pennies and supplies running out nationwide, retailers and restaurants are pushing Congress to approve the Common Cents Act—a bill that would round cash transactions to the nearest nickel. The proposal aims to keep commerce running smoothly as businesses struggle to make change, while raising key questions about fairness under programs like SNAP and state sales tax laws.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
A California federal court has approved a $1.5 million settlement resolving claims that Rust-Oleum misled consumers with “non-toxic” and “Earth Friendly” labels on its Krud Kutter products. The case highlights the legal risk of broad environmental marketing claims—especially when qualifiers are buried in fine print. The court found that whether such claims mislead a reasonable consumer is a question for the jury, underscoring the importance of clear and well-supported environmental representations.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon and Katie Rogers
Son and Bimbo Bakeries, alleging they misled consumers about the recyclability of plastic bags by using symbols like “chasing arrows” and How2Recycle labels. The City argues that these claims ignore the economic and technical realities of plastic film recycling—most of which can’t be processed through curbside programs. The lawsuit highlights a growing enforcement trend against environmental marketing claims that rely on technical recyclability rather than practical, market-scale recycling.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon
Nineteen Democratic attorneys general, led by California AG Rob Bonta, are urging the CFPB not to reduce its supervision of key consumer finance sectors, including auto lending, debt collection, and money transfers. The AGs warn that raising the thresholds for “larger participant” oversight would leave millions of consumers unprotected and weaken the CFPB’s enforcement reach. The letter signals states’ continued commitment to fill potential gaps in federal oversight through coordinated enforcement.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Darby B. Hobbs
The California Privacy Protection Agency fined Tractor Supply $1.35 million for alleged violations of the CCPA, citing inadequate privacy notices, employee disclosures, opt-out mechanisms, and partner contracts. The settlement underscores California’s growing enforcement focus on opt-out preference signals, contract compliance, and employee data rights. It also highlights how even consumer complaints can trigger wide-ranging investigations.Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Meaghan M. Donahue
What happens when a celebrity sports drink rivalry spills from the gym to the courtroom? Prime Hydration, co-founded by Logan Paul and KSI, has sued soccer legend Lionel Messi’s Más+ brand, alleging false advertising about Messi’s role in founding and developing the drink. The case raises fresh questions about how much celebrity involvement actually matters to consumers.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
Sixteen Republican state attorneys general, led by Montana AG Austin Knudsen, have launched an investigation into four major tech companies over allegedly deceptive renewable energy claims. The AGs argue that using unbundled renewable energy certificates (RECs) to claim 100% renewable power may mislead consumers and distort the energy market.This episode breaks down how the probe reflects ongoing scrutiny of Big Tech, state-level divergence from the FTC’s Green Guides, and broader political debates around fossil fuels, emissions, and the electric grid.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier
After the Washington Supreme Court ruled that misleading subject lines can violate the state’s Commercial Electronic Mail Act (CEMA), Skechers now faces a similar class action. The lawsuit claims the company created a false sense of urgency by announcing that sales would end — only to later extend them.This episode explores how the case underscores growing risks around email marketing and why brands should review subject line practices to avoid costly CEMA violations.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
The FTC and seven state attorneys general have sued Ticketmaster and Live Nation, alleging deceptive practices and violations of the BOTS Act. The complaint claims the companies secretly worked with ticket brokers, let them bypass security limits, and used “bait-and-switch” pricing tactics that misled consumers.This episode unpacks the case, what it says about the government’s focus on junk fees and platform accountability, and the key lessons for businesses conducting pricing tests or managing third-party relationships.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, and Abigail Stempson
Even without new comprehensive privacy laws passed in 2025, regulators have kept busy. California finalized major CCPA updates—introducing risk assessments, cybersecurity audits, and automated decision-making rules—while amendments and new state laws in Maryland, Indiana, Kentucky, and Rhode Island take effect soon. Colorado also extended the deadline for its AI Act.This episode breaks down what’s changing, when key obligations begin, and why businesses need to start mapping their compliance timelines now.Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein, Alexander I. Schneider, and Meaghan M. Donahue
Greenwashing claims aren’t just coming from consumers. Moldex-Metric has sued competitor Protective Industrial Products, alleging false environmental claims about its “bio-based” earplugs in violation of the Lanham Act and California UDAP laws. The case highlights how competitors can leverage the FTC’s Green Guides and independent testing to challenge sustainability claims—and why brands must ensure all “eco-friendly” statements are verifiable.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Katie Rogers
At the 2025 NAAG Eastern Region Meeting in Asbury Park, Attorneys General, legal experts, and policymakers gathered to reimagine public safety. From violence prevention and firearm safety to AI enforcement and environmental protection, the discussions reflected how AG offices are adapting to evolving legal and technological challenges.For companies and compliance teams, the meeting underscored key themes shaping enforcement priorities nationwide—especially around transparency, consumer protection, and responsible AI use.Hosted by Simone Roach. Based on a blog post by Paul Singer, Abigail Stempson,Beth Bolen Chun, and Andrea deLorimier
Just before leaving office, former Missouri AG Andrew Bailey withdrew a proposed rule that would have barred social media companies from requiring users to rely solely on in-house content moderation. The rule drew strong opposition from industry and policy groups who warned of data security risks, First Amendment violations, and technical impracticalities.While the withdrawal pauses the effort for now, it leaves open the possibility that future AGs—or other states—could revisit similar proposals.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Zach Cihlar
California and Delaware AGs are pressing OpenAI on child safety, warning that its recapitalization plan is subject to review and urging stronger safeguards. At the same time, AG Bonta backed California’s LEAD for Kids Act, which would restrict companion chatbots for minors unless strict protections are in place.For legal, compliance, and product teams, these actions signal rising state-level scrutiny of AI and potential penalties for companies that design chatbots without adequate safeguards.Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier
What happens when one of the world’s biggest YouTubers markets directly to kids? Last week, the Children’s Advertising Review Unit (CARU) announced a decision involving MrBeast and his brand Feastables, raising concerns about ad labeling, misleading claims, sweepstakes practices, and children’s privacy protections.The case underscores the heightened scrutiny companies face when advertising to children. From clear disclosures to COPPA compliance, brands need to recognize that kids interpret ads differently—and regulators expect advertisers to take extra care. For legal, compliance, and marketing teams, this is a reminder that children’s advertising brings unique risks and responsibilities.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
What starts with an anonymous consumer complaint can quickly escalate into a full-scale investigation. In Business Doe, LLC v. State of Alaska, the Alaska Supreme Court confirmed the Attorney General’s authority to issue subpoenas in consumer protection cases—even when triggered by a single anonymous letter.This ruling underscores just how broad state AG investigative powers can be, and highlights the risks for businesses that underestimate consumer complaints or the reach of AG enforcement. Legal, compliance, and risk teams should pay close attention to how courts are interpreting AG authority, as similar challenges are likely to emerge across other states.Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier
The FTC just announced a $7.5 million settlement with Chegg, alleging the company violated ROSCA by making it unnecessarily difficult for subscribers—mostly students—to cancel their online services. According to the FTC, Chegg’s cancellation process buried links, forced users through confusing flows and “save” attempts, and in some cases still charged consumers after cancellation.The settlement requires Chegg to maintain a simple cancellation mechanism that is at least as easy as signing up—reaffirming the FTC’s ongoing focus on negative option compliance even after the Click to Cancel Rule was vacated.Hosted by Simone Roach. Based on a blog post by Gonzalo Mon and Beth Chun.
Hawaii stands out among the states with a rare dual-entity enforcement structure: both the Attorney General’s Office and the Office of Consumer Protection hold authority under the state’s consumer protection laws. In this episode, we explore how these agencies coordinate enforcement, the strengths and challenges of overlapping jurisdiction, and the unique legislative and litigation roles each plays. We also dive into Hawaii’s UDAP and deceptive trade practices laws, automatic renewal requirements, price gouging restrictions, and key differences between pursuing cases in state versus federal court. For legal, compliance, and marketing teams, Hawaii offers a distinctive look at how consumer protection authority can be shared—and what that means for enforcement risk.Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier.
In late August, the Attorney General Alliance hosted its Chair’s Initiative in Girdwood, Alaska, marking the final event under former Alaska Attorney General Treg Taylor’s leadership. The conference brought together attorneys general, cybersecurity experts, and industry leaders to discuss evolving digital threats and strategies for public-private collaboration. Key themes included strengthening national defenses through cross-sector partnerships, harmonizing fragmented privacy laws, and leveraging AI responsibly—both to address risks like deepfakes and to build safer, more transparent systems. For companies navigating cybersecurity and consumer protection challenges, the Initiative underscored the central role state AGs will continue to play in shaping digital policy.Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier.
California regulators are sending a clear message to subscription-based businesses. HelloFresh has agreed to pay $7.5 million and revamp its practices after the California Automatic Renewal Task Force alleged that the company enrolled consumers in auto-renewing plans without proper disclosures or consent, and used tactics like countdown timers, misleading free offers, and unclear cancellation terms. As part of the settlement, HelloFresh must implement stricter consent mechanisms, provide clear disclosures, and offer easier cancellation options. For legal, compliance, and marketing teams, this case highlights the heightened scrutiny on subscription models and the growing expectation that companies go beyond the letter of the law to ensure transparent, consumer-friendly practices.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
State attorneys general are turning up the heat on Big Tech. Last week, 27 AGs filed an amicus brief urging the Eleventh Circuit to uphold Florida’s law restricting social media access for children, framing the measure as content-neutral and necessary to protect youth mental health. Days later, 44 AGs sent a joint NAAG letter to leading AI companies warning them to safeguard children from exploitation and inappropriate content, making clear they will use every enforcement tool available. For legal, compliance, and marketing teams, these actions underscore the growing regulatory focus on online platforms, addictive features, and AI-driven risks. Companies in the tech, digital media, and AI sectors should expect heightened scrutiny and prepare for aggressive, coordinated enforcement.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.
Caraway Home’s ads promoting its nonstick cookware as free from “forever chemicals” faced scrutiny when the Cookware Sustainability Alliance challenged claims suggesting competitor cookware is unsafe and exposes consumers to harmful PFAS. NAD found Caraway’s evidence insufficient, noting that while PTFE—the PFAS compound used in many traditional nonstick products—can release fumes under extreme conditions, those scenarios do not reflect typical consumer use. For legal, compliance, and marketing teams, this decision underscores the importance of grounding health and safety claims in consumer-relevant evidence, not just lab studies, and being cautious when making broad comparative claims against competitors.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
Two state attorneys general made surprise announcements last week, signaling major changes ahead in consumer protection enforcement. Missouri AG Andrew Bailey will step down September 8 to join the FBI as Co-Deputy Director, with former U.S. Attorney Catherine Hanaway already appointed as his successor through 2028. In Alaska, AG Treg Taylor announced his resignation effective August 29, amid reports he may pursue a run for governor. Both AGs have been active on hot-button issues ranging from AI and social media regulation to cybersecurity and financial data protection. For legal, compliance, and marketing teams, these leadership transitions matter: shifts in priorities, enforcement strategies, and election dynamics can quickly reshape the regulatory landscape.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.
The 2025 NAAG Presidential Initiative Summit brought attorneys general, law enforcement, healthcare leaders, and private sector stakeholders together to tackle the urgent challenges posed by fentanyl, methamphetamines, and other emerging drug threats. Discussions ranged from innovative legislative responses like “Jake’s Law,” to the role of social media and online pharmacies in drug trafficking, to growing concerns about counterfeit GLP-1 weight loss drugs. For legal, compliance, and marketing teams, the Summit signals where enforcement priorities are headed and underscores the importance of preparing for greater regulatory scrutiny.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.
A new lawsuit from the New York Attorney General is targeting Zelle, raising important questions about how payment platforms handle fraud claims and consumer protection obligations. With regulators sharpening their focus on peer-to-peer payment services, companies operating in the fintech, banking, and marketing spaces face heightened compliance risks and evolving enforcement priorities. Legal, compliance, and marketing teams should take note of how this case could reshape expectations around liability, disclosures, and customer trust.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
Could a clinical relationship on LinkedIn trigger consumer protection concerns? In its latest decision, the National Advertising Division weighed in on two LinkedIn posts by Agendia featuring Dr. Nathalie Johnson—who praised Agendia’s genomic test over a competitor’s—without disclosing her material connections to the company via co-authored research and her role as principal investigator in a study. The NAD recommended that Agendia make those connections "clearly and conspicuously" obvious to audiences. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.Read the full post: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-considers-material-connection-disclosures-on-linkedin
Can a “smidgen” of difference sink an advertising claim? A recent class action against Prime energy drink raised that very question after lab tests showed caffeine levels slightly higher than advertised. The court concluded that the overage was not material, reasoning that consumers seeking an energy boost were unlikely to be misled by a few extra milligrams of caffeine. For legal, compliance, and marketing teams, the decision highlights how courts apply the reasonable consumer standard and reminds businesses that even small variances in product claims can invite scrutiny—though not all will prove actionable.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
A recent court decision dismissing a high-profile influencer lawsuit highlights the critical role that procedural rules can play in advertising and endorsement disputes. While the case didn’t move forward on the merits, it still offers important lessons on how courts may handle claims involving influencer marketing practices. For legal, compliance, and marketing teams, the takeaway is clear: even when procedural issues decide the outcome, the underlying risks tied to endorsements, disclosures, and consumer trust remain front and center.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
What happens in Nevada won’t stay in Nevada when it comes to consumer protection enforcement. A recent Kelley Drye webinar shed light on how state attorneys general approach unfair and deceptive practices, offering a preview of tactics and remedies that could surface in other jurisdictions. For legal, compliance, and marketing teams, these insights are critical for anticipating enforcement risks, adapting compliance programs, and avoiding costly disputes with regulators.Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier
Regulators in Massachusetts have offered new guidance on the state’s upcoming rules targeting junk fees and negative option programs, bringing important clarity for businesses preparing to comply. These updates address lingering questions around disclosures, consent, and cancellation requirements, and they will have a direct impact on how companies structure consumer offers. For legal, compliance, and marketing teams, understanding these clarifications now is critical to mitigating risk and avoiding costly enforcement down the road.Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Beth Bolen Chun.
A new amendment in Virginia expands protections around reproductive health data, but its broad scope may trigger compliance challenges that businesses didn't anticipate. This episode unpacks what the amendment covers, how it intersects with existing privacy frameworks, and why legal, compliance, and marketing teams need to asses their data practices now to avoid costly missteps. Hosted by Simone Roach. Based on a blog post by Alysa Hutnik, Gregory Pruden, and Meaghan Donahue.
Aaron J. Burstein, Meaghan M. DonahueOn July 1, 2025, California Attorney General Rob Bonta announced a $1.55 million proposed settlement order with Healthline Media – the largest California Consumer Privacy Act (CCPA) settlement to date. The proposed settlement resolves allegations that Healthline violated the CCPA by 1) failing to honor consumer requests to opt-out of the sale and sharing of personal information, 2) violating the CCPA’s purpose limitation principle, and 3) failing to include required data protection provisions in contracts with service providers and third parties.
Donnelly L. McDowell, Katie Rogers, Andrea deLorimierRobert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has launched a number of initiatives that target certain types of food products and ingredients. The changes invited by the so-called “MAHA” or “Make America Healthy Again” movement have not been limited to the federal level – with certain states passing or proposing legislation banning or limiting the use of certain foods and ingredients, or requiring warning labels akin to California’s Proposition 65.
Alysa Z. Hutnik, Gregory C. Pruden, Jennifer Rodden WainwrightA bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state’s telemarketing laws.
Gonzalo E. MonAs we noted earlier this month, FTC Chairman Andrew Ferguson designated July as “Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning letters, instead.
Gonzalo E. MonP&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a commission on purchases of Dr. Squatch products that are made through their affiliate links. The challenged posts included a disclosure that stated: “creator earns commission.”
Gonzalo E. MonThis week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing industry to a $24 billion domestic valuation. Despite this growth, a survey commissioned by NAD suggests that the industry faces serious challenges.
FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Reviews, and Weight Claims by Kelley Drye Advertising Law
FTC Negative Option Rule Vacated by Eighth CircuitJust days before the FTC’s new Negative Option Rule was set to take effect, the Eighth Circuit vacated it entirely. What does that mean for federal enforcement, and how should businesses approach autorenewal compliance now?In this Ad Law Access podcast episode, host Simone Roach walks through the key takeaways from the ruling and the broader landscape ahead from the blog post from Beth Chun and Aaron Burstein.#KelleyDrye #AdLawAccess #NegativeOption #AutoRenewal #FTC
Four states. Four amended privacy laws. One message: compliance is not one-size-fits-all.In this episode of the Ad Law Access podcast, Sinone Roach brings us Alysa Hutnik, Alexander Schneider, and Meaghan M. Donahue's unpacking of the growing complexity of state privacy frameworks, including:• Connecticut’s redefinition of profiling and sensitive data• Montana’s tightened thresholds and GLBA carve-outs• Expanded protections for children’s data• Key disclosure, opt-out, and notice obligations across statesIf your business has 300+ employees nationwide, this is one to catch.🎧 Listen here: [link to podcast episode]📖 Read the full analysis:https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fragmentation-of-privacy-requirements-accelerates-as-four-states-amend-nascent-laws#PrivacyLaw #StateAG #AdLawAccess #KelleyDrye
Aaron J. Burstein, Andrea deLorimierOn July 8, Connecticut Attorney General William Tong announced a settlement with TicketNetwork, Inc. for alleged violations of the Connecticut Data Privacy Act (CTDPA). The settlement is the first publicly announced enforcement action under the state’s comprehensive privacy statute, which went into effect on July 1, 2023.
The final day of the Attorney General Alliance Annual Meeting covered some of the most urgent and complex issues facing law enforcement and AGs today:• Proactive public-private collaboration• Technology-facilitated harms (and how AGs are responding)• Earned wage access and the evolving regulatory landscapeYour host Simone Roach brings us the break down from Paul Singer, Abigail Stempson, Beth Chun, and Andrea deLorimier. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/2025-aga-annual-meeting-wrap-up-day-3
Gonzalo E. MonCoterie Baby advertises that its diapers provide “up to 4x more absorbency” and “up to 3x drier skin” compared to “leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this claim (among others) before NAD. One of the key questions in the case is what evidence is necessary to support an “up to” superiority claim involving multiple competitors.
Gonzalo E. Mon, Beth Bolen ChunIn our most recent “Junk Fee” Legislative Roundup, we noted that the Connecticut legislature had introduced a bill that could require companies to include mandatory fees in their prices. On June 10, 2025, Connecticut’s Governor signed that bill into law.
Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimierThe Attorney General Alliance (AGA) hosted its 2025 Annual Meeting last week, bringing together state attorneys general and their staff, legal practitioners, and industry participants to discuss various topics important to AGs. In the first post of this three-part series, we explore the first day of panels, which included discourse on counterfeit prescriptions and fentanyl, innovative tools to disrupt human trafficking, unregulated synthetically derived substances, and gift card fraud. The Annual Meeting is the premier event hosted by the AGA each year, with almost 600 participants engaging in dialogue around the most critical legal issues facing the states and identifying opportunities for public/private partnerships to address those issues.
In this first episode of Privacy Perspectives, a new Ad Law Access podcast mini-series, Alex Schneider talks with Celine Guillou about how businesses can put their best foot forward when engaging with enforcement agencies and regulators in privacy and security investigations.Celine recently joined Kelley Drye as Special Counsel after serving in the Enforcement Division of the California Privacy Protection Agency (CPPA). She shares insights from her time at the CPPA, including common areas of regulatory focus and practical guidance for responding to enforcement requests.Alex and Celine also discuss the broader landscape of state privacy laws, emerging enforcement trends, and steps companies can take to strengthen compliance programs before an investigation ever starts.ABOUT THE SPEAKERSCeline GuillouSpecial Counsel, Advertising and Privacy GroupFormer Enforcement Attorney, California Privacy Protection Agencycguillou@kelleydrye.com(213) 547-4946www.kelleydrye.com/people/celine-m-guillouAlex SchneiderSpecial Counsel, Advertising and Privacy Groupaschneider@kelleydrye.com(202) 342-8634www.kelleydrye.com/people/alexander-i-schneiderRESOURCESSubscribe to the Ad Law Access blog:www.kelleydrye.com/subscribeSubscribe to the Ad Law News newsletter:www.kelleydrye.com/subscribeVisit the Advertising and Privacy Law Resource Center:www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here:linktr.ee/KelleyDryeAdLaw
Gonzalo E. Mon, Katie RogersThe International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. Previously, we looked at what NAD had to say about whether advertisers can substantiate green claims using a mass balance accounting approach. Today, we’ll look at three other types of claims in the case.
Gonzalo E. MonThe International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. NAD’s decision covers a lot of ground and is worth reading for anyone who makes green claims, but in this post, we’ll just focus on one issue NAD hasn’t addressed in detail before – mass balance accounting.
Gonzalo E. Mon, Beth Bolen ChunOn May 9, 2025, New York Governor Kathy Hochul signed a large budget bill with “major components of legislation necessary to implement the state transportation, economic development, and environmental conservation budget for the 2025-2026 state fiscal year.” Buried in Part W of the 99-page bill are various provisions that will also impact how companies can offer automatic renewal programs in New York, starting this November. Some of these changes appear to echo Negative Option Rule and California Automatic Renewal Law amendments, while others are more prescriptive.
Laura Riposo VanDruff, Andrea deLorimierOn Thursday, the U.S. House Committee on Financial Services Subcommittee on Financial Institutions held a hearing entitled, “Framework for the Future: Reviewing Data Privacy in Today’s Financial System.” Hearing testimony explored whether there is need for a federal privacy statute and how the financial services industry, which is already regulated by the Gramm-Leach-Bliley Act (“GLBA”) and other sector-specific statutes, would fit into such a standard.
Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimierThis week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from “doxing” — i.e., maliciously posting someone else’s personal information online to incite harassment or violence.
Gonzalo E. MonOver the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms have filled in the blanks to file at least two more lawsuits, these against Alo Yoga and Beach Bunny Swimwear.
Ioana Gorecki, Beth Bolen Chun, Paul L. SingerIf you’ve been keeping tabs on the AI legal landscape lately, one thing is clear: states aren’t waiting. Over the past year, lawmakers across the country have introduced—and in some cases passed—a flurry of bills aimed at regulating the use of AI systems, particularly in the areas of consumer protection, data privacy, and transparency. From algorithmic bias bans to generative AI labeling and ADMT restrictions, a patchwork of new AI rules is quickly taking shape.
Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Zach CihlarUtilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the “MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social media companies from requiring their users to rely on the company’s in-house content moderation algorithm. Instead, social media companies must offer “algorithmic choice” to users. In a press release, the Missouri AG called the rule the first of its kind in the nation.
Gonzalo E. MonA beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its Instagram account. Although the influencer doesn’t have a formal relationship with Huda and wasn’t required to post the video, she does periodically receive free products from the company.
Gonzalo E. MonChurch & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: “It’s a better mouthwash. I guarantee it.”
Aaron J. Burstein, Alexander I. SchneiderOn May 6, the California Privacy Protection Agency (CPPA) announced a settlement with Todd Snyder, Inc. over allegations that the men’s retail brand violated CCPA rules on submission and fulfillment of privacy rights requests. Todd Snyder agreed to pay $345,178 and to modify its CCPA compliance program to resolve the case.
Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimierLast week, Washington Attorney General Nick Brown, a bipartisan coalition of attorneys general from ten other states, and the California Department of Financial Protection and Innovation wrote the Consumer Protection Financial Bureau’s Acting Director, Russell Vought, pressing the CFPB to issue “long-delayed restitution” to consumers allegedly harmed by a business offering online training for tech positions.
Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimierTwice a year, state attorneys general consumer protection staff gather to discuss consumer protection issues. Our state attorney general team was at the public sessions, attending and presenting on issues important to AGs. We first heard from NAAG’s Todd Leatherman, Director, Center for Consumer Protection, and Brian Kane, Executive Director, as they explained the changes to the format this year resulting from interest from the public. These conferences are now accepting input from the public on panel topics, and NAAG extended the public’s attendance from half a day to a full day. As Kane put it, part of the benefits of these conferences is “between the panels” allowing people from AG offices and the public to have conversations in person.
Gonzalo E. MonIf you lose a case before NAD and NAD recommends that you stop making certain claims, how long do you have to stop making them? Although there’s no clear answer, a recent decision provides some guidance on what NAD expects.
Donnelly L. McDowell, Aaron J. Burstein, Beth Bolen ChunLate Friday, the FTC announced that the Commission had voted 3-0 to extend the compliance deadline for the to-be-effective provisions of the Negative Option Rule, formerly known as the “Click to Cancel Rule.” While the Ferguson-led FTC appears to no longer embrace the Khan era branding of “click to cancel,” more importantly, it appears that all of the provisions of the Rule will take effect as written in July, barring court action in pending litigation.
Alysa Z. Hutnik, Alexander I. Schneider, Meaghan M. DonahueOn April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy Act (CIPA). Three years after extensive wiretapping litigation first emerged targeting the use of website pixels or similar technologies, the amendment could mark the end of the road for a large swath of wiretap litigation in the state and potentially nationwide.
Gonzalo E. MonEarlier this month, we posted about a decision in which NAD determined that influencer Brittany Mahomes had not adequately disclosed her relationship to Skims Body – a fashion brand that specializes in underwear and loungewear – in various Instagram posts. This week, NAD announced another decision related to the same campaign. This second inquiry was directed towards 1Up Sports Marketing, who represents Mahomes.
Gonzalo E. MonTwo years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint alleged that the retailer advertised that a sale would only last one week, even though the sale continued the following week.
Paul Singer, Beth Chun, Abigail Stempson, Andrea deLorimierLast week, New Jersey Attorney General Matthew J. Platkin announced a lawsuit against Discord, Inc., a popular messaging application provider, for allegedly misleading parents about the efficacy of its safety controls and obscuring risks facing children on the application.
Aaron J. Burstein, Alysa Z. Hutnik, Leah Plagge RabkinOn April 11, the Department of Justice issued an extensive set of FAQs on its Bulk Data Access Rule and advised that it “will not prioritize civil enforcement actions against any person for violations” of the Rule through July 8, 2025, “so long as the person is engaging in good faith efforts” to comply with the Rule. (DOJ refers to the “Data Security Program” or “DSP.” We refer to “the Rule” to emphasize that it is a legally binding regulation with obligations that extend beyond data protection.)
Gonzalo E. MonWhen Apple announced the iPhone 16 last year, it advertised that it would be “the first iPhone built for Apple Intelligence.” Apple touted several AI features and advertised that Apple Intelligence is “Available Now.” In reality, some features – including Priority Notifications, Image Generation, and the ChatGPT integration into Siri and Writing Tools – were not available at the time of launch. A disclosure at the bottom of the Apple Intelligence page explained: “Some features will become available in software updates in the coming months.”
Katie Rogers, Gonzalo E. MonIn 2021, California enacted the SB 343 – “Truth in Recycling Law” – which generally prohibits companies from using the “chasing arrows” symbol or otherwise implying that a product or package is recyclable, unless the product or package is considered recyclable pursuant to specific criteria developed by the state’s Department of Resources Recycling and Recovery.
Gonzalo E. MonYesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: “210,000+ 5-star reviews of Rascals Products.” P&G thought something about that claim smelled funny and challenged that, too
Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimierFlorida Attorney General James Uthmeier sued Snap, Inc., the operator of the social media platform Snapchat, this week for violations of Florida’s HB 3 (§§ 501.1736–.1738, Fla. Stat. (2024)) and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The complaint alleges that Snapchat is a covered social media company under HB 3 because the app features allegedly addictive features that unfairly harm its users. The suit further asserts that Snap has violated that statute by permitting 13-15 year olds to obtain accounts inappropriately.
Gonzalo E. MonRascals advertises that the Hydrolock Core in its diapers “holds up to 25 x its weight” and “absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals supported its claims with tests that didn’t mirror real-world use. NAD’s decision holds valuable lessons for advertisers across industries.
Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimierLast week, the Kelley Drye State AG team attended the National Association of Attorneys General (NAAG) Attorney General Symposium. The panels included a number of topics of importance to state attorneys general including cell phone jamming in prisons, social engineering or “pig butchering” scams, human trafficking, youth and young adult mental health especially pertaining to student athletes, cannabis legislative trends and enforcement, and disaster preparedness and response. In addition, below we’ve highlighted some of the other topics discussed by AGs.
Gonzalo E. MonA recent class action asks how it’s possible that a Chinese company, with allegedly “no fashion designers or background, selling flea-market quality clothes, became a giant in the fast-fashion industry in the US?” The answer, according to the complaint, “is simple: undisclosed endorsements on social media.” In this case, the plaintiffs allege that Shein engages influencers to promote its products without disclosing their relationships to the company.
Gonzalo E. Mon, Christie Grymes ThompsonIn 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the tea leaves are actually grown and processed abroad. Among other things, the plaintiffs pointed to Bigelow’s use of term “Manufactured in the USA” on the backs of certain packages.
Donnelly L. McDowell, Ioana GoreckiToday, the Senate confirmed Mark Meador as the newest Republican commissioner of the Federal Trade Commission with a 50-46 vote along party lines. Meador’s confirmation solidifies a Republican majority on the Commission, following the recent dismissals of Democratic commissioners Alvaro Bedoya and Rebecca Kelly Slaughter by President Trump, which we covered previously.
Alysa Z. Hutnik, Jennifer Rodden WainwrightOn April 7, 2025, the FCC’s Consumer and Governmental Affairs Bureau (CGB) released an order announcing a one-year delay of a new implementing rule for the Telephone Consumer Protection Act (TCPA) related to consumers’ ability to revoke consent to receive autodialed and/or prerecorded calls and texts. The order was issued just days before the rule was scheduled to take effect on April 11. Below we summarize CGB’s action and explain what it means for businesses going forward.
Gonzalo E. MonAs part of its on-going monitoring of influencer campaigns, NAD recently launched an inquiry to assess whether influencers Brittany Mahomes and Lana Del Rey had adequately disclosed their relationship to Skims Body – a fashion brand that specializes in underwear and loungewear – in various Instagram posts.
Paul L. Singer, Alysa Z. Hutnik, Beth Bolen Chun, Abigail Stempson, Jennifer Rodden WainwrightOn March 17, a bipartisan group of attorneys general from 27 states and the District of Columbia filed an amicus brief in the Eleventh Circuit Court of Appeals in support of the National Consumer Law Center’s proposed petition for rehearing en banc of the court’s decision to overturn the FCC’s so-called “one-to-one” consent rule for telemarketing calls and texts under the Telephone Consumer Protection Act (TCPA). The rule, intended to address what the FCC called the “lead generator loophole,” would have amended the definition of “prior express written consent” by requiring a consent agreement to be specific to “no more than one identified seller” and be “logically and topically associated with the interaction that prompted the consent.”
Beth Bolen Chun, Salim Rashid, Gonzalo E. MonBusinesses offering subscriptions or other ongoing services continue to face a growing, and increasingly complex, patchwork of state auto-renewal laws (ARLs). 2025 brings a fresh wave of developments across the states.In addition to newly introduced and enacted ARL legislation this session, a number of state laws are now in effect as of January 1, 2025. Together, these proposed and new laws reflect a continued trend toward more prescriptive disclosure, notice, and cancellation requirements, with each state introducing its own unique take.
Katie Rogers, Gonzalo MonLast week, consumers in four states filed a proposed class action against Amazon, accusing the company of greenwashing by misleading consumers about the sustainability of the company’s Amazon Basics line of paper products. The 123-page complaint covers a lot of ground, but here are some of the key allegations
Gonzalo E. MonDREO advertises that it is the “No. 1 Fan and Heater Brand” in the United States. Lasko, a competitor, thinks that it is, in fact, the “number 1” brand in both of those categories. Because there can’t be two “number 1” brands, Lasko filed a challenge before the NAD to dispute its competitor’s claims.
Donnelly McDowell, Ioana GoreckiYesterday, we covered President Trump’s firing of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter and explored whether a two-member Commission constitutes a quorum for the agency to take formal action.Today, we take a look at the FTC’s first 50 days under Chair Andrew Ferguson, reflecting on key developments and early insights relating to the agency’s consumer protection agenda. So far, the FTC has issued several business blog posts, formed two new task forces, initiated information-gathering efforts, and announced three new enforcement actions. While the new Commission leadership continues to shape its priorities, early indications suggest a strong focus on combating consumer fraud and scrutinizing content censorship practices by large technology companies.
Alysa Hutnik, Laura Riposo VanDruff, Jennifer Rodden WainwrightMost businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming from the TCPA’s private right of action. However, outreach to consumers by phone, including texting, can also come under scrutiny under a patchwork of state laws, many of which have unique nuances that create compliance challenges.
President Trump fired the two Democratic members of the Federal Trade Commission, Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter. President Trump’s action leaves Chair Andrew Ferguson (R) and Commissioner Melissa Holyoak (R) as the only two members of the Commission, which has many wondering: can the FTC take formal action by a 2-0 vote cast by members of the same party? Can Trump refuse to appoint new Democratic members? What happens next for Commissioners Bedoya and Slaughter?See the blog post from John E. Villafranco and Andrea deLorimier: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/can-two-ftc-commissioners-of-the-same-party-constitute-a-quorumPodcast hosted by Simone Roach
Gonzalo MonSimpler Hair Color (or “SHC”) advertises that its products are “Rated #1 Men’s Hair Color” and “Rated #1 Men’s Hair & Beard Color” based on “Trustpilot.com verified reviews.” Combe, a competitor, challenged the #1 claims before the NAD, arguing that the claims are unsubstantiated because Trustpilot doesn’t have a “Men’s Hair Color” category and that SHC is not listed as #1 in any actual Trustpilot category.
As news hit that President Trump fired the two remaining Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter, many questions abound. Would Commissioners Bedoya and Slaughter contest the dismissals? (The answer there appears to be an emphatic yes – with both issuing statements last night to that effect.) Another question: what will this mean for day-to-day operations at the Commission, including the ability for the FTC to continue to bring actions with only two commissioners of the same party, an issue my colleagues cover in a separate post here.Perhaps the biggest question – with implications far beyond our day-to-day advertising and privacy worlds – is whether the Supreme Court will overturn its 1935 decision in Humphrey’s Executor, a decision that forms the longstanding constitutional basis for independent agencies like the FTC, Consumer Product Safety Commission (CPSC), Securities and Exchange Commission (SEC), Federal Communications Commission (FCC), Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB), amongst others. As a refresher, in Humphrey’s Executor, the Supreme Court upheld the insulation of FTC Commissioners from removal by the President at will – finding that the Constitution permits Congress to create expert independent agencies led by a group of principal offers removable only for cause.
New York Attorney General Letitia James reached a settlement with app developer Saturn Technologies following an investigation into the company’s privacy practices. Saturn’s calendar app, marketed to high school students, promised an exclusive community but allegedly failed to deliver on its security claims. The settlement includes a $200,000 payment, stricter privacy safeguards, and marketing compliance requirements.In this episode of the Ad Law Access Podcast, your host Simone Roach delivers insights from Alysa Z. Hutnik, Paul L. Singer, Beth Bolen Chun, and Abigail Stempson, who break down the key takeaways from the AG’s action. With teen privacy and social media under increasing scrutiny, this case underscores the importance of transparency in data collection, user verification, and marketing practices.Blog post here: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-york-ag-settles-with-school-calendar-app-saturn
What’s going on with Michigan’s consumer protection statute? How does the Michigan Attorney General’s Office operate, and what are its enforcement priorities? In this episode of the Ad Law Access Podcast, your host Simone Roach delivers insights from Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier, based on their recent blog post recapping their recent webinar with Michigan Attorney General Dana Nessel’s discussion on these key topics: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-and-consumer-protection-what-we-learned-from-michiganWith potential changes to Michigan’s consumer protection laws and new enforcement priorities on the horizon, this is an important listen for businesses navigating regulatory risks in the state.
Contact: Caroline T. Schmitz, Gonzalo E. Mon, Katie RogersHosted by Simone RoachGreen marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the Green Guides were last updated in 2012, so they don’t always provide clear answers to today’s questions. In 2022, the FTC started the process of updating the Green Guides, but the new version hasn’t come out yet. What can we expect under the new administration?FTC Commissioner Melissa Holyoak was one of the keynote speakers at last week’s Consumer Brands Association annual CPG Legal Forum. During her presentation, Commissioner Holyoak touched on the status of the Green Guides. She highlighted that there have significant technological improvements since the Green Guides were updated in 2012 and noted that any updates need to take those improvements into account, as well as leave room for technological updates that will likely happen in the future.
Aaron J. Burstein and Laura Riposo VanDruff: As its first policy initiative under Chair Andrew Ferguson, the FTC announced a Request for Information (RFI) “to better understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliations, and how this conduct may have violated the law.” The premise of the RFI is that “technology platforms” – which include a wide variety of “internet services” – “deny or degrade (such as by “demonetizing” and “shadow banning”) users’ access to services based on the content of the users’ speech or their affiliations, including activities that take place outside the platform,” which the RFI refers to as “adverse actions.” The RFI solicits comments from consumers who have experienced limits on the “ability to share . . . ideas or affiliations freely and openly,” including from “current and former employees of technology platforms” who may have knowledge of platforms’ motivations behind their decisions and policies.
Hosted by Simone Roach from a blog post from Aaron J. Burstein, Alysa Z. Hutnik, Alexander I. Schneider, and Meaghan M. DonahueOn March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co., resolving allegations that the company violated the California Consumer Privacy Act (CCPA) and requiring Honda to pay a $632,500 fine. The announcement marks the Agency’s most far-reaching enforcement action, and the first to stem from the CPPA’s July 2023 announcement that it was reviewing the data privacy practices of connected vehicle manufacturers and related technologies.
From Gonzalo Mon: Under the FTC’s Endorsement Guides, influencers and celebrities have to disclose any material connection they have to the brands they promote “when a significant minority of the audience for an endorsement does not understand or expect the connection.” That leaves open the possibility that there are instances in which a connection is so obvious to almost everyone, that it doesn’t need a disclosure. A pair of recent NAD cases show just how narrow that exception is.As part of its ongoing routine monitoring program, NAD found various social media posts in which Kevin Hart promoted Fabletics, an athletic apparel brand. NAD questioned whether Hart had adequately disclosed his relationship to the company in those posts. While previous NAD challenges involving influencers were targeted solely at the companies, here, NAD brought two separate challenges – one against Fabletics and one against Hart himself.
Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimierAs we’ve discussed previously, price gouging has been a focus for enforcers in the past few years, and 2025 is proving no different. In the past month alone, California Attorney General Rob Bonta announced that the California DOJ has opened active investigations into price gouging in the aftermath of the Los Angeles fires (and Los Angeles county increased its penalty for price gouging to $50,000 per violation), New York Attorney General Letitia James issued a warning against price gouging for eggs and poultry amid the national bird flu outbreak, and Arkansas Attorney General Tim Griffin sued Capital City Tree Service for price gouging allegations stemming from severe weather events in the state. This week, Connecticut Attorney General William Tong joined the fray by proposing price gouging legislation that, if passed, would put a novel spin on his state’s continued fight against price gouging. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/connecticuts-shrinkflation-legislation-expanding-state-ags-price-gouging-authority-for-shrinking-product-sizes#:~:text=According%20to%20Attorney%20General%20Tong,do%20not%20also%20reduce%20price.
Hosted by Simone Roach, this episode breaks down ten things we, as counsel to the business community, would like to see from the agency under Chair Andrew Ferguson: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/a-respondents-wishlist-10-changes-businesses-would-like-to-see-from-the-new-ftc-bureau-of-consumer-protection#FTC #RegulatoryChanges #ConsumerProtection #BusinessLaw #FederalOversight #KelleyDrye
Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimierA coalition of all 23 democratic attorneys general filed an amicus brief in the U.S. District Court for the District of Maryland warning against efforts by the Trump Administration to defund and disband the Consumer Financial Protection Bureau (CFPB). The brief comes in the wake of the outgoing CFPB’s call for state action, in a foreshadowing of events to come.In their brief, the coalition, co-led by New Jersey Attorney General Matthew J. Platkin and New York Attorney General Letitia James, argues that the administration’s efforts to eliminate the CFPB will harm consumers by preventing them from utilizing the CFPB’s robust complaint reporting system to raise issues of fraud or deception. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/multistate-coalition-files-amicus-brief-warning-against-efforts-to-dismantle-the-cfpb
Gonzalo E. MonLast year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ “top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a “little shimmy, shimmy shake” (like he’s chasing an ice cream truck), holds up an iPhone 16 Pro “like a baby lion,” and then takes T-Mobile’s savings and “calls it a day.” Snoop tells the audience that families who use T-Mobile can save 20% a month “versus the other big guys.” https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/narb-disagrees-with-nad-on-who-the-big-guys-are#:~:text=Accordingly%2C%20NAD%20held%20that%20T,category%20with%20significant%20market%20shares.
Comprehensive state privacy laws are the “new normal.” Comprehensive state privacy legislation is unlikely to slow down any time soon. In the first few weeks of 2025 alone, nineteen comprehensive privacy bills were introduced across ten states. As more states endeavor to jump on the privacy bandwagon, consumer protection offices will no doubt begin to ramp up education and enforcement efforts. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/privacy-consumer-protection-and-state-ag-enforcement-action-what-to-expect-in-2025Paul L. Singer, Christopher S. Tarbell, and Meaghan M. Donahue
f you have been following our blogs, it should be no surprise that the Attorneys General remain focused on combatting Organized Retail Crime (ORC) using available state and federal tools.The Attorneys General of Connecticut, Georgia, Illinois, and South Carolina co-led a bipartisan letter joined by 34 other Attorneys General (AGs) to encourage Congress to help “combat the nationwide organized retail crime epidemic” as retailers across the country have been forced to close stores due to financial losses and physical dangers from crime. These store closures, the AGs explain, often result in underrepresented communities losing access to necessary consumer goods. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ags-ask-congress-to-take-further-action-on-orcPaul L. Singer, Beth Bolen Chun, Abigail Stempson
Paul L. Singer, Abigail Stempson, Beth Bolen Chun, John QuaglinoWashington Attorney General Nick Brown announced that his office had reached a resolution in its nearly two-year lawsuit against Puppyland, a local pet store that sells and provides financing for (you guessed it) puppies, for claims of unfair and deceptive practices in sales and marketing in violation of the state Consumer Protection Act (CPA). The AG’s Office and Puppyland have entered into a consent decree under which the company will pay $3.75 million by the end of June 2026 and will be subject to new requirements in how it markets and sells puppies in Washington.
The DOJ has released new guidance on website accessibility programs, outlining key steps organizations should take to ensure compliance with the ADA. This episode breaks down the recommendations, including setting clear policies, regular testing, and vendor accountability.Read more: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/doj-provides-guidance-on-website-accessibility-programs#:~:text=The%20DOJ%20recommends%20that%20entities,warranties%3B%20(4)%20require%20vendors#ADA #WebsiteAccessibility #DOJGuidance #DigitalCompliance #KelleyDrye
State AGs Double Down on DEI (and ESG)Republican state attorneys general are ramping up their scrutiny of corporate DEI and ESG policies. In this episode, we discuss recent letters sent by state AGs to major financial institutions and Costco, challenging diversity initiatives and climate commitments.Read the full analysis from Paul Singer, Abigail Stempson, and Beth Bolen Chun on the Ad Law Access blog: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-double-down-on-dei-and-esgHosted by Simone Roach
Revolve, a fashion e-commerce brand, recently faced scrutiny from the National Advertising Division (NAD) over influencer disclosures in its gifting program. In this episode, Gonzalo Mon unpacks NAD’s findings and what they mean for influencer marketing.NAD’s decision raises key compliance concerns under the FTC’s Endorsement Guides, from unclear disclosure instructions to the effectiveness of hashtags like #giftedbyrevolve. We’ll explore why NAD found Revolve’s approach insufficient, how brands can improve influencer agreements, and why clear, unmistakable disclosure language matters.Read the full analysis from Gonzalo Mon on the Ad Law Access blog: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-addresses-gifting-to-influencersHosted by: Simone Roach
Is P&G’s sustainability messaging misleading consumers?A new class action lawsuit accuses Procter & Gamble of greenwashing, alleging that its "Keep Forests as Forests" campaign and "Protect-Grow-Restore" promises don’t hold up under scrutiny. The case claims that P&G’s Charmin toilet paper is sourced from clear-cut boreal forests, with replanting efforts creating so-called "Frankenforests"—single-species tree plantations treated with chemical herbicides.The lawsuit also challenges P&G’s use of FSC and Rainforest Alliance logos, arguing that they mislead consumers about the company’s sustainability efforts. Plaintiffs cite violations of the FTC’s Green Guides, shareholder criticism, and competitor practices as key factors in their claim.Read the full analysis here: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/p-g-accused-of-greenwashing-and-creating-frankenforests#:~:text=Earlier%20this%20month%2C%20a%20group,following%20through%20with%20its%20sustainableHosted by: Simone RoachBlog by: Katie Rogers & Gonzalo MonStay Informed on Green Marketing & Sustainability Claims:- Ad Law Access Blog: https://www.kelleydrye.com/subscribe- Ad Law News Newsletter: https://www.kelleydrye.com/subscribe- Advertising & Privacy Law Resource Center: https://www.kelleydrye.com/advertising-and-privacy-law- All Kelley Drye Ad Law Links: https://linktr.ee/KelleyDryeAdLaw- Kelley Drye Team: https://www.kelleydrye.com/practices/advertising-and-marketing
A New York health privacy law has moved quickly through both chambers of the state legislature and is up for review by Governor Kathy Hochul. The New York Health Information Privacy Act (“NYHIPA”) bears striking resemblance to similar laws in Washington, Nevada, and Connecticut, but also adopts novel provisions that could make this one of the most stringent privacy laws on the books in the U.S.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-year-new-health-privacy-law-what-you-need-to-know-about-nyhipaAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikAaron Bursteinaburstein@kelleydrye.com(202) 342-8671www.kelleydrye.com/people/aaron-j-bursteinChris Tarbellctarbell@kelleydrye.com(202) 342-8813https://www.kelleydrye.com/people/christopher-s-tarbellAlex Schneideraschneider@kelleydrye.com(202) 342-8634www.kelleydrye.com/people/alexander-i-schneiderMeaghan Donahuemdonahue@kelleydrye.com(202) 945-6622www.kelleydrye.com/people/meaghan-m-donahueSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a ruling which vacated the so-called “one-to-one” consent requirement for marketing calls and texts adopted by the Federal Communications Commission (FCC) in its implementing rules for the Telephone Consumer Protection Act (TCPA). In its ruling, the court held that the rule adopted by the FCC exceeded the agency’s statutory authority because it conflicted with the plain meaning of “prior express consent” in the TCPA. Below we summarize the court’s ruling and explain what it means for businesses going forward.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/eleventh-circuit-vacates-tcpa-11-consent-ruleAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJenny Wainwrightjwainwright@kelleydrye.com(202) 342-8649https://www.kelleydrye.com/people/jennifer-rodden-wainwrightHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
𝗠𝗮𝘀𝘀𝗮𝗰𝗵𝘂𝘀𝗲𝘁𝘁𝘀 𝗦𝗲𝗰𝘂𝗿𝗲𝘀 𝗥𝗲𝗰𝗼𝗿𝗱 𝗝𝘂𝗱𝗴𝗺𝗲𝗻𝘁 𝗔𝗴𝗮𝗶𝗻𝘀𝘁 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝗖𝗼𝗺𝗽𝗮𝗻𝗶𝗲𝘀The Massachusetts Attorney General’s Office (MA AGO) has secured a landmark $165 million judgment—one of the largest civil penalties ever imposed under the state's Consumer Protection Act—against three UnitedHealth insurance companies. A Suffolk Superior Court ruling found the defendants liable for violating a prior consent judgment and engaging in false and deceptive practices.The case has roots in a 2009 consent judgment, which barred the companies from selling health plans in Massachusetts for five years and permanently prohibited misleading advertising. However, a 2020 lawsuit alleged continued unfair and deceptive practices, including misleading advertising, misrepresenting agents as independent advisors, and improperly bundling health products. While some claims lacked sufficient evidence, the court imposed $115 million in civil penalties and $50 million in restitution. UnitedHealthcare has announced plans to appeal.𝗥𝗲𝗮𝗱 𝗺𝗼𝗿𝗲: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/massachusetts-secures-record-judgment-against-insurance-companies𝗛𝗼𝘀𝘁𝗲𝗱 𝗯𝘆 𝗦𝗶𝗺𝗼𝗻𝗲 𝗥𝗼𝗮𝗰𝗵𝗖𝗼𝗻𝘁𝗮𝗰𝘁 𝘁𝗵𝗲 𝗧𝗲𝗮𝗺Paul Singer | psinger@kelleydrye.com | (202) 342-8672Abigail Stempson | astempson@kelleydrye.com | (202) 342-8678Beth Chun | bchun@kelleydrye.com | (202) 342-8671Salim Rashid | srashid@kelleydrye.com 𝗦𝘁𝗮𝘆 𝗨𝗽𝗱𝗮𝘁𝗲𝗱• Subscribe to the Ad Law Access Blog: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access• Subscribe to AG Chronicles: https://www.kelleydrye.com/viewpoints/newsletters/ag-chronicles• Subscribe to the Ad Law News Newsletter: https://www.kelleydrye.com/viewpoints/newsletters/ad-law-news-and-views• Explore the Advertising & Privacy Law Resource Center: https://www.kelleydrye.com/advertising-and-privacy-lawFind all our resources: linktr.ee/KelleyDryeAdLaw
The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that according to the FTC’s release “would strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing (MLM) programs and money-making opportunities.” Notably, the proposed Earnings Claims Rule is limited to MLM programs (with different definitions proposed for consideration) and would not cover the gig economy, notwithstanding that the Commission’s recent enforcement actions related to earnings claims have not involved direct selling companies.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-puts-pedal-to-the-metal-to-release-proposed-rule-on-mlm-earnings-claims-changes-to-business-opportunity-rule-but-republican-commissioners-pump-the-brakes-in-potential-foreshadowingJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423www.kelleydrye.com/people/john-e-villafrancoDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellRobert Wardrward@kelleydrye.com(973) 503 5978https://www.kelleydrye.com/people/robert-n-wardIoana Goreckiigorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/people/ioana-goreckiSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
TikTok offers an affiliate program through which influencers and other content creators can earn commissions by promoting products from various brands through affiliate links in their videos. Marketing experts often caution brands against trying to exercise too much control over this type of content. If a video looks too scripted, it may not reflect the creator’s voice or resonate with the creator’s audience. Although that may be true, legal experts will likely caution brands that too little control can lead to legal issues. A recent NAD decision illustrates that point.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-addresses-content-creators-on-tiktokGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monwww.kelleydrye.com/viewpoints/blog…ybe-medium-guysSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
2024’s National Association of Attorneys General (NAAG) Capital Forum took place December 9-11. The Kelley Drye State AG Practice team was there as the AGs closed out a year of insights, including Oregon Attorney General Ellen Rosenblum’s Presidential Initiative concerning children’s welfare. During the sessions, we heard from two federal agency heads regarding their goals and how they can collaborate with AGs to accomplish them. We also heard from AGs and other notable panelists on topics ranging from charity to national security. Here are some of the highlights.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-close-out-2024-and-preview-2025-at-naag-capital-forumPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
I’ll start by admitting that I don’t know anything about the game of pickleball. Using the word “basketball” as an example and working backwards by breaking the word “pickleball” into its component parts, I can make an educated guess about what implements are used in the game. But maybe I’d be wrong. That’s why it may make sense to consult experts.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/advertising-lessons-from-the-world-of-pickleballGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ “top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a “little shimmy, shimmy shake” (like he’s chasing an ice cream truck), holds up an iPhone 16 Pro “like a baby lion,” and then takes T-Mobile’s savings and “calls it a day.” Snoop tells the audience that families who use T-Mobile can save 20% a month “versus the other big guys.”Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monhttps://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-hears-a-dispute-between-two-big-or-maybe-medium-guysSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
With the new year just around the corner and eight new privacy laws coming online next year, December is an excellent time for companies to assess their data collection and processing practices, and take stock of any changes needed to meet additional legal requirements. We break down what you need to know as we head into 2025.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-privacy-laws-in-2025-what-you-need-to-knowAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikAaron Bursteinaburstein@kelleydrye.com(202) 342-8671www.kelleydrye.com/people/aaron-j-bursteinMeaghan Donahue mdonahue@kelleydrye.com(202) 945-6622https://www.kelleydrye.com/people/meaghan-m-donahueHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Just Play makes Daisy the Yoga Goat, a toy for kids. The company advertises that Daisy has “super-soft plush gray fur…and lots of personality” and a recent TV commercial shows Daisy as she independently “moves her head, swishes her tail, drinks from her play water bottle, and does downward dog and bird yoga poses.” Change a couple of words and that basically describes my dogs.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/one-goat-two-dogs-and-advertising-to-childrenGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
FDA issued a final rule today updating the requirements food must meet to be marketed as “healthy.” FDA says that a “healthy” claim “implies that the nutrient content of the food may help consumers maintain healthy dietary practices,” and an update was necessary to ensure that foods described as healthy are consistent with current nutrition science, which has evolved significantly since the last update to the rule in 1994. FDA’s changes to the rule seek to “provide additional flexibility, which will result in more foods qualifying to bear the ‘healthy’ claim.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fda-updates-healthy-nutrient-content-claim-for-foodDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellKatie Rogerskrogers@kelleydrye.com(202) 342-8455www.kelleydrye.com/people/katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
DC Attorney General Brian Schwalb recently filed a lawsuit against Amazon for allegedly deceiving some District residents into paying for Prime delivery benefits they are not receiving, in violation of the Consumer Protection Procedures Act (CPPA). The complaint alleges Amazon quietly instituted exclusionary practices in its Prime Membership delivery program for certain ZIP codes in DC starting in 2022, while continuing to charge full subscription fees for consumers living in the “excluded” ZIP code areas.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/dc-ag-sues-amazon-for-failing-to-deliver-prime-membership-benefits-for-certain-dc-zip-codesPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunZach Cihlarzcihlar@kelleydrye.com(212) 808-7525https://www.kelleydrye.com/people/zach-cihlarHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
If you’ve been on social media lately, depending on your algorithm, you may have witnessed tween influencers touting expensive skincare routines, or commentators lamenting the rise of the Sephora Kid. Before the holiday, Connecticut AG William Tong urged parents to exercise caution regarding anti-aging skincare products that are being marketed to children and teens by influencers on social media. The AG is concerned that many of these products include ingredients that are unsuitable, or even harmful, for kids. The AG also sent a detailed inquiry 21-request “letter” (looking similar to a CID) to Sephora asking about how it markets these products to kids.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/connecticut-ag-investigates-skincare-products-marketed-to-kidsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Yesterday, President-elect Trump announced his picks to round out the Federal Trade Commission for his second administration. Trump tapped current Republican Commissioner Andrew Ferguson to be elevated to chair the agency, and nominated Mark R. Meador to fill the commissioner vacancy that will be left behind upon Chair Khan’s departure. As we previously discussed in a post here predicting what to expect pre- and post-inauguration at the FTC, Chair Khan is expected to announce her resignation prior to Trump’s inauguration on January 20. Even if she did not and made an unusual attempt to hold over into the Trump administration, the Republican-controlled Senate’s anticipated confirmation of Meador would moot the move. Current Democratic Commissioners Slaughter and Bedoya, as well as Republican Commissioner Holyoak, are also expected to remain on the Commission.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/trump-announces-ferguson-to-serve-as-ftc-chair-nominates-meador-for-open-commissioner-spotJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423www.kelleydrye.com/people/john-e-villafrancoDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellCaroline Schmitzcschmitz@kelleydrye.com(202) 342-8459https://www.kelleydrye.com/people/caroline-t-schmitzSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Texas Attorney General Ken Paxton, joined by ten other Republican-led states, filed a lawsuit in the U.S. Eastern District of Texas against BlackRock, State Street, and Vanguard, accusing them of illegally conspiring to manipulate coal markets. The 104-page complaint alleges that these investment firms leveraged their substantial ownership stakes in major U.S. coal producers to “artificially” constrain the supply of coal, resulting in diminished competition, higher energy prices for consumers, and “cartel-level profits” for the defendants.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-combat-esg-multistate-coalition-sues-blackrock-state-street-and-vanguard-for-alleged-antitrust-consumer-violations-in-coal-marketsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSalim Rashidsrashid@kelleydrye.com(202) 342-8473https://www.kelleydrye.com/people/salim-rashidHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Yesterday, the FTC announced a court order requiring GOAT – an online marketplace for sneakers, apparel, and accessories – to pay more than $2 million for violating the Mail Order Rule, which requires companies to have reasonable shipping practices. The FTC’s complaint also alleged that GOAT offered an “Assurance of Authenticity” and “Buyer Protection” for consumers that received deficient products but that the company did not put a system in place to honor its policies.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-delivers-2-million-reminder-about-the-mail-order-ruleGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last Thursday, the Consumer Financial Protection Bureau (CFPB) announced a Final Rule authorizing the agency to supervise and conduct examinations of certain non-bank providers of digital wallets and payment apps for consumers’ general use. The Final Rule, which takes effect 30 days after publication in the Federal Register, largely mirrors the agency’s earlier proposed rule, which we blogged about last year. Assuming it takes effect and is not overturned or cut back, the Final Rule will enable the CFPB to supervise companies in key areas such as privacy and information sharing, alleged banking errors and fraudulent and disputed transactions, and debanking or consumer loss of access to payment technologies or accounts.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-finalizes-rule-to-supervise-digital-wallets-and-mobile-payment-apps-ahead-of-transition-to-trump-administrationDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellAlex Schneideraschneider@kelleydrye.com(202) 342-8634www.kelleydrye.com/people/alexander-i-schneiderSalim Rashidsrashid@kelleydrye.com(202) 342-8473https://www.kelleydrye.com/people/salim-rashidHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
When an advertiser makes a comparison against a category of products, it must generally substantiate the claim against 85% of the products in that category. It’s common for advertisers to narrow down a category in order to narrow down their substantiation requirements. Although advertisers have some discretion in how they do that, a recent NAD decision suggests there are limits to that discretion.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-offers-guidance-on-comparisons-against-categoriesGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Led by Tennessee Attorney General Skrmetti, 32 attorneys general (AGs) sent a bipartisan letter (19 Republicans and 13 Democrats) to both houses of Congress this week, supporting the passage of the Kids Online Safety Act (KOSA). This comes after a bipartisan letter from 42 AGs to Congress in September concerning social media warning labels.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ags-arent-kidding-about-kosaPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunMeaghan Donahue mdonahue@kelleydrye.com(202) 945-6622https://www.kelleydrye.com/people/meaghan-m-donahueHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Last Friday, the FTC’s final Negative Option Rule was published in the Federal Register, starting the clock on the effective dates for the agency’s expansive overhaul of requirements related to goods or services sold through any negative option or automatic renewal plan, including free trials, subscriptions, and repeat delivery offers.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/with-uncertainty-surrounding-the-ftcs-negative-option-rule-new-california-requirements-wait-in-the-wingsDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKate Whitekwhite@kelleydrye.com(202) 342-8855www.kelleydrye.com/people/katherine-whiteBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On November 8, the California Privacy Protection Agency (CPPA) voted 5-0 to approve new regulations to implement the DELETE Act of 2023. The most noteworthy development was the agency’s adoption of a new definition of “direct relationship,” a core term within the statutory definition of a “data broker.” The new definition could require a host of new businesses to register as data brokers if they collect personal data about their customers from other sources and sell that data to third parties, including in an ad tech context.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-privacy-protection-agency-expands-the-definition-of-data-brokerAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikAaron Bursteinaburstein@kelleydrye.com(202) 342-8671www.kelleydrye.com/people/aaron-j-bursteinChris Tarbellctarbell@kelleydrye.com(202) 342-8813https://www.kelleydrye.com/people/christopher-s-tarbellAlex Schneideraschneider@kelleydrye.com(202) 342-8634www.kelleydrye.com/people/alexander-i-schneiderHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
In January, we reported that a judge in the Southern District of New York refused to dismiss a class action alleging that “carbon neutral” claims on bottles of Evian water were misleading. The judge determined that the term “carbon neutral” was “unfamiliar to and easily misunderstood” by reasonable consumers and that Danone Waters’ attempts to qualify the term with information on its website were insufficient. In a surprising turn of events, the Court reversed its position last week. Here are some highlights.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/sdny-reverses-its-position-on-carbon-neutral-lawsuitGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKatie Rogerskrogers@kelleydrye.com(202) 342-8455www.kelleydrye.com/people/katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we noted in a previous post, the FTC’s Rule on the Use of Consumer Reviews and Testimonials, which went into effect on October 21, 2024, addresses deceptive conduct involving consumer reviews and testimonials and authorizes courts to impose civil penalties for knowing violations. This month, FTC staff released an FAQ with answers to 74 questions about the rule. Here are some of the highlights that we think will be of most interest to our readers.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-staff-issues-faqs-on-the-fake-review-ruleGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Under many circumstances, state privacy laws require businesses to pass a consumer’s valid deletion request to any entity that processes the data on behalf of the business or otherwise is a recipient of the data. These so-called “flow-down” obligations can be challenging to unpack. Here’s a look at the flow-down obligations that may be applicable, depending on the circumstances.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-privacy-law-requirements-instructing-vendors-and-partners-to-fulfill-deletion-and-opt-out-privacy-rights-requestsDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603https://www.kelleydrye.com/people/alysa-z-hutnikLaura Riposo VanDrufflvandruff@kelleydrye.com(202) 342-8435https://www.kelleydrye.com/people/laura-riposo-vandruffAlex Schneideraschneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/people/alexander-i-schneiderMeaghan Donahuemdonahue@kelleydrye.com(202) 945-6622https://www.kelleydrye.com/people/meaghan-m-donahueSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
With the election decided, the speculation has begun. In our area of the law, that means a number of things, including what will happen at the FTC – with the current Commission and Chair Khan, with recently announced rules and those forthcoming, and with pending and future investigations, amongst other issues.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-to-expect-at-the-ftc-pre-and-post-inaugurationJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423https://www.kelleydrye.com/people/john-e-villafrancoDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On October 31, 2024, LA County Counsel filed a lawsuit against PepsiCo and Coca Cola on behalf of California in an attempt to hold the companies “accountable for their role in the plastic crisis that is overwhelming the County.” On the same day, a New York state judge dismissed a similar lawsuit that the NY Attorney General had filed against PepsiCo last year. We offer a high-level summary of key points below.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/one-state-files-a-lawsuit-alleging-plastic-recycling-deception-as-another-state-has-a-similar-suit-dismissedGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKatie Rogerskrogers@kelleydrye.com(202) 342-8455https://www.kelleydrye.com/people/katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last year, we wrote about the FTC’s proposal to massively expand the Negative Option Rule to cover any goods or services involving a negative option or automatic renewal plan, including free trials, subscriptions, and repeat delivery offers.www.kelleydrye.com/viewpoints/blog…delivery-offersDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellKate Whitekwhite@kelleydrye.com(202) 342-8855www.kelleydrye.com/people/katherine-whiteIoana Goreckiigorecki@kelleydrye.com(202) 342-8417www.kelleydrye.com/people/ioana-goreckiAndrea deLorimieradelorimier@kelleydrye.com(202) 945-6642www.kelleydrye.com/people/andrea-delorimierSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Unbeknownst to me (until yesterday), Fat Bear Week has been a big event for the past ten years. As far as I can tell, it’s like a reality show in which the contestants are bears, instead of humans. And unlike some human reality shows where the goal is to lose as much weight as possible, the goal here seems to be to gain as much weight as possible. As with other reality shows, there can be drama between contestants and – apparently because the bears really want to win – sometimes even violence.www.kelleydrye.com/viewpoints/blog…n-fat-bear-weekGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last year, the FTC updated its Endorsement Guides to impose more stringent requirements on how influencers must disclose their relationships to the companies whose products they promote. Although the FTC later sent letters to two trade associations and 12 influencers warning that their disclosures failed to comply with the new requirements, the agency has been fairly quiet in this area since then. NAD has been more active.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-recommends-more-prominent-disclosures-on-beauty-influencer-postsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
No, that is not a clock you hear – it’s just TikTok in the news again, as several states filed lawsuits or other legal challenges last week against the platform, alleging harmful and exploitative tactics affecting the mental health of children users.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tiktok-faces-new-challenges-from-state-agsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunNatascia Takenntaken@kelleydrye.com(312) 857-7097https://www.kelleydrye.com/people/natascia-m-takenHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
On Tuesday, the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule that requires many financial institutions, credit card issuers, and other financial service providers that facilitate payments (including mobile wallets and payment apps) to support new open banking standards and make account records accessible and portable. The CFPB uses the term “open banking” to refer to the ability of customers to share personal financial data between a network of entities.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-pushes-move-to-an-open-banking-system-with-the-personal-financial-data-rights-rule-and-sparks-immediate-court-challenges-from-industryDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellMatt Luzaddermluzadder@kelleydrye.com(312) 857-2623https://www.kelleydrye.com/people/matthew-c-luzadderAlex Schneideraschneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/people/alexander-i-schneiderLeah Plagge Rabkinlrabkin@kelleydrye.com(202) 342-8523www.kelleydrye.com/people/leah-plagge-rabkinHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Much has already been said and written about the FTC’s recent enforcement initiative, dubbed “Operation AI Comply.” The coordinated sweep announced last month involved five separate FTC enforcement actions against companies using or claiming to use AI tools to enhance consumer goods and services. For example, as part of the sweep, the FTC targeted a company called DoNotPay that claimed its “AI Lawyer” services could substitute for a human lawyer and “replace the $200-billion-dollar legal industry with artificial intelligence” – claims that we, as KDW attorneys, were glad to see were found not to be substantiated. The sweep also involved enforcement actions against three business opportunity providers that claimed their AI tools could help customers generate passive income via online storefronts.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/amidst-ai-crackdown-hype-ftc-stakes-out-aggressive-new-position-on-unfairness-and-means-and-instrumentalities-liabilityDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellKate Whitekwhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/people/katherine-whiteIoana Goreckiigorecki@kelleydrye.com(202) 342-8417www.kelleydrye.com/people/ioana-goreckiLeah Plagge Rabkinlrabkin@kelleydrye.com(202) 342-8523https://www.kelleydrye.com/people/leah-plagge-rabkinHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Combatting robocalls has been and continues to be an important area of enforcement for State Attorneys General, as we have previously reported. On October 18, 2024, the Anti-Robocall Multistate Litigation Task Force (Task Force), comprised of 51 bipartisan State AGs, released a notice letter outlining concerns that a Florida-based company was “transmitting suspected illegal robocall traffic on behalf of one or more of its customers” and cautioning that the company “should cease transmitting any illegal traffic immediately.” The letter, which was addressed to iDentidad Advertising Development LLC dba iDentidad Telecom (iDentidad), is illustrative of the collaboration not only among State AGs, but also with federal agencies and private industry, on the issue of robocalls.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-aim-spotlight-on-robocall-gateway-service-providerPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunJenny Wainwrightjwainwright@kelleydrye.com(202) 342-8649https://www.kelleydrye.com/people/jennifer-rodden-wainwrightHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Last week, the FTC, by a 3-2 vote along party lines, adopted its click-to-cancel rule, which purports to make it easier to cancel gym memberships, streaming services, and the like. [We wrote about it here.] The final rule will apply across the economy to any business that offers negative option plans (e.g., subscriptions) and would provide the Commission with the ability to obtain civil penalties from covered entities for any misrepresentation about the underlying product or service.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/why-dissenting-statements-by-ftc-commissioners-matterJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423https://www.kelleydrye.com/people/john-e-villafrancoKate Whitekwhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/people/katherine-whiteSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The Federal Communications Commission has announced that its new Telephone Consumer Protection Act rules related to “reasonable” revocation of consent will become effective on April 11, 2025.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-sets-effective-date-for-tcpa-reasonable-consent-revocation-rulesAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJenny Wainwrightjwainwright@kelleydrye.com(202) 342-8649https://www.kelleydrye.com/people/jennifer-rodden-wainwrightHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
As states across the country grapple with the impacts of Hurricane Helene and Hurricane Milton, state attorneys general are reminding businesses and constituents of price gouging laws that ban certain price increases during emergencies.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-attorneys-general-warn-of-price-gouging-enforcement-in-wake-of-recent-natural-disastersPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunAndrea deLorimieradelorimier@kelleydrye.com(202) 945-6642www.kelleydrye.com/people/andrea-delorimierHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
The California Privacy Protection Agency (CPPA) has signaled it will advance rulemaking at its upcoming November 8 board meeting to place restrictions on the use of automated decision-making technology (ADMT) and impose new obligations to require businesses to conduct cybersecurity audits and risk assessments. The agency has grappled with these issues for more than two years, including soliciting formal comments in a February 2023 invitation for preliminary comments and conducting other stakeholder outreach.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/the-california-privacy-protection-agency-advances-regulations-to-reign-in-ai-mandate-security-audits-and-risk-assessments-and-update-ccpa-obligationsAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603https://www.kelleydrye.com/people/alysa-z-hutnikAaron Bursteinaburstein@kelleydrye.com(202) 342-8671https://www.kelleydrye.com/people/aaron-j-bursteinAlex Schneideraschneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/people/alexander-i-schneiderHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Earlier this week, we described Texas’s new youth privacy law, the Securing Children Online Through Parental Empowerment (SCOPE) Act, and previewed that the Texas Attorney General is likely to use it to target social media platforms. And we were correct: yesterday, Texas sued TikTok under the SCOPE Act for allegedly “exploiting Texas children and failing to prioritize minors’ online safety and privacy.” The lawsuit is the first alleging violations of the SCOPE Act.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/texas-ag-sues-tiktok-in-first-lawsuit-brought-under-scope-actPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunAndrea deLorimieradelorimier@kelleydrye.com(202) 945-6642www.kelleydrye.com/people/andrea-delorimierHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Last week, a federal court in the District of Minnesota struck down Target’s motion to dismiss a class action complaint against the company for its “Target Clean” line of beauty products, because the Court said it could not declare as a matter of law that the Target Clean program is incapable of deceiving a reasonable consumer. As the court put it, “the reasonableness of Plaintiffs’ expectations remains up for strenuous debate.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/court-finds-target-clean-washing-complaint-will-move-forwardKatie Rogerskrogers@kelleydrye.com(202) 342-8455www.kelleydrye.com/people/katie-rogersGregory Bermangberman@kelleydrye.com(212) 808-7844https://www.kelleydrye.com/people/gregory-t-bermanHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Gordon Ramsay is a celebrity chef, perhaps best known for his fiery temper and the harsh criticism he levels at contestants on his cooking shows. If Ramsay judges that food isn’t cooked properly, that the texture is off, or that presentation is less than perfect, he is likely to yell at the offending chef and maybe even throw the food across the room. That can make for good TV, but does it make for a good commercial? Not when NAD is doing the judging.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-finds-ad-featuring-gordon-ramsay-too-harshGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, advertising and legal professionals, experts, regulators, and business representatives convened in New York for the annual National Advertising Division (NAD) Conference to consider hot topics, share perspectives on emerging issues, and discuss best practices for navigating a dynamic regulatory landscape. This year, trending topics included endorsements and reviews (especially in light of the FTC’s recently-issued rule on fake reviews), dark patterns, claim substantiation, artificial intelligence, and FTC enforcement priorities. Keynote speakers included FTC Commissioner Melissa Holyoak and the Director of the FTC’s Bureau of Consumer Protection, Samuel Levine, who addressed FTC positions and recent actions on a number of emerging issues in advertising law. In addition, John Villafranco led a conversation with BBB Executive Vice President Mary Engle addressing the impact of FTC guidance on NAD decisions.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/highlights-from-the-2024-national-advertising-division-conferenceDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellIoana Goreckiigorecki@kelleydrye.com(202) 342-8417www.kelleydrye.com/people/ioana-goreckiCristina Ferretticferretti@kelleydrye.com(212) 808-5057www.kelleydrye.com/people/cristina-ferrettiAndrea deLorimieradelorimier@kelleydrye.com(202) 945-6642www.kelleydrye.com/people/andrea-delorimierHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
As we previously discussed, the Class Action Fairness Act (CAFA) requires that notice be given to state attorneys general (State AGs or AGs) about proposed class action settlements, enabling them to review the terms and raise any concerns if they believe the settlement might negatively impact their state’s residents. This creates a crucial role for State AGs in the class action settlement approval process, and in relatively rare instances they may act by filing amicus briefs to share their concerns with the court.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-take-action-in-class-actionsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSalim Rashidsrashid@kelleydrye.com(202) 342-8473www.kelleydrye.com/people/salim-rashidSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we rapidly approach the November election, important legal and political questions are resurfacing at the FTC—with new criticism coming from both within the Commissioner ranks and from Congress. On Tuesday, September 17, Republican FTC Commissioner Melissa Holyoak questioned the agency’s aggressive rulemaking and enforcement positions in remarks at the National Advertising Division (NAD) conference in New York. And on Thursday, September 19, House representatives during an Energy and Commerce Committee hearing opined that the “the FTC’s departure from its traditional standards is affecting Americans in their daily lives.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-faces-renewed-criticism-both-from-within-and-from-congressIoana Goreckiigorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/people/ioana-goreckiAndrea deLorimieradelorimier@kelleydrye.com(202) 945-6642https://www.kelleydrye.com/people/andrea-delorimierHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Automatic renewals continue to be a big priority for state regulators. When companies work to develop strategies to comply with the growing patchwork of specific state laws in this area, they often start by looking at California, since that state has some of the most stringent requirements in the country. California has been a moving target, though, as it has imposed specific requirements in 2010, 2017, and 2021. That target will soon move again, after Governor Newsom signed a new law that will start adding more requirements next year.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-updates-its-automatic-renewal-law-againGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, the Environmental Working Group (“EWG”) filed a lawsuit against Tyson Foods in DC Superior Court under the DC Consumer Protection Procedures Act (“CPPA”), accusing the country’s second-largest meat company of falsely claiming it will be net-zero by 2050 and misrepresenting its industrial beef products as “climate-smart.” (The first-largest meat company is already facing a lawsuit over similar claims.) This comes just a few weeks after the DC Court of Appeals allowed a lawsuit against Coca-Cola under the CPPA over its forward-looking environmental claims to proceed.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tyson-faces-lawsuit-over-net-zero-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKatie Rogerskrogers@kelleydrye.com(202) 342-8455https://www.kelleydrye.com/people/katie-rogersHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
As the demand for GLP-1 drugs like Ozempic and Wegovy increases with consumers eager to shed pounds, the supplement industry is weighing in. Dietary supplement companies have been considering ways to address this new demand in the marketplace and advertise supplements with ingredients that have been shown to boost GLP-1 levels as alternatives to GLP-1 injections. Consumers now have a choice to make—take the shots or swallow the pills.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/taking-a-shot-at-glp-1-weight-lossJohn Villafrancojvillafranco@kelleydrye.com202) 342-8423https://www.kelleydrye.com/people/john-e-villafrancoCristina Ferretticferretti@kelleydrye.com(212) 808-5057https://www.kelleydrye.com/people/cristina-ferrettiNatascia Takenntaken@kelleydrye.com(312) 857-7097https://www.kelleydrye.com/people/natascia-m-takenSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
We have frequently written on AGs interest in AI. In what Texas calls the “first-of-its-kind healthcare generative AI” settlement, the state resolved its investigation into Pieces Technologies’ alleged misleading statements about accuracy of products deployed in major hospitals. Pieces claimed the product “summarizes, charts, and drafts clinical notes for your doctors and nurses…so they don’t have to.” The company further claimed accuracy of a <1 per 100,000 “severe hallucination rate,” a “phenomena of generative AI products creating an output that is incorrect or misleading.” Texas found this to be “likely inaccurate” and alleged these representations “may have violated the DTPA.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/the-eyes-of-texas-are-on-ai-generative-ai-settlement-reachedPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
42 state attorneys general joined forces in a bipartisan National Association of Attorneys General (NAAG) letter to Congress, backing the United States Surgeon General’s recent call for Congress to require a surgeon general’s warning label on social media platforms.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/attorneys-general-support-social-media-warning-labelsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSalim Rashidsrashid@kelleydrye.com(202) 342-8473https://www.kelleydrye.com/people/salim-rashidSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Yesterday, the Federal Trade Commission issued a staff report documenting its review of 70 publicly available income disclosure statements from a wide range of multi-level marketing (MLM) and direct selling companies highlighting the “common formats or methods that might affect the messages they convey to consumers.” https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-staff-report-on-mlm-income-disclosures-many-observations-lead-to-many-questionsJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423www.kelleydrye.com/people/john-e-villafrancoDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellCaroline Schmitzcschmitz@kelleydrye.com(202) 342-8459https://www.kelleydrye.com/people/caroline-t-schmitzSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On December 6, 2023, Google introduced its new Gemini AI model with a video that showcased some of its capabilities. The video demonstrated how Gemini could identify hand-drawn images, make sense of gestures, create games, make connections between objects, identify a sleight-of-hand trick, and perform other impressive tasks. Most people who watched the video were left in awe, but some that dug a little deeper felt that Google had performed a sleight-of-hand trick on them.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/google-unlists-gemini-video-after-nad-inquiryGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
In 2021, Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company’s campaign to promote its sustainability efforts and goals amounted to greenwashing. A year later, the DC Superior Court dismissed the case holding, in part, that because statements about aspirational goals cannot be proven true or false, they cannot create a valid claim under the DC Consumer Protection Procedures Act (or “CPPA”). Last week, in a decision that could have broad implications for aspirational green claims, the DC Court of Appeals reversed the DC Superior Court’s dismissal of the complaint.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/dc-court-of-appeals-revives-greenwashing-suit-over-aspirational-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKatie Rogerskrogers@kelleydrye.com(202) 342-8455www.kelleydrye.com/people/katherine-katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Junk fees have made, and continue to make, state attorney general headlines with recent actions by Maryland and Rhode Island relating to consumer transportation. The rubber met the road when Maryland Attorney General Anthony Brown brought charges against a car dealership and its owners, and Rhode Island Attorney General Peter Neronha filed a lawsuit against a parking management company.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-and-junk-fees-where-the-rubber-meets-the-roadPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
LegalZoom makes various #1 claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is “voted #1 by small businesses.” ZenBusiness challenged these claims in the same case we wrote about yesterday. In some industries, companies can look to empirical third-party data (such as sales data) to support these types of claims. When that doesn’t exist, companies are left to find their own support. NAD’s decision show how tricky that can be.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-considers-1-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
LegalZoom has a box on its website with the title “As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate relationship with some of those publications, it needs to disclose its connections to them in order to comply with the FTC’s Endorsement Guides. LegalZoom argued that mere press mentions don’t qualify as endorsements and, therefore, that a disclosure isn’t required.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-considers-as-seen-in-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Yesterday, the Federal Trade Commission announced its final rule addressing consumer reviews and testimonials. With this rule, the Commission takes aim at “fake” reviews and testimonials by prohibiting their sale or purchase and allows the agency to seek civil penalties against “knowing” violators.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-finalizes-rule-on-fake-reviewsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellIoana Goreckiigorecki@kelleydrye.com(202) 342-8417www.kelleydrye.com/Our-People/Ioana-GoreckiCaroline Schmitzcschmitz@kelleydrye.com(202) 342-8459https://www.kelleydrye.com/people/caroline-t-schmitzSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On August 7, 2024, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking and Notice of Inquiry related to the use of artificial intelligence in outbound calls and texts. Among the proposed rules are a definition of an “AI-generated call” and disclosure requirements for placing such calls. This item is the latest in a series of actions taken by the FCC this year under its authority to implement the Telephone Consumer Protection Act (TCPA) and demonstrates the agency’s continued focus on what it says is the “top category of consumer complaints that [it] receive[s].” Initial comments on the proposed rules will be due 30 days after the item is published in the Federal Register, and reply comments will be due 15 days thereafter.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-proposes-new-tcpa-rules-for-ai-calls-and-textsAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJennifer Rodden Wainwrightjwainwright@kelleydrye.com(202) 342-8649www.kelleydrye.com/people/jennifer…dden-wainwrightSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
If you’ve watched the news recently, it’s fairly safe to predict that two things happened. First, you probably watched an announcer recount disturbing news about the current political climate. Second, following that segment, you probably watched a celebrity recount the benefits of using CarShield. (If your experience is different than mine, please let me know, so that I can change my viewing habits.) Although both of those things may continue to happen for a while, you may soon see some changes to the CarShield commercials.www.kelleydrye.com/viewpoints/blog…on-endorsementsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
In June, we summarized a number of new and pending laws specifically designed to regulate how companies display prices and fees. Although it’s important for companies to focus on those, we also noted that even in states without specific laws on point, enforcers could still rely on laws that more generally outlaw deceptive and unfair acts and practices to challenge how companies display their prices. A new lawsuit filed this week by the DC Attorney General against StubHub provides yet another perfect example.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/from-grubhub-to-stubhub-dc-sues-stubhub-for-deceptive-pricing-and-junk-feesGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
“Up to” claims can be difficult to substantiate, in part, because the standard for substantiating those claims isn’t always clear. Over the years, the FTC, NAD, and courts have articulated different standards that are hard to reconcile with each other. For example, last month, we posted about a decision in which a three-judge panel with the Ninth Circuit determined that an “up to” claim reflected the “upper limit” of what consumers could expect and rejected the plaintiff’s assertions that consumers should “always” expect that. This month, the FTC announced a settlement that takes a different view.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-settlement-illustrates-challenges-with-up-to-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired those videos on his late night show. Santos later sued Kimmel, accusing him of copyright infringement, and the two are battling that out in court. But today, it’s Cameo that finds itself in a legal battle.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cameo-settles-with-30-ags-over-endorsement-issuesGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
The FTC is focused on ensuring that consumers have options when it comes to repairing products. Two years ago, we summarized an FTC workshop, report, Policy Statement, and three settlements on this issue. Last week, the FTC announced that they had sent warning letters to eight companies, raising concerns about whether their warranty practices were unlawfully hindering consumers’ right to repair their products.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-sends-warning-letters-over-warranty-practicesGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
In 2015, plaintiffs filed a lawsuit against Ashley Madison, alleging that the company had surreptitiously employed an “army of fembots” to lure unsuspecting men into cheating on their spouses. (You can read our coverage of that case and related warnings here.) Not satisfied with having broken up countless homes, the bots are back, and this time they’re trying to lure people away from their money. At least that’s what Skillz Platform alleges in a false advertising lawsuit against its competitor, Papaya Gaming.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/bots-and-false-advertisingGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
On July 23, 2024, the Federal Trade Commission (FTC) announced that it had voted unanimously to initiate a new study focused on how companies may be leveraging consumer purchasing behaviors to personalize pricing for consumers. Using its authority under 6(b) of the FTC Act, which empowers the FTC to study specific industries or business practices, the Commission issued orders to eight companies that it believes offer products that use technology and personal information to enable businesses to set personalized prices for a product or service. The FTC’s press release refers to this conduct as “surveillance pricing,” and says the study will “shed light on the shadowy ecosystem of pricing middlemen.” Commissioners Holyoak and Ferguson, in their concurring statements, suggested that they would have preferred the Commission use a more neutral term to describe the practices being studied, but support the 6(b) effort.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-to-study-surveillance-pricingKate Whitekwhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/people/katherine-whiteAlex Schneideraschneider@kelleydrye.com(202) 342-8634www.kelleydrye.com/people/alexander-i-schneiderSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Two men – we’ll call them Mario and Alin – purchased Blue Ice Vodka based, in part, on social media posts in which various influencers suggested that the vodka was a “healthy product” that can help with personal fitness and weight management. “After conducting some research,” both men discovered that Blue Ice Vodka “does not have any health benefits.” They also discovered that the influencers were paid to promote the vodka.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/court-considers-vodka-influencers-postsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Last week, the FTC released an updated version of its Complying with the Made in USA Standard business guide. The heart of the guidance remains the same: if you expressly or implicitly state that a product is Made in the USA without any qualification, the product must be “all or virtually all” made in the USA.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-updates-made-in-the-usa-guidanceGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Last week, a coalition of 22 state AGs filed an amicus brief in support of a Federal Trade Commission (FTC) cease-and-desist order that prohibits tax software giant Intuit (the creator of TurboTax) from certain advertising practices relating to its free tax preparation software. Intuit asserts that the FTC’s decision is not supported by substantial evidence because its conduct was not deceptive. Further, Intuit argues that the FTC made legal errors in applying deceptive business practices standards. For example, Intuit asserts that the FTC improperly applied an unprecedented, heightened deception standard to advertisements containing a “free” message. In addition, since Intuit reached a prior multistate settlement, Intuit argues that the FTC Order should be overturned. In 2022, a coalition of 50 states and the District of Columbia secured $141 million from Intuit as part of a settlement that resolved state investigations into claims that Intuit deceptively marketed and advertised TurboTax.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-support-ftc-enforcement-action-against-intuitPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we previously reported, the California AG’s office recently provided clarification through FAQs on the California “hidden fee” law that amended the Consumer Legal Remedies Act, SB 478. Those FAQs articulated the position that restaurants must include all mandatory fees, including service charges and mandatory gratuity, as part of the displayed price for a product, while distinguishing delivery fees on the grounds that those fees are for a separate service.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-junk-fee-statute-now-fully-in-play-with-new-twist-from-last-minute-legislationDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645https://www.kelleydrye.com/people/donnelly-l-mcdowellBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
On July 29, 2024, the FTC’s revised Health Breach Notification Rule (HBNR) takes effect. The Rule requires vendors of personal health records (PHRs) and related entities not covered by HIPAA to notify individuals, the FTC, and in some cases, the media in the event of a breach of unsecured personal health data. Businesses operating a wide array of services, including health, diet, and fitness apps should take care to review the revised HBNR and assess its applicability to their practices.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-updates-to-the-health-breach-notification-rule-mean-for-your-businessAaron Bursteinaburstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/people/aaron-j-bursteinAlex Schneideraschneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/people/alexander-i-schneiderSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
We often get questions from clients about whether they can use content they find on social media. In response, we’ll usually walk them through options to get consent, which can range from relatively informal options (such as getting consent through messages on the social media platform) to the more formal options (such as getting a signed release). Although there are different ways to approach this issue, a recent lawsuit in California illustrates some of the challenges.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-decision-addresses-consent-to-use-photos-on-social-mediaGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monMike Zinnamzinna@kelleydrye.com(973) 503-5964https://www.kelleydrye.com/people/michael-j-zinnaHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
The Attorney General Alliance (AGA) hosted its 2024 Annual Meeting this June, bringing together State AGs, staff, and industry for discussions on a number of topics important to AGs, including AI (again), nonpartisan cooperation, partnering with criminal law enforcement including in the fight against fentanyl, supporting small businesses and free enterprise, and protecting America’s youth. We provide some highlights below.Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
In a big week for administrative law watchers, the Supreme Court issued a pair of 6-3 decisions paring back the powers of administrative agencies. In Loper Bright Enterprises v. Raimondo, the Court overruled Chevron U.S.A. v. Natural Resources Defense Council, Inc., and in Jarkesy v. S.E.C. it held that the Seventh Amendment prohibits agencies from seeking civil penalties for suits resembling actions at common law before administrative tribunals. Taken together, these cases demonstrate the Court’s focus on separation of powers. Below, we consider their potential impact on the Federal Trade Commission.Kate Whitekwhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/people/katherine-whiteHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
In a bold move, Arkansas Attorney General Tim Griffin has filed a lawsuit against Temu's parent companies, labeling the popular online platform as a "data-theft business" rather than a mere e-commerce marketplace. Griffin's lawsuit accuses Temu, known for its extensive app downloads and millions of shipments, of egregious privacy violations.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/arkansas-ag-files-suit-labels-temu-a-data-theft-businessPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
SC Johnson's recent NAD action against Native sheds light on the scrutiny terms like "simple" and "clean" face. SC Johnson questioned whether Native's "simple" ingredients truly lived up to the claim, highlighting the importance of clear messaging and substantiation.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-shows-simple-claims-can-be-complicatedGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Businesses that rely on texting and calling to promote their products and services face an onslaught of new and significant legal and regulatory developments. To help with tracking these developments all in one place, below we summarize key telemarketing law developments and corresponding timelines to keep in mind:https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/telemarketing-in-2024-a-mid-year-reviewAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJennifer Rodden Wainwrightjwainwright@kelleydrye.com(202) 342-8649https://www.kelleydrye.com/people/jennifer-rodden-wainwrightHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Energizer sparked controversy with its claim that AA MAX batteries are "up to 50% longer lasting than basic alkaline in demanding devices." This assertion led two Californians to purchase the batteries and subsequently file a lawsuit against Energizer. They alleged that the batteries failed to outlast competitors by 50%, including Duracell Coppertop batteries.Central to the case was how reasonable consumers interpret such claims.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ninth-circuit-considers-the-meaning-of-an-up-to-claimGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monHosted by Simone RoachSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLaw
Join us as we delve into the unexpected world of sponsorship agreements through the lens of competitive eating. Joey Chestnut, revered in the competitive eating community for his record-breaking feats, found himself sidelined from this year’s Nathan’s Famous Hot Dog Eating Contest. The controversy? A reported sponsorship deal with Impossible Foods, stirring debate akin to sports stars switching allegiances between rival brands.This episode explores the implications of Chestnut’s situation. Major League Eating (MLE) contends that existing exclusivity provisions should prevent such partnerships, drawing parallels to iconic athletes and their brand affiliations. Meanwhile, Chestnut maintains there’s no binding agreement restricting his choices.Discover how this case spotlights the nuances of exclusivity clauses in sponsorship contracts across diverse industries. Whether you’re aiming to secure sponsorships or navigate the complexities of contractual obligations, our discussion provides valuable insights.For more details, visit the article by Gonzalo Mon here https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/lessons-on-sponsorship-agreements-from-an-unusual-place and subscribe to our Ad Law Access blog for expert analysis on legal issues in advertising and sponsorships.Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
For the past several years, state AGs have been “checked-in” when it comes to hidden hotel and resort fees. To date, these enforcers have largely relied on their standard unfair and deceptive trade practice authority under state consumer protection laws to combat practices like so-called drip-pricing or “hidden” fees. But now, some states may soon have new tools to combat potential unfair and deceptive practices throughout a variety of industries. With the legislative season coming to a close, we have your rundown of the spread of “hidden fees” regulation including California and beyond. So, if a vacation from hidden resort fees is all you ever wanted – and a trip to see Carhenge or the Alamo (attractions in states where attorneys general have been active in enforcement) has already been checked off your bucket list – listen to find out the ideal places to get away.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/junk-fee-legislative-roundupPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunShea O'Mearasomeara@kelleydrye.com(212) 808-5042Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Consumer protection enforcers may be on the lookout for misleading hotel and resort rates and fees this summer travel season. This includes state attorneys general (AGs), who have announced multiple lawsuits and settlements regarding “hidden resort fees” in recent years.The new blog post, Resort to “Hidden Fees” and You May End Up with a Heartbreak Hotel, covers what major actions AGs have taken to date, what acts did the States find problematic, and what do these settlement agreements require.https://lnkd.in/ecHZnR5ZPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeSubscribe to the AG Chronicles Newsletter - https://www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Reckitt Benckiser advertises that its Finish Powerball Ultimate Dishwasher Tablets provide the “ultimate clean,” even in the “toughest conditions,” and even when you “skip the rinse.” In my house, the pre-rinse cycle runs flawlessly on dual-canine technology, but if you don’t have that technology, I can see how these claims may catch your attention. They also caught Procter & Gamble’s attention, and the company filed an NAD challenge focused on the “ultimate clean” claim.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-considers-the-meaning-of-ultimate-claimsGonzalo E. Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach#NAD #claims
Glad advertises that its ForceFlex MaxStrength bags are “25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A competitor – presumably worried that consumers would think that Glad was making a comparison to its bags – brought a challenge before the NAD, questioning whether the basis of comparison was sufficiently clear. NAD didn’t think that was clear, either on the website or on packages. (See our summary https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-finds-disclosures-for-comparative-claims-arent-clear.) Glad appealed the decision with respect to the packages.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/narb-disagrees-with-nad-on-package-disclosuresGonzalo E. Mongmon@kelleydrye.com(202) 342-8576https://www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach#NARB #NAD #disclosures
The Biden Administration published a joint policy statement and set of principles for participating in the voluntary carbon markets (“VCMs”) on Tuesday.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/biden-administration-weighs-in-on-the-need-for-and-appropriate-use-of-carbon-creditsKatie Rogerskrogers@kelleydrye.com(202) 342-8455www.kelleydrye.com/people/katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Cannabinoids have been a popular topic of conversation for regulators as the cannabis landscape continues to evolve. Since the days of the tobacco Master Settlement Agreement and related investigations, Attorneys General (AGs) have long focused on protecting minors from health effects of both legal and illegal drugs (see, e.g., here and here). AGs are continuing to use their consumer protection powers in unique ways to protect against alleged misrepresentations relating to THC containing products.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/budding-enforcement-on-synthetic-cannabinoidsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunNatascia Takenntaken@kelleydrye.com(312) 857-7097https://www.kelleydrye.com/people/natascia-m-takenSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The Children’s Advertising Review Unit (or “CARU”) recently launched an investigation into the “Vlad and Niki” YouTube channel owned by CMG. The channel is described as a “global preschool phenomenon and highest rated kids channel on YouTube” that stars “the imaginative personalities and antics” of two kids “who are showcased in non-stop fun and crazy adventures.” Change a few nouns and that sentence could describe Ad Law Access. One difference, though, is that we don’t feature sponsored content.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/caru-reviews-disclosures-in-sponsored-content-directed-to-kidsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, State Attorneys General (AGs) and staff convened to discuss the hot topics in consumer protection in private and public sessions during the NAAG Consumer Protection Spring Conference. The Executive Director of NAAG, Brian Kane, started off the day with a theme that would echo throughout the panels – that businesses should be mindful that their industry may be defined by “the least of” the actors in the space. We provide some of the most relevant insights from the public sessions.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/consumer-enforcement-overview-2024-naag-consumer-protection-spring-conferencePaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash, composting, recycling and that they are more “sustainable” than competing bags that are resistant to biodegradation. A competitor filed an NAD challenge arguing that HoldOn overstates the benefits of its bags. The decision covers a lot of ground, but here are some highlights.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-reviews-green-claims-for-trash-bagsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKatie Rogerskrogers@kelleydrye.com(202) 342-8455https://www.kelleydrye.com/people/katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns out, it’s pretty clear you shouldn’t use a celebrity’s image in an ad without written consent. But what about cases that are less clear, such as a person in the background of a photo that your company posts on its social media account? A recent NY appeals court decision touches on this issue.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ny-case-addresses-publicity-rights-for-people-in-the-background-of-social-media-photosGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
“Everyone dies.” This was the first line in the California Attorney General’s 2021 complaint against the nation’s largest funeral service provider, Service Corporation International (“SCI”). Earlier this month, Attorney General Rob Bonta announced a proposed settlement with SCI, based in Texas and doing business as the Neptune Society and the Trident Society. California alleged that SCI violated the Unfair Competition Law and False Advertising Law by engaging in false advertising in its marketing and sale of pre-need cremation packages.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-ag-says-funeral-service-provider-made-a-killing-at-consumers-expensePaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunNatascia Takenntaken@kelleydrye.com(312) 857-7097https://www.kelleydrye.com/people/natascia-m-takenSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
General Kris Mayes recently filed two new lawsuits against Amazon.The first accuses Amazon of using “dark patterns,” or digital design tricks, that make it difficult for consumers to cancel their Prime subscriptions. According to the lawsuit, Amazon used misleading graphics and wording and emphasized the benefits of Prime before allowing consumers to cancel their subscriptions to the service, among other hurdles designed to exploit cognitive biases and influence a user’s choices.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/arizona-turns-up-the-heat-in-amazons-legal-battlesPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunShea O'Mearasomeara@kelleydrye.com(212) 808-5042www.kelleydrye.com/people/shea-omearaSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Yesterday, the CFPB released a report on rewards programs that traces the rise of such programs and warns that it views certain practices as unfair, deceptive, or abusive acts and practices ripe for investigation and enforcement. While the report addresses credit card rewards programs specifically, there are important takeaways for co-branded partners and any company offering a loyalty or rewards program to mitigate risk of enforcement and litigation.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-report-and-hearing-with-dot-highlight-risks-with-rewards-programsDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment of the disease and its symptoms. As part of his advocacy, Wilkins entered into an endorsement agreement with Genesis Performance Group to promote PeptideVite, a supplement that helps with the side effects of diabetes medication.www.kelleydrye.com/viewpoints/blog…ed-use-of-imageGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
This week, the California AG’s office released a set of FAQs on California’s law addressing hidden fees. As a reminder, the law states that the following practices will be unlawful under the Consumer Legal Remedies Act (“CLRA”) starting on July 1, 2024.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-issues-faqs-on-hidden-fee-lawGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
In a long-awaited decision with profound implications for the future of the agency, the Supreme Court held 7-2 today that the Consumer Financial Protection Bureau (CFPB) is constitutionally funded. CFPB officials can breathe a sigh of relief as a contrary decision would have called into question many longstanding enforcement, investigative, and regulatory efforts. With the Court’s decision today, more than a dozen pending CFPB cases that had been paused pending the decision will now move forward.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/supreme-court-upholds-cfpb-funding-mechanism-as-constitutional-quelling-uncertainty-and-reinvigorating-the-cfpbs-docketDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellNatascia Takenntaken@kelleydrye.com(312) 857-7097https://www.kelleydrye.com/people/natascia-m-takenSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment of the disease and its symptoms. As part of his advocacy, Wilkins entered into an endorsement agreement with Genesis Performance Group to promote PeptideVite, a supplement that helps with the side effects of diabetes medication.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nba-hall-of-fame-player-sues-over-unauthorized-use-of-imageGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level marketing (MLM) industry. The new Guidance updates guidance from January 2018 (that we covered here) and lays out several principles and issues that Staff intend to consider in evaluating whether MLMs constitute illegal pyramid schemes and/or are otherwise engaged in unfair or deceptive acts or practices, including through misleading earnings and lifestyle claims and potential agency liability.www.kelleydrye.com/viewpoints/blog…nt-less-clarityDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423www.kelleydrye.com/people/john-e-villafrancoRobert Wardrward@kelleydrye.com(973) 503 5978www.kelleydrye.com/people/robert-n-wardSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On April 19th, Sen. Bernie Sanders (I-Vt.), Sen. Cory Booker (D-N.J.), and Sen. Peter Welch (D-Vt.) introduced The Childhood Diabetes Reduction Act (the “Act”). In a press release that positions the Act as having the same urgency as Congress’s efforts to take on the tobacco industry 30 years ago, the sponsors’ stated aim is to combat growing trends in childhood diabetes and obesity.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/proposed-federal-legislation-would-require-warning-labels-and-advertising-prohibitions-on-junk-foodsKristi Wolffkwolff@kelleydrye.com(202) 342-8805www.kelleydrye.com/Our-People/Kristi-L-WolffSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Glad advertises that its ForceFlex MaxStrength bags are “25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A competitor – presumably worried that consumers would think that Glad was making a comparison to its bags – brought a challenge before the NAD, questioning whether the basis of comparison was sufficiently clear. NAD didn’t think so.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-finds-disclosures-for-comparative-claims-arent-clearGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys, with thousands of lawsuits filed every year. Part of the problem is the lack of clear guidance from the government in this area, given that neither the Americans with Disabilities Act nor related state laws specifically address website accessibility or what (if anything) companies need to do when they code their websites.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/doj-issues-website-and-app-accessibility-requirements-for-state-and-local-governmentsGeoffrey Castellogcastello@kelleydrye.com(973) 503-5922https://www.kelleydrye.com/people/geoffrey-w-castelloGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monGregory Bermangberman@kelleydrye.com(212) 808-7844https://www.kelleydrye.com/people/gregory-t-bermanSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Doing good just got a little more complicated for companies that run charitable campaigns in California.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-publishes-new-regulations-governing-charitable-campaignsChristie Grymes Thompsoncgthompson@kelleydrye.com(202) 342-8633https://www.kelleydrye.com/people/christie-grymes-thompsonGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKatrina Hatahetkhatahet@kelleydrye.com(202) 342-8553https://www.kelleydrye.com/people/katrina-hatahetSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The Princeton Review advertises its MCAT preparation courses with the following copy: “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.” Blueprint Test Preparation filed a challenge before the NAD arguing that The Princeton Review must be able to substantiate that its students will score 515+ or add 15 points. The Princeton Review argued that it wasn’t making a performance claim – it was simply offering a money-back guarantee.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-determines-a-money-back-guarantee-conveys-performance-claimGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
What trends are shaping consumer protection in 2024?From kids on social media to fake reviews and junk fees, state AGs are working across state (and partisan) lines on initiatives that promise to mold the consumer protection landscape for years to come. In this post, we reflect on our conversation with Todd Leatherman, who works at the forefront of these issues as Director of the National Association of Attorneys General (NAAG) Center for Consumer Protection.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-we-learned-from-naags-director-of-the-center-for-consumer-protectionPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunShea O'Mearasomeara@kelleydrye.com(212) 808-5042https://www.kelleydrye.com/people/shea-omearaSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth Circuit – have held that disclosures on the back of a package can help to qualify a claim on the front, as long as that claim is ambiguous, as opposed to false. NAD, on the other hand, tends to think those disclosures are too far-removed to be effective.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/courts-and-nad-come-to-different-conclusions-on-package-disclosuresGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423https://www.kelleydrye.com/people/john-e-villafrancoSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Two consumers walked into supermarkets on a mission to find “nutritious, healthy snacks” that “would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit Bowls in Juice, Canned Fruit in Juice, Canned Fruit in Heavy Syrup, Canned Fruit in Light Syrup, and Canned Fruit Juice. Perhaps those wouldn’t be your first choices, given that mission statement, but the consumers were swayed, in part, by Dole’s “promise to provide everyone, everywhere with good nutrition.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/court-finds-that-sunshine-reveals-pufferyGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism. I Dig Texas claimed that its products are “American Made” while its competitor’s products are “110% Made in China.” Creager Services didn’t dig those claims and filed a lawsuit alleging, among other things, that the “American Made” claims were literally false. (It missed an opportunity to argue that a product can’t be “110%” made in any location.)https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/10th-circuit-decision-at-odds-with-ftc-over-american-made-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week in South Carolina, AGs, staff, and members of the community gathered for the AI and Preventing Child Exploitation Seminar, presented jointly by the Attorney General Alliance (AGA) and the National Association of Attorneys General (NAAG). Sessions focused on robocalls, online platforms, youth digital wellness and mental health, and the potential benefits of AI.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ags-protect-children-from-ai-and-chainsawsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
April 16, 2024Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin. See the picture below. I tend to go for a more natural look myself, so I can’t imagine how long it takes to apply that makeup or how long it takes to remove it, but I bet the numbers are high on both sides of the project. Luckily, Fenty Skin makes a product that makes the removal phase a little easier.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-recommends-more-prominent-disclosures-on-influencer-postsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The governor of Maine recently signed an amendment to the state’s telephone solicitation law that will make it mandatory for telephone solicitors to check against the Federal Communications Commission’s (FCC’s) reassigned number database “to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.” Callers will also be required to demonstrate that they check against the database in order to avail themselves of the state’s existing safe harbor for telemarketing violations. The amendment, which will become effective on July 16, 2024, makes Maine the first state to adopt such a requirement.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/maine-to-require-telemarketers-to-check-reassigned-number-databaseAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJennifer Rodden Wainwrightjwainwright@kelleydrye.com(202) 342-8649www.kelleydrye.com/people/jennifer…dden-wainwrightSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Breaded fish fillets were the latest target of an ESG class action lawsuit examining sustainable certifications, traceability claims, and broad environmental benefit claims for ConAgra’s fish fillets and similar seafood products. The Northern District of Illinois decided on a motion to dismiss that although “certified sustainable seafood” claims may be permissible in this case, general “good for the environment” claims require further review and so the Court partially denied ConAgra’s motion to dismiss.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/federal-court-unpacks-challenge-to-fishy-environmental-claimsKatie Rogerskrogers@kelleydrye.com(202) 342-8455https://www.kelleydrye.com/people/katie-rogersGregory Bermangberman@kelleydrye.com(212) 808-7844https://www.kelleydrye.com/people/gregory-t-bermanSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, state attorneys general (AGs) gathered to discuss Nevada Attorney General and Attorney General Alliance Chair Aaron Ford’s Initiative, focusing on consumer protection education. Attendees heard from many panels discussing topics ranging from consumer financial literacy, digital literacy, and cybersecurity, to the continued hot topic of AI. We are highlighting the fireside chat between AG Ford and CFPB Director Rohit Chopra, as they discussed a variety of important topics and collaboration with State AGs.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/attorney-general-alliance-meeting-recap-focus-on-director-chopras-remarksPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On October 25, 2023, New York enacted GBL 391-oo, which bans the sale of over-the-counter diet pills and dietary supplements intended for weight loss and muscle building to individuals under the age of 18. Covered products include diet pills and dietary supplements that are “labeled, marketed or otherwise represented for the purpose of achieving weight loss or muscle building.” The law requires retailers, both physical stores and online vendors, to verify the age of individuals prior to sale or at the point of delivery. At present, the law is set to take effect on April 22, 2024.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-york-weight-loss-supplement-law-has-stakeholders-scrambling-but-faces-legal-challengesKristi Wolffkwolff@kelleydrye.com(202) 342-8805https://www.kelleydrye.com/people/kristi-l-wolffSalim Rashidsrashid@kelleydrye.com(202) 342-8473https://www.kelleydrye.com/people/salim-rashidSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Does Hyaluronic Acid Help to Fight Signs of Aging? At Ad Law Access, we are known just as much for the naturally youthful appearance of our writers as we are known for the quality of our content, so we don’t have any personal experience in this area. But this very question prompted a new NAD decision that involves a number of areas where we do have relevant experience.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-addresses-expert-recommendationsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The beginning of 2024 has brought with it a decided regulatory focus on telemarketing. In the past couple of months, we’ve written about several important FCC actions related to the Telephone Consumer Protection Act (TCPA), namely the adoption of a one-to-one consent requirement, a ruling that calls to consumers using AI technologies are considered “artificial or prerecorded” messages subject to regulation under the TCPA, and rule changes intended to expand consumers’ ability to revoke consent to receive calls and texts.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tsr-updated-to-expand-recordkeeping-obligations-cover-b2b-telemarketing-representations-may-expand-to-inbound-tech-support-service-callsAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikIoana Gorekiigorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/people/ioana-goreckiJennifer Rodden Wainwrightjwainwright@kelleydrye.com(202) 342-8649www.kelleydrye.com/people/jennifer…dden-wainwrightSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word “clean” to describe their products. One day later, a New York federal court issued a decision in another case involving the same word. Luckily, the court’s analysis is generally consistent with NAD’s analysis and bolsters the tips we outlined last week.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/court-holds-reasonable-consumers-wont-be-misled-by-sephoras-clean-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKristi Wolff kwolff@kelleydrye.com(202) 342-8805https://www.kelleydrye.com/people/kristi-l-wolffSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these include Washington’s My Health My Data (MHMD) Act, a similar law in Nevada, “sensitive data” and “sensitive personal information” requirements under comprehensive state privacy laws, and FTC enforcement actions and guidance that assert that a broad range of health data is sensitive. How a company responds to these developments is likely to be iterative given the lack of clarity or harmonization with these requirements, and substantial resources required to implement changes.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/health-data-privacy-what-were-hearingAaron Bursteinaburstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/people/aaron-j-bursteinAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603https://www.kelleydrye.com/people/alysa-z-hutnikLaura VanDrufflvandruff@kelleydrye.com(202) 342-8435https://www.kelleydrye.com/people/laura-riposo-vandruffChris Tarbellctarbell@kelleydrye.com(202) 342-8813https://www.kelleydrye.com/people/christopher-s-tarbellSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Over the past two years, we have seen FTC staff express its opinions on the state of the law in multiple ways. In December 2022, for example, staff issued its Health Products Compliance Guidance, intended to supersede the FTC’s 1998 guidance, “Dietary Supplements: An Advertising Guide for Industry,” as we covered here. We also have seen a slew of proposed guides and rules on endorsements and testimonials, junk fees, earnings claims, negative option and automatic renewal plans, and environmental marketing, among many others – all intended to explain FTC staff’s view of the law as it currently sees it.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-staff-doubles-down-on-rejected-koscot-standard-for-pyramiding-claims-challenges-dssrc-ids-guidanceJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423https://www.kelleydrye.com/people/john-e-villafrancoDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645https://www.kelleydrye.com/people/donnelly-l-mcdowellIoana Goreckiigorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/people/ioana-goreckiSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we have previously reported, state attorneys general (AGs) have great interest in artificial intelligence (AI) and we do not see this stopping anytime soon. This time, our focus is on a bipartisan legislative proposal from Washington Attorney General Bob Ferguson to create an AI task force, which the Washington State Legislature passed (Senate Bill 5838) and now awaits the governor’s signature.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/washington-state-poised-to-launch-artificial-intelligence-task-forcePaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunAli Albazzazaalbazzaz@kelleydrye.com(312) 857-2619https://www.kelleydrye.com/people/ali-albazzazSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Smile Prep operates a website that provides reviews of clear aligners (or “invisible braces”) based on an “extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some of the companies it reviews, Smile Direct Club (or “SDC”) filed an NAD challenge suggesting that the company “slants its rankings and reviews to favor those companies that make payments to it at the relative expense of those companies that don’t.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/company-complies-with-narb-decision-on-review-disclosures-after-ftc-intervenesGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, NAD announced a decision involving a challenge that a competitor brought against Wonderbelly involving (among other things) an influencer campaign.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-addresses-influencer-disclosuresGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
In a recent decision, NAD notes that “clean” claims are “ubiquitous in the beauty industry.” Despite that, the term doesn’t have a clear definition and reasonable minds can disagree over exactly what it means. That creates a challenge for advertisers who are generally required to be able to substantiate all reasonable interpretations of their claims. Although NAD doesn’t take a position on what “clean” should mean, the decision provides some helpful guidance for advertisers who want to use the term.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-provides-guidance-on-clean-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last year, a trade association challenged aspirational claims that JBS – the world’s largest producer of beef products – was making about its commitment “to be net zero by 2040.” NAD determined that although the company had taken steps that may be helpful towards achieving its goal, those steps weren’t enough to support the implied claim that JBS was currently implementing a plan that would achieve that goal. On appeal, NARB agreed with NAD’s decision.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ny-attorney-general-sues-jbs-over-greenwashingPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
After nearly a year without a Republican Commissioner after Christine Wilson’s resignation, the FTC will again have a full slate of five Commissioners – with two new Republican Commissioners in Melissa Holyoak and Andrew Ferguson confirmed last night. Shortly before the President’s State of the Union address, the Senate voted unanimously via voice vote to confirm Holyoak and Ferguson along with reconfirming current Democratic Commissioner Becca Slaughter to a new term.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/senate-confirms-new-ftc-commissioners-holyoak-and-ferguson-reconfirms-slaughterDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellMaggie Crosswymcrosswy@kelleydrye.com(202) 431-4760https://www.kelleydrye.com/people/maggie-c-crosswySubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
At its most recent open meeting on February 15, 2024, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt yet another round of rule changes related to the Telephone Consumer Protection Act (TCPA). These rule changes, focused on expanding consumers’ ability to revoke consent to receive calls and texts, build on the FCC’s other recent TCPA actions – namely the adoption of a one-to-one consent requirement, and a ruling that calls to consumers using artificial intelligence technologies are considered “artificial or prerecorded” messages subject to regulation under the TCPA.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-adopts-changes-to-tcpa-consent-revocation-rulesAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJennifer Rodden Wainwrightjwainwright@kelleydrye.com(202) 342-8649www.kelleydrye.com/people/jennifer…dden-wainwrightSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As New York lawmakers consider legislation that would give the Attorney General broad new powers to target “unfair” trade practices, we brought the first installment of our 2024 Attorney General Webinar Series to the Empire State.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-we-learned-from-new-york\Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunShea O’Mearasomeara@kelleydrye.com(212) 808-5042www.kelleydrye.com/people/shea-omearaSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
I’ve never owned a tractor, but based on Kenny Chesney’s 1999 hit She Thinks My Tractor’s Sexy, I understand that some people find them to be quite alluring. (The same goes for farmer’s tans, but that’s more relevant to this post.) It’s not clear whether Kenny’s girlfriend was particularly attracted to American-made tractors, but some people are. That’s why Kubota Tractor Corporation used to label their tractors as “Made in USA.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-announces-2-million-penalty-over-made-in-usa-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As of January 1, 2024, the State of Maryland’s new telemarketing law, the “Stop the Spam Calls Act of 2023,” officially became law.One key provision of the new law creates a prohibition, absent prior express written consent, against “telephone solicitation[s]” that involve “an automated system for the selection or dialing of telephone numbers.” A “telephone solicitation” is defined as “an organized activity, program, or campaign to communicate by telephone with residents of Maryland in order to: (i) sell, lease, or rent goods or services; (ii) attempt to sell, lease, or rent goods or services; (iii) offer or attempt to offer a gift or prize; (iv) conduct or attempt to conduct a poll; or (v) request or attempt to request survey information, if the results of the survey will be used directly to solicit persons to purchase, lease, or rent goods or services.” The term “communicate by telephone” suggests an intent to include both phone calls and text messages within the scope of this definition.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/marylands-new-telemarketing-law-now-in-effectAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJennifer Rodden Wainwrightjwainwright@kelleydrye.com(202) 342-8649www.kelleydrye.com/people/jennifer…dden-wainwrightSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
New York Attorney General Letitia James joined Kelley Drye for its January State AG webinar to discuss consumer protection in the Empire State and her support for legislative reform that would grant the AG’s Office new powers to target “unfair” business practices.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-york-ag-supports-legislation-to-broaden-consumer-protection-powersPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunShea O’Mearasomeara@kelleydrye.com(212) 808-5042www.kelleydrye.com/people/shea-omearaSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we have discussed, the NAAG President, Oregon Attorney General Ellen Rosenblum, formally announced her 2024 Presidential Initiative focusing on America’s youth. As we noted, this was consistent with a broader priority for 2024 among many state attorneys general (AGs) across the country.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-focus-on-social-media-and-its-impact-on-youthAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
New Jersey and New Hampshire are the first states out of the gate in what promises to be another busy year in state privacy legislation.On January 16, New Jersey Governor Phil Murphy signed the New Jersey Data Privacy Act (NJDPA), making the Garden State the first to enact a comprehensive privacy law in 2024. New Hampshire is set to follow after Senate Bill 255 (SB255) passed the legislature on January 18 and is awaiting the governor’s signature. Both pieces of legislation closely resemble frameworks established by other U.S. states, such as Colorado.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-jersey-and-new-hampshire-set-the-pace-with-2024-state-privacy-legislationAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikAaron Bursteinaburstein@kelleydrye.com(202) 342-8453www.kelleydrye.com/people/aaron-j-bursteinAli Albazzazaalbazzaz@kelleydrye.com(312) 857-2619www.kelleydrye.com/people/ali-albazzazSalim Rashidsrashid@kelleydrye.com(202) 342-8473https://www.kelleydrye.com/people/salim-rashidSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Another week, another flag on so-called junk fees.The FTC is in the midst of a months-long rulemaking targeting “unfair or deceptive fees” that would fundamentally alter the way businesses can advertise their prices to consumers. Recently, a bipartisan coalition of 19 state AGs (led by General Michelle Henry of Pennsylvania and General Josh Stein of North Carolina) filed a comment letter supporting the FTC’s efforts.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/a-group-of-19-state-ags-support-the-ftcs-proposed-rule-on-junk-feesPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunShea O’Mearasomeara@kelleydrye.com(212) 808-5042www.kelleydrye.com/people/shea-omearaSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On February 8, 2024, the Federal Communications Commission (FCC or Commission) released a Declaratory Ruling to clarify that telemarketing and other calls made to consumers using certain types of artificial intelligence are subject to restrictions set forth in the Telephone Consumer Protection Act (TCPA), and therefore are unlawful unless the caller has the requisite consent from the consumer recipient.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-declares-tcpa-restrictions-apply-to-ai-generated-callsAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJennifer Rodden Wainwrightjwainwright@kelleydrye.com(202) 342-8649www.kelleydrye.com/people/jennifer…dden-wainwrightSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
A 2022 class action lawsuit against Danone Waters’ evian spring water will move forward, thanks to a judge in the Southern District of New York, who decided this week that he could not determine as a matter of law that the term “carbon neutral” does not have the capacity to mislead consumers.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/sdny-allows-false-advertising-suit-over-carbon-neutral-claims-to-move-forwardGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monChristie Grymes Thompsoncgthompson@kelleydrye.com(202) 342-8633https://www.kelleydrye.com/people/christie-grymes-thompsonKatie Rogerskrogers@kelleydrye.com(202) 342-8455www.kelleydrye.com/people/katherine-katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
NAD recently reviewed posts promoting Cariuma sneakers that appeared on the Facebook and Instagram accounts of Travel + Leisure, US Weekly, and The Quality Edit. The posts claimed that various celebrities wore the sneakers, encouraged consumers to buy the sneakers before they sold out, and included links to make a purchase or learn more. Each post was labeled as “sponsored.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/when-a-sponsored-disclosure-may-not-be-enoughGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
At its last open meeting of 2023, the FCC voted to adopt new rules “to protect consumers from unwanted and illegal text messages and calls.” Among the changes are a new “one-to-one” consent requirement for autodialed telemarketing texts and phone calls, clarification on the applicability of the Do-Not-Call Registry to text messages, and a limited text blocking mandate. These changes are discussed in more detail below, along with an overview of additional proposals on which the FCC is seeking public comment.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/calling-and-texting-regulations-tightening-fcc-adopts-11-tcpa-consent-and-do-not-text-rulesAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikJennifer Rodden Wainwrightjwainwright@kelleydrye.com(202) 342-8649https://www.kelleydrye.com/people/jennifer-rodden-wainwrightSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Massachusetts AG Andrea Joy Campbell recently announced that Grubhub, one of the nation’s most prominent food delivery platforms, will pay more than $3.5 million to settle claims that it overcharged restaurants in violation of a specific emergency fee cap imposed during the pandemic.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/massachusetts-ag-secures-3-5-million-settlement-against-grubhubPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunShea O’Mearasomeara@kelleydrye.com(212) 808-5042https://www.kelleydrye.com/people/shea-omearaSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
It’s a well-known principle (amongst those who practice in certain professions) that if you’re trying to make something sexy, you generally don’t want to reveal everything all at once. Instead, it can be better to reveal things slowly, leaving things to the audience’s imagination, and letting expectations build up before the big moment. Of course, that strategy can backfire if what you ultimately reveal ends up being disappointing to the viewer.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/hidden-fees-arent-sexyGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The year ahead promises to be busy on the state privacy front. As we’ve covered on this blog, states are continuing to fill the gap at the federal level by implementing comprehensive state laws that guarantee consumer privacy rights and regulate data sales, targeted advertising, and sensitive data.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/top-5-state-privacy-issues-were-monitoring-this-yearAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/people/alysa-z-hutnikAlex Schneideraschneider@kelleydrye.com(202) 342-8634www.kelleydrye.com/people/alexander-i-schneiderSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider what they might mean for the future.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/top-advertising-law-developments-in-2023Alysa Hutnikahutnik@kelleydrye.com(202) 342-8603https://www.kelleydrye.com/people/alysa-z-hutnikDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645www.kelleydrye.com/people/donnelly-l-mcdowellGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerLaura Riposo VanDrufflvandruff@kelleydrye.com(202) 342-8435www.kelleydrye.com/people/laura-riposo-vandruffKatie Rogerskrogers@kelleydrye.com(202) 342-8455www.kelleydrye.com/people/katherine-katie-rogersBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunAlex Schneideraschneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/people/alexander-i-schneiderSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act Rule (COPPA Rule). The COPPA Rule applies to operators of websites and online services that are directed to children under 13 or that have “actual knowledge” they are collecting personal information from children under 13. It imposes notice, consent, data security, and data minimization requirements. Below we summarize highlights from the rulemaking.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-proposes-changes-to-coppa-rule-what-businesses-need-to-knowLaura Riposo VanDrufflvandruff@kelleydrye.com(202) 342-8435https://www.kelleydrye.com/people/laura-riposo-vandruffAlex Schneideraschneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/people/alexander-i-schneiderChris Tarbellctarbell@kelleydrye.com(202) 342-8813https://www.kelleydrye.com/people/christopher-s-tarbellSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last month, the New York AG filed a lawsuit against Sirius XM Radio, alleging that the company “sells subscriptions that are easy to purchase, and extremely difficult to cancel.” Consumers who want to cancel their subscriptions are forced to “undergo a lengthy and burdensome endurance contest that Sirius created and implemented as a strategy for keeping as many consumers from cancelling as possible.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ny-ag-gets-serious-over-cancellation-practicesGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunKaelyne Wietelmankwietelman@kelleydrye.com(202) 342-8478www.kelleydrye.com/Our-People/Kael…Yumul-WietelmanSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we covered in part I, the National Association of Attorneys General (NAAG) finished the year with its 2023 Capital Forum in early December, focusing heavily on AI.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/naag-capital-forum-wrap-up-2023-part-ii-new-naag-presidential-initiativePaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The National Association of Attorneys General (NAAG) closed out the year with its 2023 Capital Forum in early December. This year’s Forum focused heavily on AI questions and concerns and past and future NAAG Presidential Initiatives. In this first post, we will cover the highlights of the AI panels.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/naag-capital-forum-wrap-up-2023-part-1-more-ai-and-agsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Chiara Ferragni is an Italian influencer with almost 30 million followers on Instagram. At last count, that’s more than the number of followers we have at Ad Law Access, so she must be doing something right. But a recent scandal that caught the attention of Italian authorities, including the Prime Minister, suggests that she may have also done a few things wrong.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/lessons-from-an-italian-christmas-scandalGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Over the past several years, the number of consumer class actions involving product labels has significantly increased. The claims, primarily targeting food and clothing manufacturers, typically allege products are mislabeled or are otherwise misleading to consumers and as a result, the cost to consumers increases.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/vanilla-vigilante-spencer-sheehan-grounded-after-targeting-starbucksJames Saylorjsaylor@kelleydrye.com(212) 808-5052https://www.kelleydrye.com/people/james-b-saylorGregory Bermangerman@kelleydrye.com(212) 808-7844https://www.kelleydrye.com/people/gregory-bermanMadeleine Ostertagmostertag@kelleydrye.com(212) 808-7860https://www.kelleydrye.com/people/madeleine-a-ostertagSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On December 12, the FTC issued the Combating Auto Retail Scams Rule (“CARS Rule”) which will broadly regulate sales activities of motor vehicle dealers. Authorized by Congress through the Dodd-Frank Act and promulgated under the Administrative Procedure Act (as opposed to the FTC’s more cumbersome Magnusson-Moss authority), the final rule will take effect on July 30, 2024.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftcs-auto-dealer-rule-promises-sweeping-industry-changesIoana Goreckiigorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/people/ioana-goreckiSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last year, a plaintiff filed a class action lawsuit against H&M, arguing that the retailer misled consumers into thinking that its Conscious Choice collection of clothing was “environmentally friendly” and “sustainable.” This May, a federal court in Missouri dismissed the case, noting that the plaintiff had mischaracterized H&M’s claims and that the retailer had qualified the claims such that reasonable consumers would not be misled by them.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/h-m-faces-new-allegations-of-greenwashingGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKatie Rogerskrogers@kelleydrye.com(202) 342-8455https://www.kelleydrye.com/people/katherine-katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
While the California Privacy Protection Agency (CPPA) Board’s attention during its December 8 public meeting was mainly focused on preliminary draft regulations on automated decisionmaking technology (ADMT), risk assessments, and cybersecurity audits, the Board also decided to begin a formal process to revise its existing regulations.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cppa-to-propose-changes-to-privacy-policy-requirementsAaron Bursteinaburstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/people/aaron-j-bursteinAli Albazzazaalbazzaz@kelleydrye.com(312) 857-2619https://www.kelleydrye.com/people/ali-albazzazSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Royal Oak sells Super Size charcoal briquets that are 50% bigger than the briquets sold by certain competitors. Royal Oak advertises that “a bigger briquet is a better briquet” and that the briquets provide “the best grilling experience.” Kingsford Products Company challenged these (and other) claims and demanded that Royal Oak provide substantiation.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-considers-whether-better-and-best-claims-are-pufferyGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
This week, Massachusetts Attorney General Andrea Joy Campbell’s office touted the release of draft regulations to prohibit hidden “junk fees,” enhance transparency in various transactions, and make it easy for consumers to cancel subscriptions. The office highlights that junk fees can make it difficult for consumers to comparison shop, harm honest business, and have a disproportionate impact on marginalized consumers. It also cites increases in automatically renewing contracts and trial offers that are more difficult to cancel than they are to enter into.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/massachusetts-hops-on-the-junk-fee-bandwagon-and-online-cancellation-tooPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained “50% more electrolytes vs. Gatorade Thirst Quencher.” One social media post featured a headline “Powerade vs. Gatorade Thirst Quencher” above a side-by-side comparison of the electrolyte and vitamin content of the two beverages. The caption read: “Don’t Underestimate our Electrolytes” followed by a flexed arm emoji. 💪https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/narb-reads-less-into-emojis-than-nadGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Earlier this year, we examined how changes to the FTC’s Endorsement Guides might affect influencer campaigns and suggested that companies may want to monitor FTC actions in this area to see what types of conduct grab the FTC’s attention. Yesterday, we got some initial clues when the FTC announced that it had sent warning letters to two trade associations – the American Beverage Association and The Canadian Sugar Institute – and 12 health influencers over their posts.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-sends-warning-letters-to-companies-and-influencers-over-disclosures-in-postsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
We return to NAAG’s 2023 Consumer Protection Fall Conference for “Advertising Psychology and Law Primer.” While it lived up to its name covering many basic advertising law concepts, the panel also covered specific perspectives from California on junk fees and other advertising principles that are valuable tips to help stay off their radar. This panel was moderated by Nick Akers, Senior Assistant Attorney general at the California Attorney General’s Office and Beth Blackston, Consumer Fraud Bureau, Chief of the Southern Bureau of the Illinois Attorney General’s Office. Panelists included Rafael Reyneri, an attorney in the Division of Advertising Practices at the FTC and Michele VanGelderen, Supervising Deputy Attorney General at the California Attorney General’s Office.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/naag-2023-cp-fall-conference-advertising-honing-in-on-californias-viewsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On November 7, the National Association of Attorneys General (NAAG) 2023 Consumer Protection Fall Conference held its public day with a number of substantive and interesting discussions about the current state of consumer protection enforcement by the FTC and, of course, state AGs. We will be bringing you a series about the conference panels, each of which discusses a hot topic of enforcement for the coming year.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/naag-cp-fall-2023-dark-practicesPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
This week, the FTC and Florida AG announced a settlement with Chargebacks911, a chargeback mitigation company that touted its ability to help companies respond to and reverse consumer credit card disputes. The FTC and Florida AG sued the company in April 2023, alleging that Chargebacks911 used deceptive techniques to contest chargebacks and lower clients’ chargeback rates.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/chargebacks911-settlement-highlights-ftc-and-ag-scrutiny-of-chargeback-mitigation-practicesIoana Goreckiigorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/people/ioana-goreckiSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Yesterday, the Consumer Financial Protection Bureau (CFPB) released a notice of proposed rulemaking that would allow the agency to supervise and conduct examinations of certain non-bank providers of digital wallets and payment apps. The move is intended to address perceived “regulatory arbitrage by ensuring large technology firms and other nonbank payments companies are subjected to appropriate oversight,” according to CFPB Director Rohit Chopra.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-issues-proposed-rule-to-expand-supervisory-authority-conduct-examinations-of-digital-wallets-and-mobile-payment-appsDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645https://www.kelleydrye.com/people/donnelly-l-mcdowellMatthew Luzaddermluzadder@kelleydrye.com(312) 857-2623https://www.kelleydrye.com/people/matthew-c-luzadderAlex Schneideraschneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/people/alexander-i-schneiderSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Reviews matter. In a survey conducted by Yelp, 83% of consumers who read reviews say they trust online reviews about local businesses. However, fake reviews may mislead consumers. Recently, there was media attention around a one-night-only restaurant in New York City that arose from fake reviews. The idea for a restaurant spawned from a joke. A group of friends had renamed (on Google Maps) the house they lived in to “Mehran’s Steakhouse” and left reviews about the “restaurant.” It was not an established “restaurant” at the time, though some of the reviews suggested otherwise. “Mehran’s Steakhouse” had 91 reviews and a near-perfect Google rating. The friends set up a website and created a waiting list, where over 900 people signed up. Eventually, the friends put together a one-night-only dining experience. They obtained a liquor license, food handling permits, printed menus, and set up a number of “fake”-themed performances (e.g. fans of the artist, Drake, stood outside the restaurant holding posters to get Drake’s attention, though Drake was not there; a fake proposal occurred in the dining room).https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/know-your-fake-reviews-state-ags-signal-enforcementPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunRod Ghaemmaghamirghaemmaghami@kelleydrye.com(213) 547-4912www.kelleydrye.com/people/rod-ghaemmaghamiSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The FTC yesterday filed a complaint and stipulated order against Bridge, It (dba “Brigit”), a fintech company that operates a personal finance mobile application that advertises cash advances to consumers. According to the complaint, Brigit targeted low income consumers with offers for short-term cash advances of “up to $250” if they enrolled in a $9.99 per month membership program. The FTC alleged that only approximately 1% of customers actually received access to the $250 advance and approximately 20% were denied access to cash advances entirely.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-alleges-fintech-provider-engaged-in-dark-patterns-concealed-fees-for-cash-advances-in-reaching-18-million-settlementDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645https://www.kelleydrye.com/people/donnelly-l-mcdowellSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
NAD recently issued a decision in a challenge that Bath & Body Works (or “B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. Although the decision covers a lot of ground – B&BW challenged a combination of 18 express and implied claims – in this post, we’re going to focus on a few issues related to comparative claims against unnamed competitors.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-provides-guidance-on-claims-against-unnamed-competitorsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, the FTC announced that it had finalized its rulemaking to add data breach notification provisions to the Gramm-Leach-Bliley Act (GLBA) Safeguards Rule. As expected, the new provisions require non-bank financial institutions to provide notice to the FTC of data incidents meeting certain thresholds and detail the trigger for, and content and timing of, the notice. The FTC’s proposal elicited only 49 comments, perhaps because most stakeholders thought that the new requirements were inevitable and would be fairly routine. After all, the federal banking agencies have long required data breach notification under GLBA, every state in the country has a data breach law, and the Commission was only proposing that notice be given to the FTC, not to consumers.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/safeguards-snafu-the-anomalous-new-provision-in-the-ftcs-gramm-leach-bliley-safeguards-ruleJessica Richjrich@kelleydrye.com(202) 342-8580www.kelleydrye.com/Our-People/Jessica-L-RichSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Our State AG webinar series continues. After spending time in the Centennial State, we went east to the Land of Lincoln. We met with Illinois Attorney General Kwame Raoul, Susan Ellis, Consumer Protection Division Chief, and Lyle Evans, Chief of Investigations, to learn about the office, their priorities, and more about Organized Retail Crime and the INFORM Consumers Act.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-we-learned-from-illinoisPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunKaelyne Wietelmankwietelman@kelleydrye.com(202) 342-8478www.kelleydrye.com/Our-People/Kael…Yumul-WietelmanSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
This month, Google announced that it would soon implement new requirements for “bulk senders” – defined as senders who send more than 5,000 messages to Gmail addresses in one day – that will likely impact most companies that send marketing emails.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-gmail-marketing-requirements-will-impact-most-advertisersGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
California has a new tool in the toolbox when it comes to remedies available for certain consumer protection law violations. The governor of California recently signed legislation adding the remedy of disgorgement for AG actions under false advertising and unfair competition laws (Consumer Laws), which would require a party to repay all amounts obtained through illegal or wrongful acts. In addition, the law created a Victims of Consumer Fraud Restitution Fund (Fund) to help make victims whole in consumer protection lawsuits brought by the California Attorney General. The Fund is funded through payments made by those who violate consumer protection laws, and not through taxes or fees charged to law-abiding businesses.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-changes-to-consumer-protection-authorityPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
We posted just last week about the Blackbaud multistate settlement, and as we have discussed, health privacy remains a hot topic and is already back in the news. On October 17th, 33 AGs led by Indiana, announced a multistate settlement in the form of a judgment with a Puerto Rico-based health care clearinghouse, Inmediata, for what the AGs alleged was a failure to appropriately safeguard data and a delayed and flawed notification to consumers of a coding issue. As a result, the states said protected health information (PHI) of approximately 1.5 million consumers was exposed to public online searches for almost three years. The AGs alleged, among other things, violations of the Health Insurance Portability and Accountability Act’s (HIPAA) Security Rule and its Breach Notification Rule.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/health-data-coding-error-costs-inmediata-1-4-million-with-agsPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunCaroline Schmitzcshmitz@kelleydrye.com(202) 342-8459https://www.kelleydrye.com/people/caroline-t-schmitzSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Green is the new black, or so it seems, based on the growing number of companies that are making “green” claims. Claims about carbon reductions are particularly in fashion, both with advertisers and with a growing number of challengers who are questioning the basis for those claims. Some lawsuits even allege that there are “foundational issues with the voluntary carbon offset (“VCO”) market” – the principle means for substantiating those claims – that render “claims based on offsets inherently problematic.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-california-law-regulates-carbon-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monKatie Rogerskrogers@kelleydrye.com(202) 342-8455https://www.kelleydrye.com/people/katherine-katie-rogersSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
In 1985, Bon Jovi released their second studio album, 7800° Fahrenheit. As a good New Jersey resident with good taste in music, I bought the album. I remember learning that the title supposedly referred to the melting point of rock, though I don’t remember if I ever attempted to verify that fact. (I also don’t remember how people verified facts before the advent of the internet.)https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/sharkninja-faces-heat-over-temperature-and-non-stick-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Smile Prep operates a website that provides reviews of clear aligners (otherwise known as “invisible braces”) based on an “extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some of the companies it reviews, Smile Direct Club (or “SDC”) filed an NAD challenge suggesting that the company “slants its rankings and reviews to favor those companies that make payments to it at the relative expense of those companies that don’t.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/narb-gives-ftc-an-opportunity-to-apply-new-endorsement-guidesGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we posted yesterday, the FTC announced a proposed rule that could fundamentally alter how businesses across industries advertise prices and disclose fees to consumers. At around the same time the FTC was preparing to announce the proposed rule, California AG Rob Bonta was commenting about California’s efforts to ban hidden or “junk” fees, boasting that “California now has the most effective piece of legislation in the nation to tackle this problem. The price Californians see will be the price they pay.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-bans-hidden-feesGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Blackbaud, a software company that was the subject of a multistate investigation for a 2020 data breach, has reached a settlement for $49.5 million with the attorneys general (AGs) of 49 states (not including California) and the District of Columbia, led by Indiana and Vermont.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/blackbaud-settles-multistate-investigation-related-to-data-breach-for-49-5-millionPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunRod Ghaemmaghamirghaemmaghami@kelleydrye.com(213) 547-4912https://www.kelleydrye.com/people/rod-ghaemmaghamiSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The adoption of artificial intelligence (AI) in the workplace is accelerating with an increasing number of employers integrating AI-related technologies into every stage of the employment lifecycle – from recruitment to separation. While these technologies offer employers opportunities to streamline certain processes and make others more objective, they also pose certain challenges and legal risks.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/big-brother-biased-bots-practical-considerations-for-using-ai-in-employment-decision-makingJayson Lewisjlewis@kelleydrye.com(212) 808-7527https://www.kelleydrye.com/people/jayson-b-lewisSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
In connection with its convening of a panel of small businesses to provide input on potential regulatory actions, the CFPB released an outline of its proposals to use its rulemaking authority under the Fair Credit Reporting Act (FCRA) to cover data brokers and prohibit the use of medical debt collection data in making credit decisions. While the outline does not include any specific language, it evidences the Bureau’s desire to fundamentally alter the data broker business model by expanding the definition of “consumer reporting agency” (CRA) to cover more data brokers, and limit their ability to share consumer information without a permissible purpose. The CFPB also seeks to prevent CRAs from providing credit header data to third parties for purposes beyond the scope of the FCRA. In effect, the Bureau intends to significantly curtail the sale of certain personal data for marketing purposes.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-previews-proposals-that-could-fundamentally-shift-data-broker-businessKate Whitekwhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/people/katherine-whiteSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Big, BIG win for the direct selling industry, as Judge Barbara Lynn (N.D. Texas) grants judgment for Neora, LLC (formerly Nerium) on all of the FTC’s claims, including that the company was operating an illegal pyramid scheme and made deceptive income and product claims (both directly and through its distributors). Expect the FTC to gather itself and explain that this is one district court case before one judge. But make no mistake about it, Judge Lynn (Clinton appointee) is a respected jurist, with a reputation of being thorough and well-prepared. This decision leaves a mark.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/neora-prevails-in-landmark-decision-for-direct-selling-industryJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423https://www.kelleydrye.com/people/john-e-villafrancoDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645https://www.kelleydrye.com/people/donnelly-l-mcdowellRobert Wardrward@kelleydrye.com(973) 503 5978https://www.kelleydrye.com/people/robert-n-wardTiffany Arosemenatarosemena@kelleydrye.com(212) 808-7525https://www.kelleydrye.com/people/tiffany-arosemenaSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
A bipartisan coalition of 42 Attorneys General, led by Iowa, Nebraska, and Tennessee, and the Consumer Financial Protection Bureau (CFPB) announced a $35 million settlement with Tempoe LLC, a specialty consumer finance company. The multistate settlement resolves claims that the company’s marketing sales practices misled consumers that they signed up for an installment plan or credit sale to purchase personal goods and services, when in fact they ended up leasing the items.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-and-cfpb-stop-tempoes-rhythmPaul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunKaelyne Wietelmankwietelman@kelleydrye.com(202) 342-8478www.kelleydrye.com/Our-People/Kael…Yumul-WietelmanSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Lawsuits challenging how companies advertise sales are on the rise. In this year alone, we’ve posted about a lawsuit over a grocer’s BOGO offers, a lawsuit over a major retailer’s frequent sales, and a large settlement over another retailer’s sale practices. This week brought news of a new $10 million settlement in a lawsuit alleging that SelectBlinds’ sale practices violated California law.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/retailer-to-pay-10-million-to-settle-pricing-claimsGonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
In October, we posted about the FTC’s day-long workshop on “Protecting Kids from Stealth Advertising in Digital Media” and wondered what the FTC might be planning. Last week, we got an answer when the FTC released a “Staff Perspective” on Protecting Kids from Stealth Advertising in Digital Media. With a foreword written by Sam Levine, Director of the FTC’s Bureau of Consumer Protection, the staff recommends advertisers implement five key practices to protect kids from the harms of “stealth advertising.”https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-recommends-sharpening-blurred-lines-when-advertising-to-kidsGonzalo Mongmon@kelleydrye.com(202) 342-8576https://www.kelleydrye.com/people/gonzalo-e-monSubscribe to the Ad Law Access blog - www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we’ve discussed here, data brokers have been in the hot seat lately, with the enactment of new state data broker registry laws, aggressive enforcement by the FTC, a looming rulemaking by the CFPB to extend the FCRA’s reach to a broader class of data brokers, multiple federal bills to restrict data broker sales, and a recent meeting at the White House to discuss “harmful data broker practices” and provide further impetus for regulation.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-just-passed-sb-362-whatever-you-think-about-the-merits-of-the-law-its-a-big-dealJessica Richjrich@kelleydrye.com(202) 342-8580www.kelleydrye.com/Our-People/Jessica-L-RichSubscribe to the Ad Law Access blog - https://www.kelleydrye.com/subscribeSubscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/subscribeView the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As the Supreme Court deliberates over the Fifth Circuit’s ruling that the CFPB’s funding method is unconstitutional, another court in the Fifth Circuit dealt a blow to the CFPB’s aggressive agenda. On Friday, the District Court for the Eastern District of Texas invalidated the Bureau’s March 2022 updates to its examination manual that instructed CFPB examiners to determine whether financial institutions and service providers adequately protect against discrimination, including disparate impact. If it holds in likely appeals, the decision could have a far-reaching impact on both the CFPB’s and the FTC’s attempts to use their unfairness authority to bring enforcement to remedy perceived discriminatory practices, as well as other attempts by both agencies to broadly interpret statutory grants of authority and use them in novel and untested ways.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/texas-court-puts-hold-on-cfpbs-use-of-unfairness-authority-to-include-discriminationDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645https://www.kelleydrye.com/people/donnelly-l-mcdowellSubscribe to the Ad Law Access blog - www.kelleydrye.com/viewpoints/blogs/ad-law-accessSubscribe to the Ad Law News Newsletter - www.kelleydrye.com/viewpoints/news…-news-and-viewsView the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
With the continuing onslaught of state privacy laws, it’s easy to become overwhelmed by the number of new legal obligations while also trying to stay focused on identifying and mitigating the most pressing legal and business risks. Over the past couple of months, we’ve had the opportunity to meet with privacy professionals to hear about their top challenges and offer some practical perspectives of our own.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/practical-privacy-lessons-from-the-front-linesLaura Riposo VanDrufflvandruff@kelleydrye.com(202) 342-8435https://www.kelleydrye.com/people/laura-riposo-vandruffAaron Bursteinaburstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/people/aaron-j-bursteinCaroline Schmitzcschmitz@kelleydrye.com(202) 342-8459https://www.kelleydrye.com/people/caroline-t-schmitzSubscribe to the Ad Law Access blog - https://www.kelleydrye.com/viewpoints/blogs/ad-law-accessSubscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/viewpoints/newsletters/ad-law-news-and-viewsView the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/advertising-and-privacy-lawFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The FTC is not holding its breath on whether Congress will enact AI legislation. Instead, as we have previously reported, the FTC is relying on its own toolkit and has warned businesses that false or unsubstantiated claims related to AI could run afoul of the FTC Act.https://www.adlawaccess.com/2023/09/articles/cant-lie-about-your-ai-the-ftcs-most-recent-case-with-ai-allegations/Jessica Richjrich@kelleydrye.com(202) 342-8580www.kelleydrye.com/Our-People/Jessica-L-RichKaelyne Wietelmankwietelman@kelleydrye.com(202) 342-8478www.kelleydrye.com/Our-People/Kael…Yumul-WietelmanSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Earlier this month, in a step toward implementing the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), FDA issued a draft guidance document titled “Registration and Listing of Cosmetic Product Facilities and Products: Guidance for Industry.” For those who may be new to MoCRA, this legislation significantly overhauled FDA oversight of the cosmetics industry by requiring manufacturers, packers, and distributors, to comply with a range of new standards, including mandatory product and facility registration, creation of safety substantiation information, and adverse event reporting subject to a December 2023 deadline (per the one-year timeframe set per statute). Additional compliance measures, including issuance of good manufacturing practices regulations, updated fragrance allergen disclosures, and domestic contact labeling are expected in 2024 and thereafter.https://www.adlawaccess.com/2023/08/articles/fdas-draft-guidance-on-cosmetics-registration-and-listing-a-good-reminder-of-end-of-year-deadlines/Kristi Wolffkwolff@kelleydrye.com(202) 342-8805www.kelleydrye.com/Our-People/Kristi-L-WolffSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
A few months ago when sun-seeking consumers were eagerly anticipating the start of summer, we wrote about a consumer false advertising case involving Beiersdorf’s Coppertone sunscreen brand. In that case, plaintiff Tonya Akes, a consumer, sued Beiersdorf, Inc., maker of Coppertone sunscreen, alleging that Beiersdorf engaged in deception because it sold the SPF 50 Coppertone Sport Mineral Face sunscreen, which she alleges she believed was “specifically designed” for use on the face based on the front-of-pack claims, at twice the price as the regular Coppertone Sport Mineral sunscreen, despite the formulas being identical.https://www.adlawaccess.com/2023/08/articles/in-your-face-connecticut-district-court-denies-motion-to-dismiss-in-coppertone-face-sunscreen-false-ad-case/Kristi Wolffkwolff@kelleydrye.com(202) 342-8805www.kelleydrye.com/Our-People/Kristi-L-WolffSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
A year ago, the FTC and six states filed a lawsuit against Roomster and its owners, alleging that they had posted “tens of thousands of fake positive reviews to bolster their false claims that properties listed on their Roomster platform are real, available, and verified.” At the same time, the regulators announced a settlement with an individual (doing business as AppWinn) who allegedly sold Roomster many of the fake reviews. Today, the FTC and states announced a settlement Roomster and its owners that includes some notable provisions.
https://www.adlawaccess.com/2023/08/articles/ftc-and-six-states-announce-settlement-over-fake-reviews-and-claims/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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During the past year, there’s been a flurry of regulatory activity related to data brokers. Whether in Congress or state legislatures, at federal agencies or the White House, many policymakers are pushing in the direction of increased regulation. For those not following this issue closely, here’s a snapshot of some key developments, starting with some history:
https://www.adlawaccess.com/2023/08/articles/mounting-focus-on-data-brokers-is-more-regulation-coming/
Jessica Rich jrich@kelleydrye.com (202) 342-8580 www.kelleydrye.com/Our-People/Jessica-L-Rich
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Google recently ran two commercials for its YouTube TV service, each of which ended with the following tagline: “More than cable. For $600 less than cable.” A disclosure at the bottom of the screen explained: “Annual average savings based on a study by SmithGeiger of the published cost of comparable standalone cable in the top 50 Nielsen DMAs, including all fees, taxes, promotion pricing, DVR box rental and service fees, and a 2nd cable box.”https://www.adlawaccess.com/2023/08/articles/nad-addresses-apples-and-oranges-in-price-claims/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On October 10, 2022, the FTC Collaboration Act of 2021 became law. The Act’s stated purpose is to enhance cooperation between the Federal Trade Commission (FTC) and state attorneys general (AGs) in combatting unfair and deceptive practices. The Act requires the FTC to complete a study and issue a public report based on that study. Throughout the summer, the FTC accepted comments from interested stakeholders on a series of questions related to the roles and responsibilities of the FTC and AGs that best advance collaboration and consumer protection, and how to dedicate resources and implement accountability mechanisms to fulfill those goals.https://www.adlawaccess.com/2023/08/articles/the-ftc-collaboration-act-benefits-for-the-business-community/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The buzz around generative AI has raised many IP-related questions, such as the legality of using IP to train AI algorithms or ownership of AI-generated content. But the FTC warns that claims about content ownership don’t just give rise to IP concerns – they could also constitute FTC Act violations if they meet the unfair or deceptive standard in Section 5. (Click here and here for our take on other recent AI-related guidance from the FTC.)
https://www.adlawaccess.com/2023/08/articles/ftc-warns-that-deceptive-ai-content-ownership-claims-violate-the-ftc-act/
Ioana Gorecki igorecki@kelleydrye.com (202) 342-8417 https://www.kelleydrye.com/Our-People/Ioana-Gorecki
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This summer has been hot all around, but perhaps the hottest topic on the minds of state attorneys general (AGs) continues to be artificial intelligence (AI). As we recently heard from Colorado Attorney General Phil Weiser, AI is a big concern for regulators trying to understand all the ways in which AI permeates our daily lives in order to effectively regulate the algorithms that create the AI.
https://www.adlawaccess.com/2023/08/articles/this-summers-hot-topic-ags-and-ai/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Kaelyne Wietelman kwietelman@kelleydrye.com (202) 342-8478 www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman
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As most people know – either from professional or personal experience – the CAN SPAM Act requires companies who send “commercial” email messages to give consumers an opportunity to opt-out of receiving those messages in the future. The opt-out requirement does not apply to “transactional” messages, which generally facilitate an already agreed-upon transaction or update a customer about an ongoing transaction.
https://www.adlawaccess.com/2023/08/articles/ftc-assesses-primary-purpose-of-emails-in-can-spam-enforcement/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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NARB recently announced a decision in a case involving various claims that Shark Ninja made in an infomercial for its Shark Stratos Powered Lift-Away vacuum cleaner, including claims about how well the vacuum picks up hair and how well it reduces odors. The decision covers a lot of ground – Dyson challenged six express claims and nine implied claims – but we’re just going to focus on a few issues that come up regularly in our conversations with clients about claim substantiation.
https://www.adlawaccess.com/2023/08/articles/narb-decision-holds-lessons-for-claim-substantiation/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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We regularly cover challenges to “Made in USA” claims, particularly by the FTC, but most of the time those cases don’t rely on consumer perception evidence about what the claim means. So the recent class certification in the Central District of California in a case against R.C. Bigelow, Inc. caught our attention. Plaintiffs allege that Bigelow misrepresents that its tea is “Manufactured in the USA” because the tea was processed abroad. They relied on a perception survey to spill the tea on consumer takeaway for the claim.
https://www.adlawaccess.com/2023/08/articles/spilling-the-tea-on-made-in-usa-claims/
Christie Grymes Thompson cgthompson@kelleydrye.com (202) 342-8633 https://www.kelleydrye.com/Our-People/Christie-Grymes-Thompson
Cristina Ferretti cferretti@kelleydrye.com (212) 808-5057 https://www.kelleydrye.com/Our-People/Cristina-Ferretti
Ted Herod eherod@kelleydrye.com (212) 808-5965 https://www.kelleydrye.com/Our-People/Edwin-A-Herod
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Last week, BINT Operations LLC aka “Blessings in No Time” (“BINT”) and its owners resolved two separate, but coordinated, lawsuits stemming from states’ and the FTC’s investigations alleging perpetration of an illegal pyramid scheme.
https://www.adlawaccess.com/2023/08/articles/texas-ag-arkansas-ag-and-ftc-dont-bless-pyramid-scheme-blessings-in-no-time/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Rod Ghaemmaghami rghaemmaghami@kelleydrye.com (213) 547-4912 https://www.kelleydrye.com/Our-People/Rod-Ghaemmaghami
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Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained “50% more electrolytes vs. Gatorade Thirst Quencher.” One social media post featured a headline “Powerade vs. Gatorade Thirst Quencher” above a side-by-side comparison of the electrolyte and vitamin content of the two beverages. The caption read: “Don’t Underestimate our Electrolytes” followed by a flexed arm emoji. 💪
https://www.adlawaccess.com/2023/08/articles/nad-reads-into-emojis/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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We continue our State AG webinar series traveling farther west past the Great Plains to the Rocky Mountains in Colorado. Last week, we spoke with Colorado Attorney General Phil Weiser and Deputy Attorney General for Consumer Protection, Nathan Blake, and covered a wide range of topics from the office’s structure, to the Colorado Privacy Act, to artificial intelligence (AI), and teen mental health. We recap highlights of what we learned below.
https://www.adlawaccess.com/2023/08/articles/state-ags-and-consumer-protection-what-we-learned-from-colorado/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Kaelyne Wietelman kwietelman@kelleydrye.com (202) 342-8478 www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman
Darby Hobbs dhobbs@kelleydrye.com (202) 342-8412 www.kelleydrye.com/Our-People/Darby-B-Hobbs
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Last year, the Senate Commerce Committee marked up two bipartisan bills to protect kids’ privacy and safety – the Kids Online Safety Act (KOSA), and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) – amidst high hopes that the bills would get a vote on the Senate floor. With comprehensive privacy legislation still tripped up over preemption and private rights of action, policymakers thought that legislation to protect kids would have the best chance of passage. The bills never made it to the floor, however, and they died in the 117th Congress.
https://www.adlawaccess.com/2023/08/articles/kids-privacy-and-safety-redux-amended-kosa-and-coppa-2-0-advance-by-voice-vote/
Jessica Rich jrich@kelleydrye.com (202) 342-8580 www.kelleydrye.com/Our-People/Jessica-L-Rich
Darby Hobbs dhobbs@kelleydrye.com (202) 342-8412 https://www.kelleydrye.com/Our-People/Darby-B-Hobbs
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Most NAD cases are brought by competitors, but NAD can also initiate a proceeding pursuant to its “responsibility for monitoring and reviewing national advertising for truthfulness and accuracy.” Looking at the cases NAD initiates on its own can help provide insights into its priorities and strategies.
https://www.adlawaccess.com/2023/07/articles/nad-reads-into-wsjs-cancel-anytime-claims/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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On July 21, 2023, the White House announced that it had secured commitments from the leading artificial intelligence companies to manage the risks posed by AI. As stressed in the press release and in news articles since, these commitments are just the beginning of a longer process to ensure the “safe, secure, and transparent” development of AI.
https://www.adlawaccess.com/2023/07/articles/those-ai-commitments-from-the-tech-companies-arent-just-voluntary-theyre-enforceable-by-the-ftc/
Jessica Rich jrich@kelleydrye.com (202) 342-8580 www.kelleydrye.com/Our-People/Jessica-L-Rich
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The California Privacy Protection Agency (CPPA) and California Office of Attorney General (OAG) are publicly pressing ahead with enforcement now that they have the authority to enforce the California Consumer Privacy Act (CCPA) as of July 1st. While the agencies did not announce headline grabbing enforcement decisions at the start of the month, there were some notable developments.
https://www.adlawaccess.com/2023/07/articles/ccpa-update-agencies-push-ahead-with-enforcement-as-superior-court-delays-new-regulations/
Alysa Hutnik ahutnik@kelleydrye.com (202) 342-8603 https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 https://www.kelleydrye.com/Our-People/Alexander-I-Schneider
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With so much going on in the privacy space, it can be hard to keep track of everything. For example, while you were struggling to keep pace with rapidly advancing state privacy laws, FTC and EU privacy developments, market and technological changes, and various proposals to protect children’s privacy, you might have missed some eye-opening developments regarding the government’s purchase of consumer data from data brokers and other third party data sellers.
https://www.adlawaccess.com/2023/07/articles/spotlight-on-data-sales-and-the-fourth-amendment-two-bipartisan-bills-in-the-house/
Jessica Rich jrich@kelleydrye.com (202) 342-8580 www.kelleydrye.com/Our-People/Jessica-L-Rich
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Two years ago this month, the state of Colorado joined California and Virginia in the passage of broad consumer protection legislation when the Colorado Privacy Act (CPA) was signed into law.
https://www.adlawaccess.com/2023/07/articles/colorado-consumer-data-privacy-law-is-in-effect/
Alysa Hutnik ahutnik@kelleydrye.com (202) 342-8603 https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
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An implacable Lina Khan fended off four hours of hostile questions from members of the House Judiciary Committee, who criticized her ethics and performance as FTC Chair and then proceeded to attack FTC career staffers, each other, and Congress itself at a grueling oversight hearing on July 13. Accusations of mismanagement, cover-ups, conflicts of interest, and partisanship made good theatre and national news, but a potentially devastating development for the FTC went almost unmentioned and unreported.
https://www.adlawaccess.com/2023/07/articles/angry-house-members-vent-at-ftc-and-vote-to-cut-its-budget/
Bill MacLeod bmacleod@kelleydrye.com (202) 342-8811 https://www.kelleydrye.com/Our-People/William-C-MacLeod
Darby Hobbs dhobbs@kelleydrye.com (202) 342-8412 https://www.kelleydrye.com/Our-People/Darby-B-Hobbs
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On the Friday before a long 4th of July weekend, the FTC delivered some light beach reading in the form of a 100-page notice of proposed rulemaking (NPRM) “banning fake reviews and testimonials.” While banning fake reviews and testimonials seems uncontroversial, the proposed rule would actually do much more, including authorizing civil penalties for businesses that procure or disseminate deceptive (not just “fake”) reviews when they “knew or should have known” the review was deceptive and where the review fails to disclose the testimonialist’s relationship with the business or product.
Donnelly McDowell dmcdowell@kelleydrye.com (202) 342-8645 https://www.kelleydrye.com/Our-People/Donnelly-L-McDowell
Ioana Gorecki igorecki@kelleydrye.com (202) 342-8417 www.kelleydrye.com/Our-People/Ioana-Gorecki
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On June 29, 2023, the FTC released the long-awaited updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising – more commonly known as the Endorsement Guides – along with an updated FAQ entitled What People Are Asking. We summarized some of the key changes in our post the same day.
https://www.adlawaccess.com/2023/07/articles/how-the-ftcs-revised-endorsement-guides-will-affect-influencer-campaigns/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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On June 23, 2023, a bipartisan coalition of 26 state attorneys general (AGs) submitted comments in support of the FTC’s amendments to the Negative Option Rule (Rule). Though the AGs assert that the FTC’s requirements under the proposed Negative Option Rule are already generally required by existing state and federal law, the AGs agreed that additional guidance and specificity on compliance with negative option rules would benefit consumers.
https://www.adlawaccess.com/2023/07/articles/icymi-state-ags-support-ftcs-amendments-on-auto-renewals-but-have-suggestions/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Kaelyne Wietelman kwietelman@kelleydrye.com (202) 342-8478 www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman
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In May 2022, the FTC proposed changes to its Endorsement Guides. Among other things, those changes created more prescriptive disclosure requirements for endorsements, imposed various requirements for consumer reviews, and clarified that all parties involved in a marketing campaign could be held liable for lapses. At that time, we analyzed the FTC’s proposed changes and examined how they might impact advertising practices and influencer marketing.
https://www.adlawaccess.com/2023/06/articles/new-endorsement-guides-include-big-changes-but-few-surprises/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
John Villafranco jvillafranco@kelleydrye.com (202) 342-8423 https://www.kelleydrye.com/Our-People/John-E-Villafranco
Ioana Gorecki igorecki@kelleydrye.com (202) 342-8417 www.kelleydrye.com/Our-People/Ioana-Gorecki
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Yesterday, the FTC announced an $18.5 million settlement with Publishers Clearing House (PCH), a marketing company known for using sweepstakes to sell magazine subscriptions. In its 52-page complaint, the FTC alleges PCH used purported “dark patterns” to promote product purchases, failed to disclose total costs, misrepresented its privacy practices, and used misleading email headers in violation of Section 5 and the CAN-SPAM Act. The order prohibits the company from making specific misrepresentations regarding sweepstakes entries, includes mandatory disclosure requirements, and requires consumer data deletion, among other provisions.
https://www.adlawaccess.com/2023/06/articles/ftc-targets-publishers-clearing-house-dark-patterns-in-sweeping-order/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Ioana Gorecki igorecki@kelleydrye.com (202) 342-8417 www.kelleydrye.com/Our-People/Ioana-Gorecki
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This week, just a few days before the Fourth of July holiday, the FTC announced a settlement with three fashion companies (that operated together as a common enterprise) over patriotic claims that the companies made about various accessories, such as belts, bags, wallets, and shoes.
https://www.adlawaccess.com/2023/06/articles/latest-made-in-usa-settlement-offers-lessons-for-fashion-companies/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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As we’ve written here, a brand new law governing online marketplaces and sellers takes effect TODAY, Tuesday, June 27. The new law (the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act, or INFORM Consumers Act) is designed to deter criminals from selling counterfeit, stolen, defective, and dangerous products through online marketplaces.
https://www.adlawaccess.com/2023/06/articles/compliance-with-the-inform-consumers-act-find-resources-here/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Kate White kwhite@kelleydrye.com (202) 342-8855 https://www.kelleydrye.com/Our-People/Katherine-White
Jessica Rich jrich@kelleydrye.com (202) 342-8580 https://www.kelleydrye.com/Our-People/Jessica-L-Rich
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In a deep sea of consumer fraud and deceptive packaging litigation, glimpses of reason are starting to emerge in the slack fill space, suggesting that these cases may (finally) be on the decline.
https://www.adlawaccess.com/2023/06/articles/no-pain-no-grain-golden-grain-companys-slack-fill-victory/
Jaclyn Metzinger jmetzinger@kelleydrye.com (212) 808-7843 https://www.kelleydrye.com/Our-People/Jaclyn-M-Metzinger
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Our State AG webinar series continues, this time with Nebraska Attorney General Mike Hilgers and Consumer Protection Division Chief Phil Carlson, a position previously held by our own Abby Stempson. During our webinar, the Nebraska AG’s Office highlighted its consumer protection work during a time of transition and general consumer protection topics. In case you missed it, here is a recording of the webinar. We recap what we learned below.
https://www.adlawaccess.com/2023/06/articles/state-ags-and-consumer-protection-what-we-learned-from-nebraska/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Kaelyne Wietelman kwietelman@kelleydrye.com (202) 342-8478 www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman
Darby Hobbs dhobbs@kelleydrye.com (202) 342-8412 www.kelleydrye.com/Our-People/Darby-B-Hobbs
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JBS – the second-largest food company in the world – made several aspirational claims about its commitment “to be net zero by 2040.” Those claims were challenged by a trade association, who argued that the claims were misleading. As we reported in February, although NAD acknowledged that JBS had taken steps that “may be helpful towards achieving net-zero by 2040,” NAD found that those steps weren’t enough to support the implied claim that JBS was currently implementing a plan to “achieve net zero operational impact by 2040.” JBS appealed the decision to the NARB.
https://www.adlawaccess.com/2023/06/articles/narb-agrees-that-advertiser-cant-support-aspirational-net-zero-claims/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Katie Rogers krogers@kelleydrye.com (202) 342-8455 https://www.kelleydrye.com/Our-People/Katherine-Rogers
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In 2017, the FTC announced that Adore Me, an online lingerie company, had agreed to return more than $1.3 million to customers who enrolled in a negative-option membership program offering discounts and other benefits. Almost six years later – in another example of states pursuing settlements on their own – 32 state attorneys general announced a $2.3 million settlement with Adore Me over the same program.
https://www.adlawaccess.com/2023/06/articles/states-follow-ftc-auto-renewal-settlement-with-a-new-2-3-million-settlement/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Our State AG webinar series continued with Connecticut Attorney General William Tong and Chief of the Privacy Consumer Protection Section Michele Lucan. In Part I, we discussed Connecticut’s rollout of their new comprehensive privacy law, and in Part II we will discuss how consumer protection operates at the Office of the Attorney General in Connecticut.
https://www.adlawaccess.com/2023/06/articles/state-ags-and-consumer-protection-what-we-learned-from-connecticut-part-ii/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Kaelyne Wietelman kwietelman@kelleydrye.com (202) 342-8478 https://www.kelleydrye.com/Our-People/Kaelyne-Yumul-Wietelman
Darby Hobbs dhobbs@kelleydrye.com (202) 342-8412 https://www.kelleydrye.com/Our-People/Darby-B-Hobbs
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As most privacy watchers know, one of the hot-button issues in the ongoing debate over federal legislation is whether the law should include a private right of action (PRA). As we also know, some existing federal privacy laws include a PRA (e.g., the Cable Communications Policy Act) and some don’t (e.g., the Children’s Online Privacy Protection Act).
https://www.adlawaccess.com/2023/06/articles/jones-v-google-reminds-us-that-private-rights-of-action-could-come-from-anywhere/
Jessica Rich jrich@kelleydrye.com (202) 342-8580 https://www.kelleydrye.com/Our-People/Jessica-L-Rich
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Plaintiffs recently filed a class action lawsuit against Delta, alleging that the airline’s “carbon-neutral” claims, such as: “Carbon Neutral Since March 2020,” and “travel confidently knowing that we will offset the carbon emitted on your Delta flight,” are misleading because they are based on unreliable carbon offsets. The complaint does much more than challenge Delta’s specific claims, though. The plaintiffs claim that “nearly all offsets issued by the voluntary carbon market overpromise and underdeliver on their total carbon impact” and question whether such offsets can be used to substantiate a “carbon-neutral” claim.
https://www.adlawaccess.com/2023/06/articles/lawsuit-questions-use-of-carbon-offsets-to-substantiate-green-claims/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Katie Rogers krogers@kelleydrye.com (202) 342-8455 https://www.kelleydrye.com/Our-People/Katherine-Rogers
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In 2019, the FTC announced a settlement with a retailer over allegations that it had encouraged employees to write favorable reviews of its products without disclosing they worked for the company. Most observers weren’t surprised that the FTC found that conduct to be problematic or that the terms of the settlement required the company to instruct employees to clearly disclose that worked for the company when reviewing its products. But employee reviews often involve more subtle issues, and a recent NAD decision on some of those issues may surprise some readers.
https://www.adlawaccess.com/2023/06/articles/nad-takes-strict-position-on-employee-endorsements/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Last week, a mental-health chatbot used by the National Eating Disorder Association suddenly began giving diet advice to people seeking help for eating disorders. The rogue chatbot had apparently been developed as a closed system, but the software developer rolled out an AI component to the chatbot in 2022. NEDA claims it was not consulted about the update and did not authorize it. The organization has now taken the chatbot offline.
https://www.adlawaccess.com/2023/06/articles/when-chatbots-go-rogue/
Kate White kwhite@kelleydrye.com (202) 342-8855 https://www.kelleydrye.com/Our-People/Katherine-White
Ioana Gorecki igorecki@kelleydrye.com (202) 342-8417 https://www.kelleydrye.com/Our-People/Ioana-Gorecki
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Last month, the Texas Attorney General agreed to a settlement in principle with car manufacturers Audi and Volkswagen requiring them to pay a civil penalty of $85 million for alleged violations of the Texas Clean Air Act and environmental regulations. In 2015, the Texas AG filed separate consumer protection and environmental lawsuits against Volkswagen and Audi alleging that the companies used illegal emission-evading technology to defeat state emission tests. Texas had settled its consumer protection at the same time as a multistate settlement agreement in November 2016.
https://www.adlawaccess.com/2023/06/articles/texas-ags-broad-jurisdiction-results-in-settlement-with-vw-and-audi/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Caroline Schmitz cschmitz@kelleydrye.com (202) 342-8459 https://www.kelleydrye.com/Our-People/Caroline-T-Schmitz
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When a disclosure is necessary to prevent an ad from being misleading, the disclosure must be presented in a “clear and conspicuous” manner. Exactly what that means depends a lot on the context, but one question we get regularly is whether disclosures can be presented through a hyperlink. In a recent decision involving ads for HelloFresh, NAD looked at FTC guidance and considered just how much of a disclosure can appear on a separate page.
https://www.adlawaccess.com/2023/05/articles/nad-addresses-hyperlinked-disclosures/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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As we have previously reported, State Attorneys General have joined other enforcers in addressing the latest AI technology. At the recent 2023 NAAG Consumer Protection Spring Conference, two separate panels discussed how the AGs are focusing on AI.
https://www.adlawaccess.com/2023/05/articles/ags-and-ai-transparency-is-key/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun
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The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health information, and as evidenced by the FTC’s tentative agenda for its next open meeting later this month on potential rulemaking regarding amending the Health Data Breach Notification Rule (a point which is curious given its prior policy statement already attempting to expand its scope, which we discussed here).
https://www.adlawaccess.com/2023/05/articles/the-ftc-is-not-the-only-one-tracking-your-use-of-health-information/
Alysa Hutnik ahutnik@kelleydrye.com (202) 342-8603 https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Lauri Mazzuchetti lmazzuchetti@kelleydrye.com (973) 503-5910 https://www.kelleydrye.com/Our-People/Lauri-A-Mazzuchetti
Whitney Smith wsmith@kelleydrye.com (973) 503-5923 https://www.kelleydrye.com/Our-People/Whitney-M-Smith
Emily Clark eclark@kelleydrye.com (973) 503-5934 https://www.kelleydrye.com/Our-People/Emily-E-Clark
Sabrina Morelli smorelli@kelleydrye.com (212) 808-5962 https://www.kelleydrye.com/Our-People/Sabrina-Eve-Morelli
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This week, the FTC held its Talking Trash at the FTC workshop, a four-hour event intended to examine “recyclable” claims in ads. We’ve sifted through some of the trash and pulled out a few things worth noting.
https://www.adlawaccess.com/2023/05/articles/talking-trash-at-the-ftc-event-recap/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Katie Rogers krogers@kelleydrye.com (202) 342-8455 www.kelleydrye.com/Our-People/Katherine-Rogers
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Google updated its privacy terms earlier this month, shifting away from offering many of its advertising services on a “service provider” basis. With the change, Google states that its Customer Match, Audience Partner API, and certain audience-building services no longer meet the CCPA’s strict new requirements to be offered on a “service provider” basis. The implication of this change is that companies leveraging these services are “selling” or “sharing” personal information and will need to offer consumers an opportunity to opt out.
https://www.adlawaccess.com/2023/05/articles/with-july-1st-in-view-google-updates-ccpa-contract-terms/
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 https://www.kelleydrye.com/Our-People/Alexander-I-Schneider
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Abraham Lizama purchased a turquoise sweater from H&M’s “Conscious Choice” collection, a line of clothing “created with a little extra consideration for the planet” which generally include “at least 50% of more sustainable materials.” Although we imagine that Lizama looked quite handsome in his sweater, he soon regretted his purchase and filed a class action against the retailer, accusing it of greenwashing because the sweater did not meet his view about what’s good for the environment.
https://www.adlawaccess.com/2023/05/articles/hm-wins-dismissal-in-greenwashing-suit/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Katie Rogers krogers@kelleydrye.com (202) 342-8455 https://www.kelleydrye.com/Our-People/Katherine-Rogers
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State AG executives and consumer protection staff gathered for the 2023 NAAG Consumer Protection Spring Conference. After a warm welcome to Florida by John Guard, Chief Deputy Attorney General in Florida, first on the agenda was the much-anticipated discussion with Attorney General John Formella of New Hampshire and AG executives Lacey Mase, Chief Deputy in Tennessee, Jennifer Levy, First Assistant Attorney General in New York, and Nathan Blake, Colorado Deputy Attorney General for Consumer Protection. The panel was moderated by prominent Consumer Protection figures Jeff Hill, Executive Counsel in Tennessee and Susan Ellis, Division Chief of the Consumer Protection Division in Illinois.
https://www.adlawaccess.com/2023/05/articles/now-and-in-10-ag-consumer-priorities-and-challenges-today-and-tomorrow/
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson
Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun
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In the past couple years, the Federal Trade Commission has gone 0 for 2 before the Supreme Court. In AMG, the Court found that Section 13(b) of the FTC Act does not provide the Commission with the authority to obtain equitable monetary relief. Last month, in Axon, the Court held that parties need not wait until the conclusion of administrative proceedings before challenging the constitutionality of the FTC’s structure, but may bring their complaints to district courts. Given this recent track record, the Commission probably wasn’t thrilled to find itself before the Fifth Circuit, defending against constitutional challenges raised by Traffic Jam Events, and its owner, David Jeansonne.
https://www.adlawaccess.com/2023/05/articles/deja-vu-the-5th-circuit-hears-yet-another-challenge-to-constitutionality-of-an-administrative-agency/
Caroline Schmitz cschmitz@kelleydrye.com (202) 342-8459 https://www.kelleydrye.com/Our-People/Caroline-T-Schmitz
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During the Federal Trade Commission’s (FTC) Open Meeting on May 18, the Commissioners unanimously voted to adopt the Policy Statement on Biometric Information and Section 5 of the FTC Act. The Policy Statement broadly defines biometric data, catalogues the risks the Commission believes are posed by technology that utilizes biometric information, and imposes substantive requirements on companies employing these technologies.
https://www.adlawaccess.com/2023/05/articles/ftc-adopts-policy-statement-on-biometric-data/
Kate White kwhite@kelleydrye.com (202) 342-8855 https://www.kelleydrye.com/Our-People/Katherine-White
Ali Albazzaz aalbazzaz@kelleydrye.com (312) 857-2619 https://www.kelleydrye.com/Our-People/Ali-Albazzaz
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In January 2022, the Texas Attorney General filed a lawsuit against Google alleging that the company engaged iHeartMedia DJs to provide endorsements for its Pixel 4 phone, even though they had never used it. In November 2022, the FTC and several state attorneys general announced settlements with Google and iHeartMedia over the same conduct. Although Texas settled with iHeartMedia, it continued to separately pursue its case against Google. Last week, the parties agreed to a settlement.
https://www.adlawaccess.com/2023/05/articles/google-to-pay-8-m-to-settle-with-texas-over-dj-endorsements/
Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer
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Earlier this week, FDA issued draft guidance for staff updating the agency’s existing enforcement policy regarding major food allergen labeling and cross-contact prevention. The updated guidance reflects the addition of sesame as a major allergen, discusses how allergens must be disclosed when used as an ingredient in packaged food, and details the preventive controls provisions in 21 CFR § 117 applicable to preventing allergen cross contact. The updated guidance also details the circumstances in which failure to properly declare allergens or prevent cross-contact render a food misbranded or adulterated. Stakeholders have until July 17th to submit comments.
https://www.adlawaccess.com/2023/05/articles/fda-updates-draft-cpg-regarding-major-food-allergen-labeling-and-cross-contact-what-manufacturers-and-food-retailers-should-do-next/
Kristi Wolff kwolff@kelleydrye.com (202) 342-8805 www.kelleydrye.com/Our-People/Kristi-L-Wolff
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Our State AG webinar series continues with Connecticut Attorney General William Tong and Chief of the Privacy Consumer Protection Section Michele Lucan. During our webinar, the Connecticut AG’s office described their structure and the tools available to them to enforce the state’s consumer protection laws. In particular, as the fifth state to pass comprehensive privacy legislation, AG Tong highlighted the AG office’s privacy priorities and agenda which we will focus on here in Part I. We will explore the more general consumer protection topics in Part II. In case you missed it, here is a recording of the webinar.https://www.adlawaccess.com/2023/05/articles/state-ags-and-consumer-protection-what-we-learned-from-connecticut-part-i/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunKaelyne Wietelmankwietelman@kelleydrye.com(202) 342-8478https://www.kelleydrye.com/Our-People/Kaelyne-Yumul-WietelmanSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Can claims that are factually true still be deceptive? This is the question before a Connecticut federal court. Last summer, Tonya Akes, a consumer, sued Beiersdorf, Inc., maker of Coppertone sunscreen, alleging that Beiersdorf engaged in deception because it sold the SPF 50 Coppertone Sport Mineral Face sunscreen, which she alleges she believed was “specifically designed” for use on the face based on the front-of-pack claims, at twice the price as the regular Coppertone Sport Mineral sunscreen, despite the formulas being identical.https://www.adlawaccess.com/2023/05/articles/two-faced-coppertone-case-tests-whether-factually-true-claims-are-deceptive/Kristi Wolffkwolff@kelleydrye.com(202) 342-8805https://www.kelleydrye.com/Our-People/Kristi-L-WolffSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
My Patriot Supply (or “MPS”) and 4Patriots both make long-term survival food kits and related products. If a natural disaster strikes, if AI-powered bots wreak havoc on humanity, or if you just want to binge-watch your favorite shows and tune out the rest of the world, these companies have your back. But they don’t have each other’s backs.https://www.adlawaccess.com/2023/05/articles/advertising-lessons-from-the-survival-industry/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On June 27, 2023, “online marketplaces” (i.e., online selling platforms like Amazon and EBay) will have some brand new obligations. So will many of the third party sellers that operate on these platforms.https://www.adlawaccess.com/2023/05/articles/new-law-governing-online-platforms-and-sellers-takes-effect-in-june-are-you-ready/Jessica Richjrich@kelleydrye.com(202) 342-8580https://www.kelleydrye.com/Our-People/Jessica-L-RichSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Over the past few weeks, we’ve posted about a few cases involving pricing claims, including a post discussing a lawsuit over a grocer’s BOGO offers, a post discussing a lawsuit over major retailer’s frequent sales, and a post discussing an NAD challenge over claims that a smaller retailer made about its sales. If those didn’t catch your attention, today’s post about a $197 million settlement should.https://www.adlawaccess.com/2023/05/articles/retailer-to-pay-197-million-to-settle-pricing-claims/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Mike Lindell – the “My Pillow Guy” – makes pillows that are soft to touch and claims that are hard to prove. In 2021, Lindell announced that he had compiled evidence demonstrating that China had interfered in the 2020 presidential election. He was so confident in the evidence that he launched the Prove Mike Wrong Challenge, a contest with one goal: “Find proof that this cyber data is not valid data from the November Election. For the people who find the evidence, 5 million is their reward.”https://www.adlawaccess.com/2023/04/articles/promotions-lessons-from-the-my-pillow-guy/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On Tuesday April 18, FTC Chair Khan, and Commissioners Bedoya and Slaughter spent almost three hours responding to criticism and compliments before its House oversight panel. Only occasionally did the hearing cover its title subject – “Fiscal Year 2024 Federal Trade Commission Budget” – and the reaction was not encouraging for the agency. For most of the hearing the Members and Commissioners debated the FTC’s performance.Bill MacLeodwmacleod@kelleydrye.com(202) 342-8811www.kelleydrye.com/Our-People/William-C-MacLeodDarby Hobbsdhobbs@kelleydrye.com(202) 342-8412www.kelleydrye.com/Our-People/Darby-B-HobbsSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
When a Chairman opens an appropriation hearing with these words, an agency seeking funds has a tough task ahead. Undaunted, FTC Chair Lina Khan turned on the charm and often mollified her critics. Appropriators pressed her about the FTC’s proposals to ban non-compete clauses and regulate auto dealers. They complained about reports of scams and fraud on the rise while the FTC pursued subjective notions of competition. In the end, she fared better than all the Commissioners did a week earlier in oversight hearings, but she did not hear an endorsement of her budget request.Bill MacLeodwmacleod@kelleydrye.com(202) 342-8811https://www.kelleydrye.com/Our-People/William-C-MacLeodDarby Hobbsdhobbs@kelleydrye.com(202) 342-8412www.kelleydrye.com/Our-People/Darby-B-HobbsSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The FTC took unprecedented action yesterday when it moved to impose what it describes as a “blanket prohibition” preventing the company from monetizing young people’s data. The FTC contends that this prohibition is warranted as a result of repeated violations of Meta’s 2020 consent order (“Proposed Order”).https://www.adlawaccess.com/2023/05/articles/ftc-attempts-end-run-to-ban-meta-from-monetizing-minors-data/Aaron Bursteinaburstein@kelleydrye.com(202) 342-8453www.kelleydrye.com/Our-People/Aaron-J-BursteinAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603www.kelleydrye.com/Our-People/Alysa-Z-HutnikJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423https://www.kelleydrye.com/Our-People/John-E-VillafrancoSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (MHMD). The law has an effective date of July 23, 2023, but the deadline to comply with most of its requirements is March 31, 2024.* While the 2023 state legislative season may see the addition of four comprehensive privacy laws (Iowa, Indiana, Montana, and Tennessee), My Health My Data (HB 1155) could have the most far-reaching impact on businesses.https://www.adlawaccess.com/2023/04/articles/my-health-my-data-washingtons-health-data-privacy-revolution/Aaron Bursteinaburstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/Our-People/Aaron-J-BursteinAlysa Hutnikahutnik@kelleydrye.com(202) 342-8603https://www.kelleydrye.com/Our-People/Alysa-Z-HutnikSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Recently, two Washington consumers filed a proposed class action lawsuit accusing Old Navy of spamming them with emails that included false or misleading information about the duration of sales.https://www.adlawaccess.com/2023/04/articles/lawsuit-accuses-old-navy-of-creating-false-sense-of-urgency/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Enforcement in the telehealth space continues – this time with a bipartisan settlement between 11 State AGs and Visibly (f.k.a. Opternative), a vision telehealth company. Unlike recent telehealth settlements where enforcers focused on consumer privacy, the State AGs focused on whether the company’s claims about its products and services, including its online vision tests, were properly substantiated.https://www.adlawaccess.com/2023/04/articles/state-ags-see-eye-to-eye-on-recent-telehealth-settlement/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Artificial intelligence and algorithmic processes continue to remain at the top of federal law enforcement agencies’ agendas. Yesterday, the FTC, CFPB, DOJ, and EEOC issued a joint statement pledging to use their respective tools to “protect the public from bias in automated systems and artificial intelligence.”https://www.adlawaccess.com/2023/04/articles/ftc-cfpb-doj-and-eeoc-pledge-increased-focus-on-discrimination-in-ai/Ioana Goreckiigorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/Our-People/Ioana-GoreckiSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
This week, State AGs and their staff gathered to participate in the annual National Association of Attorneys General AG Symposium, where they discussed topics such as leadership, relationships with prosecutors, and Supreme Court updates. One of the most topical panels was a discussion of “Regulating Algorithms – The How and Why” moderated by Natalie Hanlon Leh, Chief Deputy AG of the Colorado AG’s Office and featuring several academics in law and technology including Professors Ellen P. Goodman, Michael Kearns, and Beth Simone Noveck.https://www.adlawaccess.com/2023/04/articles/state-ags-regulating-algorithms-the-how-and-why/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
NAD recently announced two decisions involving Biossance’s Squalane & Marine Algae Eye Cream. Neither of the decisions involved claims made by the company itself, though. Instead, the decisions involved mentions of the eye cream made by third parties – Sephora and Hello! Magazine – and NAD generally focused on the question of whether the product mentions constituted ads.https://www.adlawaccess.com/2023/04/articles/nad-eyes-affiliate-marketing/Gonzalo Mongmon@kelleydrye.com(202) 342-8576https://www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Two recently-introduced bills are sending a message in Washington D.C.: federal law should harmonize with states on marijuana issues.https://www.adlawaccess.com/2023/04/articles/lawmakers-reintroduce-key-federal-cannabis-legislation/Kristi Wolffkwolff@kelleydrye.com(202) 342-8805www.kelleydrye.com/Our-People/Kristi-L-WolffShea O'Mearasomeara@kelleydrye.com(212) 808-5042www.kelleydrye.com/Our-People/Shea-O-MearaSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Indiana’s Consumer Data Protection Act advanced in the state legislature last week and now heads to Governor Eric J. Holcomb’s desk. The bill mirrors comprehensive privacy legislation enacted in Virginia, Utah, and Iowa, further extending the reach of privacy protections in the United States but without the complex mandates found in laws in California, Colorado, and Connecticut. Following on the heels of Iowa’s Act Relating to Consumer Data Protection, Indiana’s law is expected to be the second state privacy law enacted this year, and the seventh comprehensive state privacy law overall.https://www.adlawaccess.com/2023/04/articles/whats-in-the-indiana-consumer-data-protection-act/Aaron Bursteinaburstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/Our-People/Aaron-J-BursteinAlex Schneideraschneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/Our-People/Alexander-I-SchneiderRod Ghaemmaghamirghaemmaghami@kelleydrye.com(213) 547-4912https://www.kelleydrye.com/Our-People/Rod-GhaemmaghamiSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
New York’s legal cannabis market is growing up. And it with? More regulations.The Cannabis Control Board, a subset of the Office of Cannabis Management charged with overseeing marijuana regulations statewide, approved a set of labeling, packaging, and advertising regulations. These new rules are part of a trend of more sophisticated enforcement and regulation in the cannabis industry, particularly for products that may appeal to minors.https://www.adlawaccess.com/2023/04/articles/new-yorks-cannabis-market-sees-new-advertising-rules/Kristi Wolffkwolff@kelleydrye.com(202) 342-8805https://www.kelleydrye.com/Our-People/Kristi-L-WolffShea O'Mearasomeara@kelleydrye.com(212) 808-5042https://www.kelleydrye.com/Our-People/Shea-O-MearaSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Buy One, Get One – or “BOGO” offers – are popular with consumers and almost ubiquitous in grocery stores and other retailers across the country. Although retailers have a lot of flexibility in how to structure those offers, they need to ensure that the offers aren’t structured in a manner that overstates the amount of money that consumers can save.https://www.adlawaccess.com/2023/04/articles/safeway-faces-class-action-over-bogo-offers/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Earlier this week, District of Columbia Attorney General Brian Schwalb settled one of two outstanding lawsuits against the Washington Commanders – this time over allegedly deceptive practices related to security deposits paid by season ticket holders. These deposits, which averaged $1,200, were supposed to be returned by the team thirty days after the expiration of ticket holders’ contracts, but the AG alleged they were instead retained by the team for years. Moreover, the AG alleged that the team created additional hurdles for consumers who did seek their deposits back, including requiring a signed, written request, which was never disclosed to consumers as a requirement for a refund. Former AG Karl Racine originally brought the case in 2022 alleging that this conduct violated the District of Columbia Consumer Protection Procedures Act (“CPPA”).https://www.adlawaccess.com/2023/04/articles/d-c-attorney-general-settles-with-washington-commanders-over-misleading-deposits/Paul Singerpsinger@kelleydrye.com(202) 342-8672https://www.kelleydrye.com/Our-People/Paul-L-SingerSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The FTC sent out new penalty offense notices to 670 companies today, warning them that failure to substantiate product claims could result in civil penalties of more than $50,000. The companies also received copies of the FTC’s previously-issued penalty offense notices regarding endorsements and testimonials. This represents the FTC’s fourth round of penalty offense notices (previous notices involved education practices, money-making opportunities, and endorsements).https://www.adlawaccess.com/2023/04/articles/ftc-sends-penalty-offense-notices-to-nearly-700-companies-regarding-product-claims-substantiation/John Villafrancojvillafranco@kelleydrye.com(202) 342-8423https://www.kelleydrye.com/Our-People/John-E-VillafrancoIoana Gorecki igorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/Our-People/Ioana-GoreckiSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
While it may be common knowledge for many that state attorneys general (State AGs) bring enforcement actions under state consumer protection laws, it is likely less well-known that the State AGs also serve a role under the Class Action Fairness Act (CAFA). State AGs typically receive notice through CAFA as “appropriate state officials” if the settlement proposed includes class members in their state.https://www.adlawaccess.com/2023/04/articles/state-ags-and-their-role-in-class-actions/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, in its most high-profile effort yet to focus attention on data privacy and security, the House Committee on Energy & Commerce held a hearing with TikTok’s CEO Shou Zi Chew. The full-Committee hearing was high drama, with sharp statements and accusations about TikTok’s connections to the Chinese government, wide attendance by Committee members, and extensive press coverage during the hearing and afterwards. Some members (notably Chairwoman Cathy McMorris Rodgers) called for TikTok to be banned from the U.S., while others asked pointed questions without committing to support a ban. Members also used the opportunity to push for federal privacy legislation (and specifically the bipartisan ADPPA), which they said would help to address the dangers posed by Big Tech companies like TikTok.https://www.adlawaccess.com/2023/03/articles/is-time-really-up-for-tiktok-details-from-the-house-committee-hearing-with-tiktok-ceo-shou-zi-chew/Jessica Richjrich@kelleydrye.com(202) 342-8580https://www.kelleydrye.com/Our-People/Jessica-L-RichDarby Hobbsdhobbs@kelleydrye.com(202) 342-8412https://www.kelleydrye.com/Our-People/Darby-B-HobbsSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Negotiating exclusivity provisions in agency agreements can often be difficult. Companies want to broadly prevent agencies from working for competitors, while agencies are reluctant to cut off other sources of work. In most cases, though, once the parties have settled on the terms, the relationship moves forward and any disputes are resolved amicably behind the scenes. A recent lawsuit filed by Mars Wrigley against a promotions agency demonstrates that’s not always the case, though.https://www.adlawaccess.com/2023/04/articles/mars-sues-agency-over-breach-of-exclusivity-provisions/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Back in October of 2021, the FTC announced a settlement with Resident Home, LLC and its CEO, Ran Reske, for deceptively advertising its DreamCloud brand mattresses as being made with 100% USA-made materials. The administrative settlement included $753,300 in monetary redress pursuant to Section 19 of the FTC Act. Despite agreeing that Resident Home had violated the law, then-Commissioners Phillips and Wilson dissented to the settlement on the grounds that the monetary relief exceeded the Commission’s authority. [Full disclosure: the author worked as an Attorney Advisor for Commissioner Phillips from February 2021-October 2022.]https://www.adlawaccess.com/2023/04/articles/consumer-redress-amount-doesnt-add-up/Kate Whitekwhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/Our-People/Katherine-WhiteSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
If you want to advertise that something is the “best,” do you need substantiation? Or can you rely on a puffery argument? Although the answer depends on context, one paragraph in a recent NAD decision seems to conflict with longstanding precedent.Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Our State AG webinar series continues, this time with Ohio Attorney General Dave Yost and Chief of the Consumer Protection Section Melissa Wright. During our webinar, the Ohio AG’s office highlighted its consumer protection work as it relates to veterans and its Robocall Enforcement Unit. In case you missed it, here is a recording of the webinar. We have also recapped what we learned below.https://www.adlawaccess.com/2023/03/articles/state-ags-and-consumer-protection-what-we-learned-from-ohio/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunDarby Hobbsdhobbs@kelleydrye.com(202) 342-8412https://www.kelleydrye.com/Our-People/Darby-B-HobbsSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we count down the last days of March, we mark the end of Christine Wilson’s tenure at the Federal Trade Commission. Set to resign March 31, Commissioner Wilson will have served four and a half years at the FTC – a little longer than a single presidential term. What many probably don’t know, however, is that she had prepared for this job her entire professional life.https://www.adlawaccess.com/2023/03/articles/thank-you-commissioner-wilson/John E. Villafrancojvillafranco@kelleydrye.com(202) 342-8423https://www.kelleydrye.com/Our-People/John-E-VillafrancoSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
This week, 22 State AGs led by Wisconsin, sent Hyundai and Kia a letter criticizing the companies’ lack of anti-theft immobilizers and use of a customer service campaign instead of a recall to address the problem. The letter blames the car makers for “lack of responsibility for the crisis” of car thefts with “alarmingly high rates of thefts” saying they are harming consumers and affecting public safety. Vehicle owners, the letter states, may be unable to insure their automobiles as insurance companies State Farm and Progressive have announced they have denied policies. The companies made the choice not to follow suit regarding industry practice to include the anti-theft devices as standard in the US, yet included the immobilizers in Canada and Europe. (It should be noted that Canada and EU transportation agencies appear to require these by law, and NHTSA does not).https://www.adlawaccess.com/2023/03/articles/state-ags-to-businesses-protect-your-customers-from-criminal-activity/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
If you’re offering any products or services involving a negative option or automatic renewal plan, pay close attention to the FTC’s announcement today of a proposed rule that would drastically alter requirements for negative option disclosures while simultaneously granting the agency authority to seek redress and civil penalties for misrepresentations unrelated to the negative option transaction itself, such as claims related to underlying products, features, and services. Among other things, the rule as proposed would require that cancellation be “at least as easy to use as the method the consumer used to initiate the Negative Option Feature,” and that companies obtain consent before trying to “save” a cancellation attempt and provide annual reminders for services that do not involve the physical delivery of goods.https://www.adlawaccess.com/2023/03/articles/ftc-proposes-massive-expansion-of-negative-option-rule-would-provide-redress-and-civil-penalty-authority-for-deceptive-practices-unrelated-to-the-negative-option-transaction/Ioana Goreckiigorecki@kelleydrye.com(202) 342-8417https://www.kelleydrye.com/Our-People/Ioana-GoreckiDonnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645https://www.kelleydrye.com/Our-People/Donnelly-L-McDowellSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On February 16, 2023, the Attorneys General of Ohio and Pennsylvania announced a settlement with Ohio-based DNA Diagnostics Center (“DDC”) for a 2021 data breach which involved 2.1 million residents nationwide, including the social security numbers of over 45,000 Ohio and Pennsylvania residents. As a part of the settlement, which resolves alleged violations of Ohio and Pennsylvania consumer protection laws, DDC will pay $400,000 in fines and will be required to implement improved security practices.https://www.adlawaccess.com/2023/03/articles/dna-diagnostics-center-settles-data-breach-with-ohio-and-pennsylvania-attorneys-general/Elliott Siebersesiebers@kelleydrye.com(213) 547-4911https://www.kelleydrye.com/Our-People/Elliott-SiebersAli Albazzazalbazzaz@kelleydrye.com(312) 857-2619https://www.kelleydrye.com/Our-People/Ali-AlbazzazSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
If Iowa Governor Kim Reynolds signs Senate File (SF) 262, the Hawkeye State will become the sixth state to adopt a comprehensive consumer privacy law. Iowa’s House and Senate have both passed Senate File 262 unanimously. If approved, SF 262 will go into effect January 1, 2025.https://www.adlawaccess.com/2023/03/articles/iowa-a-sixth-state-privacy-law/#more-11487Aaron Bursteinaburstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/Our-People/Aaron-J-BursteinRod Ghaemmaghamirghaemmaghami@kelleydrye.com(213) 547-4912https://www.kelleydrye.com/Our-People/Rod-GhaemmaghamiSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or “ABA”). NAD found that several of ABA’s claims – including claims that “our bottles are made to be remade” and “we’re carefully designing our bottles to be 100% recyclable” – were substantiated, but had concerns with others. ABA appealed the decision. Last week, NARB issued its own decision, siding with NAD. Here are some highlights.https://www.adlawaccess.com/2023/03/articles/narb-recommends-better-distinction-between-current-achievements-and-future-goals/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
If a third-party writes a good review of your product – or, even better, rates it as one of the best – can you link to that review? A new NAD decisions suggests that the answer may not be as easy as people think.https://www.adlawaccess.com/2023/03/articles/nad-explores-when-companies-can-be-responsible-for-third-party-reviews/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
As we have discussed, most consumer protection laws give attorneys general broad authority to perform pre-litigation discovery through investigative subpoenas, often termed “civil investigative demands” (CIDs). Many attorneys general can also require sworn statements and answers to interrogatories pursuant to this statutory authority. Businesses should be aware (and beware) that failure to comply with a CID, in whole or in part, can have serious consequences.https://www.adlawaccess.com/2023/03/articles/state-attorney-general-civil-investigative-demands-take-them-seriously/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On March 13, 2023, the FTC submitted its 2024 budget request to Congress, along with a performance plan for FY 2023-2024 and a performance report for FY 2022. While generally an aspirational document, the budget includes a few notable asks that provide clues about agency priorities in the consumer protection space..https://www.adlawaccess.com/2023/03/articles/reading-the-tea-leaves-in-the-ftcs-2024-congressional-budget-request/Ioana Gorecki IGorecki@kelleydrye.com(202) 342-8417Bio: https://www.kelleydrye.com/Our-People/Ioana-GoreckiSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
A recent post on the FTC’s Business Blog notes that although there may be disagreement about what “artificial intelligence” or “AI” is, those terms are being used in marketing campaigns, and the FTC worries that some advertisers “won’t be able to stop themselves from overusing and abusing them.” To help those advertisers out, the FTC’s post includes four questions that they should ask themselves.https://www.adlawaccess.com/2023/03/articles/ftc-reminds-advertisers-to-keep-ai-claims-in-check/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
For $9.99 per month, Pier 1 offers Pier 1 Rewards, a loyalty program that includes benefits such as a 10% discount on all purchases and free shipping and returns on eligible items. Until recently, when a consumer added an item to a cart, the company would automatically also add the Pier 1 Rewards membership to the cart (with a pre-checked box indicating acceptance) and apply the 10% discount. A consumer had to uncheck the box to remove the membership from the cart.https://www.adlawaccess.com/2023/03/articles/nad-finds-dark-patterns-in-a-rewards-program/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Our State AG webinar series continues, this time with Consumer Protection Division Director Kevin Anderson and Deputy General Counsel Daniel Mosteller of the North Carolina Attorney General’s Office (NC AGO). During our webinar, we learned about the office’s structure, consumer protection work as it relates to public health issues, and the tools they have pursuant to the consumer protection laws of North Carolina. In case you missed it, here is a recording of the webinar. We have also recapped what we learned below.https://www.adlawaccess.com/2023/03/articles/state-ags-and-consumer-protection-what-we-learned-from-north-carolina/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunKaelyne Wietelmankwietelman@kelleydrye.com(202) 342-8478www.kelleydrye.com/Our-People/Kael…Yumul-WietelmanSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
For the second time in as many months, the Federal Trade Commission (FTC) last week announced a settlement alleging that a company’s the use and disclosure of consumers’ health information for online advertising violated the law. The BetterHelp settlement indicates that the FTC takes a broad view of what constitutes “health information,” but it raises questions about how the FTC will apply its reinterpretation of the Health Breach Notification Rule under its September 2021 policy statement.https://www.adlawaccess.com/2023/03/articles/ftc-to-advertisers-were-tracking-your-use-of-health-information/Aaron BursteinABurstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/Our-People/Aaron-J-BursteinLaura Riposo VanDruffLVanDruff@kelleydrye.com(202) 342-8435https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruffSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, as severe weather hit the country, price gouging laws were triggered ranging as far as California to Kentucky. And as we’ve previously reported, complying with the varied state price gouging laws can be tricky, especially where they use undefined terms like “excessive” or “exorbitant” to define price gouging. Last week the New York Attorney General announced proposed rules designed strengthen enforcement of New York’s price gouging law, which was last updated in 2020 to grant the Office of the Attorney General (or “OAG”) rulemaking authority. The rules would provide some needed clarity to the existing law, but would also impose new restrictions.https://www.adlawaccess.com/2023/03/articles/ny-attorney-general-proposes-price-gouging-rules/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerGonzalo E. MonPhone: (202) 342-8576Email: gmon@kelleydrye.comBio: www.kelleydrye.com/Our-People/Gonzalo-E-MonAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
This past week, the internet lit up over whether it was okay for President Biden and the First Lady to order the same dish at the Red Hen. In this issue, we invite you to read the February highlights on clean labeling false advertising litigation, updates on green claims, thoughts on whether light beer should taste like beer, FDA’s plant-based milks draft guidance, and USDA’s enhanced authority on “organic” claims with the same level of fascination.Kristi WolffKWolff@kelleydrye.com(202) 342-8805Bio - https://www.kelleydrye.com/Our-People/Kristi-L-WolffCristina FerrettiCFerretti@kelleydrye.com(212) 808-5057Bio - https://www.kelleydrye.com/Our-People/Cristina-FerrettiSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Recently, NAD released a decision in a case involving a Molson Coors ad that has received more press attention than any NAD decision in recent memory. In the ad, athletes are celebrating the completion of a difficult workout by opening a can labeled “Extremely Light Beer” and pouring the liquid over their heads while an announcer says “Light beer shouldn’t taste like water. It should taste like beer.”Anheuser-Busch filed a challenge using NAD’s Fast-Track SWIFT process, arguing that the videos falsely disparage Michelob Ultra and other light beers by claiming that consumers find them to taste like water. Molson Coors pointed out that no competitors were named and the tagline was simply “a subjective opinion about what beer should and should not taste like, which cannot be objectively proved or disproved.” In other words, mere puffery “because it is not sufficiently specific and material enough to create expectations in consumers.” But NAD didn’t agree. It deemed Coors’ claim measurable and objective and found it to be unsupported by evidence.https://www.adlawaccess.com/2023/02/articles/nad-pours-water-on-puffery-arguments/John VillafrancoJVillafranco@KelleyDrye.com(202) 342-8423kelleydrye.com/Our-People/John-E-VillafrancoGonzalo Mongmon@kelleydrye.com(202) 342-8576https://www.kelleydrye.com/Our-People/Gonzalo-E-MonJennifer FriedJFried@KelleyDrye.com(202) 719-6022https://www.kelleydrye.com/Our-People/Jennifer-E-FriedSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLaw
As we’ve described here, the Senate made major strides last year on legislation to protect children’s privacy and safety online. Indeed, two bipartisan bills sailed through a Commerce Committee markup, though they didn’t ultimately make it to the floor for a Senate vote. This year, kids’ privacy is once again getting attention, beginning with a February 14 Senate Judiciary Committee hearing on the issue. Members used the hearing to tout last year’s bills and mention some new ones, too. They also touched on other top-of-mind issues involving the tech industry, such as Section 230 reform and encryption.https://www.adlawaccess.com/2023/02/articles/senate-judiciary-hearing-on-kids-privacy-sunny-with-a-chance-of-section-230-reform/Jessica Richjrich@kelleydrye.com(202) 342-8580https://www.kelleydrye.com/Our-People/Jessica-L-RichDarby Hobbsdhobbs@kelleydrye.com(202) 342-8412https://www.kelleydrye.com/Our-People/Darby-B-HobbsSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Twitter became the first social media platform to expressly allow cannabis advertising.https://www.adlawaccess.com/2023/02/articles/twitter-is-the-first-major-social-media-platform-to-expressly-allow-cannabis-advertising/Kristi Wolffkwolff@kelleydrye.com(202) 342-8805https://www.kelleydrye.com/Our-People/Kristi-L-WolffSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
If you tell your friends about your new year’s resolutions, odds are that most of those friends won’t push you for too much detail on how you plan to achieve your goals. But if those friends work at NAD, you might expect some pointed questions about whether you have a solid plan, whether you’ve started to work on that plan, and whether your goals are realistic. They’re not going to let you get by on good intentions alone.https://www.adlawaccess.com/2023/02/articles/nad-finds-advertiser-cant-support-aspirational-net-zero-claims/Gonzalo MonGMon@kelleydrye.com(202) 342-8576https://www.kelleydrye.com/Our-People/Gonzalo-E-MonKatie RogersKRogers@kelleydrye.com(202) 342-8455https://www.kelleydrye.com/Our-People/Katherine-RogersSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On February 9, the FTC provided the CFPB with its annual summary of activities enforcing the Equal Credit Opportunity Act (ECOA). The release of this summary provides a great opportunity for a round-up and some updates on new developments in this space over the past year.https://www.adlawaccess.com/2023/02/articles/ecoa-and-beyond-recent-updates-and-developments-in-discrimination-enforcement/Ioana GoreckiIGorecki@kelleydrye.com(202) 342-8417Bio - www.kelleydrye.com/Our-People/Ioana-GoreckiSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
For the 26+ years I served at the FTC, the agency always described itself as a “law enforcement agency,” not a “regulator.” That’s because the FTC spent most of its resources on enforcing the FTC Act and other laws passed by Congress, not creating new regulations on its own. While it would be an exaggeration to say that the FTC has become a regulator in the mold of the federal banking agencies or CFPB, Chair Khan is certainly pushing the FTC in that direction. Indeed, the agency’s rulemaking activity has dramatically increased under her tenure. https://www.adlawaccess.com/2023/02/articles/is-the-ftc-a-regulator-it-sure-seems-to-be-moving-in-that-direction/Jessica Richjrich@kelleydrye.com(202) 342-8580www.kelleydrye.com/Our-People/Jessica-L-RichSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Fake reviews continue to be a hot topic in consumer protection. In 2022, we reported that six states and the Federal Trade Commission filed a lawsuit against Roomster – a platform through which people can find rooms and roommates – along with its owners, alleging that they had “inundated the internet with tens of thousands of fake positive reviews to bolster their false claims that properties listed on their Roomster platform are real, available, and verified.” At the same time, the regulators announced a settlement with an individual who allegedly sold Roomster many of the fake reviews.https://www.adlawaccess.com/2023/02/articles/ftc-and-state-ags-can-continue-joint-case-over-fake-reviews/Paul Singerpsinger@kelleydrye.com(202) 342-8672www.kelleydrye.com/Our-People/Paul-L-SingerGonzalo E. MonPhone: (202) 342-8576Email: gmon@kelleydrye.comBio: www.kelleydrye.com/Our-People/Gonzalo-E-MonAbigail Stempsonastempson@kelleydrye.com(202) 342-8678www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
While seventeen new state attorneys general are now sworn in and getting settled into their offices across the country, consumer protection continues to be the top of their agenda. Enforcement continues to take shape in different forms including individual actions, multistate investigations, and partnering with the Federal Trade Commission (FTC). This year we expect states to target particularly salient issues such as dark patterns, autorenewal concerns, and/or data security and privacy, but those priorities will continue to evolve through discussions at the forums of their main national organizations.https://www.adlawaccess.com/2023/02/articles/state-ags-and-consumer-protection-what-we-learned-from-tennessee/Paul Singerpsinger@kelleydrye.com(202) 342-8672https://www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678https://www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chunbchun@kelleydrye.com(202) 342-8671https://www.kelleydrye.com/Our-People/Beth-Bolen-ChunKaelyne Wietelmankwietelman@kelleydrye.com(202) 342-8478https://www.kelleydrye.com/Our-People/Kaelyne-Yumul-WietelmanSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Mikayla Nogueira is a 24-year-old beauty influencer with over 14 million followers on TikTok. At last count, that’s more than the number of followers we have at Ad Law Access, so she must be doing something right. (Or perhaps we’re doing something wrong by neglecting our readers’ beauty needs, but that’s a topic for another day.) In any event, Mikayla recently shared a tip that “literally just changed [her] life” and figuratively just ignited a battle on the internet.https://www.adlawaccess.com/2023/01/articles/influencers-long-lashes-could-raise-ad-law-issues/Gonzalo Mongmon@kelleydrye.com(202) 342-8576www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Instant Brands advertises that its Pyrex glass products are “Proudly Made in USA” and as “American as Apple Pie.” For many years, it appears that Instant Brands’ claims complied with the requirements set forth in FTC’s Made in USA Labeling Rule. But when the COVID-19 pandemic hit and consumers who were stuck at home turned to baking for solace, Instant Brands had trouble meeting the increased demand for its products and it had to look for options outside the country.https://www.adlawaccess.com/2023/01/articles/ftc-challenges-half-baked-made-in-usa-claims/Gonzalo Mongmon@kelleydrye.com(202) 342-8576https://www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The Federal Communications Commission (“FCC” or “Commission”) is seeking comments on a Notice of Proposed Rulemaking (NPRM) to refresh its customer proprietary network information (“CPNI”) data breach reporting requirements (the “Rule”). Adopted earlier this month by a unanimous 4-0 vote of the Commission, the NPRM solicits comments on rule revisions that would expand the scope of notification obligations and accelerate the timeframe to notify customers after a data breach involving telephone call detail records and other CPNI. The FCC cites “an increasing number of security breaches of customer information” in the telecommunications industry in recent years and the need to “keep pace with today’s challenges” and best practices that have emerged under other federal and state notification standards as reasons to update the Rule.https://www.adlawaccess.com/2023/01/articles/fcc-seeks-comments-on-updates-to-cpni-breach-reporting-rule/Aaron BursteinABurstein@kelleydrye.com(202) 342-8453https://www.kelleydrye.com/Our-People/Aaron-J-BursteinAlex SchneiderASchneider@kelleydrye.com(202) 342-8634https://www.kelleydrye.com/Our-People/Alexander-I-SchneiderSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
These days, consumers can obtain everything from newspapers to meal kits to credit monitoring services through subscriptions. The prevalence of these services, and the ease with which consumers can sign up, have gotten the attention of regulators who are concerned that some negative option marketing might confuse or trick consumers. The CFPB, FTC, and state AGs have been particularly vocal about practices they deem “dark patterns,” and continue to focus on the area. Recently, the CFPB put out guidance warning covered companies and service providers that “dark patterns” surrounding negative option marketing violate the Consumer Financial Protection Act’s prohibition on unfair, deceptive, or abusive acts or practices.https://www.adlawaccess.com/2023/01/articles/regulators-continue-to-focus-on-dark-patterns-in-negative-option-marketing/Kate WhiteKWhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/Our-People/Katherine-WhiteSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate nearly every employer in the nation. If a final rule emerges from this proposal it could potentially prohibit non-disclosure, non-solicitation, and non-recruitment agreements and functional non-compete clauses. How can individual firms and industry groups alike weigh in on one of the most substantial regulatory actions facing employers right now? And what should businesses do to prepare? Kelley Drye’s Labor and Employment practice shares practical guidance to help employers prepare for a world without noncompetes.https://www.adlawaccess.com/2023/01/articles/ftc-insights-how-employers-can-prepare-for-a-world-without-noncompetes/William MacLeodwmacleod@kelleydrye.com(202) 342-8811https://www.kelleydrye.com/Our-People/William-C-MacLeodMark Konkelmkonkel@kelleydrye.com(212) 808-7959https://www.kelleydrye.com/Our-People/Mark-A-KonkelBlythe Lovingerblovinger@kelleydrye.com(212) 808-7825https://www.kelleydrye.com/Our-People/Blythe-E-LovingerShea O'Mearasomeara@kelleydrye.com(212) 808-5042https://www.kelleydrye.com/Our-People/Shea-O-MearaJessica Richjrich@kelleydrye.com(202) 342-8580https://www.kelleydrye.com/Our-People/Jessica-L-RichKate Whitekwhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/Our-People/Katherine-WhiteSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
By now, most of our readers have likely heard about the FTC’s proposed rule to ban noncompete clauses in employment contracts, including from Kelley Drye’s other posts on the topic discussing the sheer breadth of the proposal and the potential implications for employers. In this post, we zero in on an issue that merits a lot more attention than it’s getting – namely, the serious legal and practical questions that the FTC’s proposal raises.https://www.adlawaccess.com/2023/01/articles/the-ftcs-proposal-to-ban-noncompetes-is-on-shaky-legal-ground/Jessica Richjrich@kelleydrye.com(202) 342-8580https://www.kelleydrye.com/Our-People/Jessica-L-RichKate Whitekwhite@kelleydrye.com(202) 342-8855https://www.kelleydrye.com/Our-People/Katherine-WhiteWilliam MacLeodwmacleod@kelleydrye.com(202) 342-8811https://www.kelleydrye.com/Our-People/William-C-MacLeodSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Consumers increasingly want to feel good about their buying decisions and like-minded companies often look for ways to communicate how they align with consumers through “cause marketing” campaigns. One popular type of campaign – commonly called a “commercial co-venture” or “CCV” campaign – involves a for-profit company advertising that a portion of a purchase will benefit a charity.https://www.adlawaccess.com/2023/01/articles/new-california-law-governing-commercial-co-ventures-now-partly-in-effect/Christie Grymes Thompsoncgthompson@kelleydrye.com(202) 342-8633Bio - https://www.kelleydrye.com/Our-People/Christie-Grymes-ThompsonGonzalo Mongmon@kelleydrye.com(202) 342-8576Bio - https://www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice company purporting to offer training from experts on trading strategies, made a series of unsubstantiated earnings claims such as “make $24,840 or more every single week,” “track the BIG money,” and the opportunity may “quite literally transform your life.”https://www.adlawaccess.com/2023/01/articles/two-firsts-for-ftc-civil-penalty-enforcement-rosca-for-automatic-renewals-and-penalty-offense-authority-for-money-making-claims/Donnelly McDowelldmcdowell@kelleydrye.com(202) 342-8645Bio - https://www.kelleydrye.com/Our-People/Donnelly-L-McDowellJohn Villafrancojvillafranco@kelleydrye.com(202) 342-8423Bio - https://www.kelleydrye.com/Our-People/John-E-VillafrancoSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Last week, the Federal Trade Commission revealed what it meant when it vowed to be more than an antitrust and consumer protection agency. It announced a proposal to regulate virtually every labor and service relationship in the United States and make it more lucrative for people to quit.https://www.adlawaccess.com/2023/01/articles/ftc-proposes-to-regulate-virtually-every-labor-relationship-in-the-united-states/William MacLeodwmacleod@kelleydrye.com(202) 342-8811Bio - https://www.kelleydrye.com/Our-People/William-C-MacLeodSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
We periodically stumble across older FTC investigations that have new relevance, and post about them as reminders. That happened recently as we get more questions about the use of recycled content and the desire to tout U.S.-based manufacturing. Although the FTC’s Enforcement Policy Statement and regulation regarding Made in USA claims do not mention how to evaluate recycled content, in a 2014 FTC Staff Advisory Opinion the Staff declined to consider the recycling process as a “new life cycle” and disregard the origin of the jewelry returned for recycling.Christie Grymes Thompsoncgthompson@kelleydrye.com(202) 342-8633Bio - https://www.kelleydrye.com/Our-People/Christie-Grymes-ThompsonKatrina Hatahetkhatahet@kelleydrye.com(202) 342-8553Bio - https://www.kelleydrye.com/Our-People/Katrina-HatahetSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Downloading an app, buying a product or service, or otherwise interacting with a company frequently requires consumers to consent to multi-page contracts. In a new proposed rule, the CFPB would require nonbank financial companies subject to the CFPB’s supervisory jurisdiction to register any use of such form contracts if they contain terms that seek to waive or limit consumer rights and legal protections. Ioana Gorecki IGorecki@kelleydrye.com(202) 342-8417Bio - https://www.kelleydrye.com/Our-People/Ioana-GoreckiSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
We have previously discussed the emphasis that the FTC has put on fake reviews throughout 2022, with proposed updates to the Endorsement Guides and a proposed rule to combat fake reviews in addition to enforcement efforts. State Attorneys General continue to also make fake reviews a top priority. Washington Attorney General Bob Ferguson closed out 2022 by filing suit against Allure Esthetic, a Seattle-area plastic surgery provider, and Javad Sajan individually, alleging a series of practices.Paul Singerpsinger@kelleydrye.com(202) 342-8672Bio - https://www.kelleydrye.com/Our-People/Paul-L-SingerSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The 2019 movie Yesterday is about a world without the Beatles. The 2022 lawsuit over Yesterday is about a movie without Ana de Armas. Two fans who each paid $3.99 to rent the movie based on seeing the actress in the trailer decided to sue Universal after seeing that she had been removed from the final cut of the film.https://www.adlawaccess.com/2022/12/articles/ana-de-armas-fans-move-forward-on-false-advertising-suit/Gonzalo Mongmon@kelleydrye.com(202) 342-8576Bio - www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
While State Attorneys General have been clear that social media companies are generally on their radar for a variety of consumer protection concerns, TikTok has been the latest to make headlines in recent weeks. For example, multiple states have banned TikTok from government phones, and a federal government ban may soon follow, because of concerns about the Chinese government’s control over the platform. Higher education institutions are also joining in the app’s ban with Georgia public colleges and the University of Oklahoma being two of the most recent to do so. Recently, Indiana Attorney General Todd Rokita filed two complaints focused on the TikTok app, which were based on two very different theories, including a foreign component in one. The cases both allege violations of the state’s Deceptive Consumer Sales Act.adlawaccess.com/2022/12/articles/it-may-be-time-for-tiktok-to-change-its-ways-if-state-ags-have-any-say/Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678Bio - www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
The FTC has released two companion settlements resolving allegations that Epic Games (maker of the popular video game Fortnite) violated the Children’s Online Protection Act (COPPA) and the FTC Act, with Epic to pay $520 million in penalties and consumer redress. The cases build on existing FTC law and precedent but add new dimensions that should interest a wide array of companies subject to FTC jurisdiction. Notably, the first case alleges COPPA violations (compromising the privacy and safety of users under 13) but adds allegations that Epic violated teens’ privacy and safety, too. And the second case alleges unauthorized in-app purchases – not just by kids, which was the focus of earlier FTC cases, but by users of all ages. Both cases rely on unfairness theories in extending their reach. Both incorporate the (now ever-present) concept of dark patterns (generally defined as practices that subvert or impair user choice). And both got a 4-0 Commission vote, with a strong concurrence from Republican Commissioner Wilson explaining her support for the FTC’s use of unfairness here. Neither case names any individuals.https://www.adlawaccess.com/2022/12/articles/two-epic-cases-from-the-ftc-spotlight-on-coppa-unfairness-teens-dark-patterns-in-app-purchases-cancellations-and-more/#more-11227Jessica RichJRich@kelleydrye.com(202) 342-8580Bio - https://www.kelleydrye.com/Our-People/Jessica-L-RichSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Yesterday, the FTC’s Bureau of Consumer Protection released its Health Products Compliance Guidance—a sweeping overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. Unlike the recently announced effort to review its Green Guides, the FTC did not seek public comment prior to issuing this update. According to an FTC blog post that accompanied its release, the new Guidance purports to “correct misunderstandings” and “urban myths” that have circulated about FTC substantiation standards. In actuality, however, the new Guidance represents a recitation of some of the positions the agency has taken in health-related enforcement matters over the last decade, continuing a stark departure from the prior “flexible” approach to substantiation set forth in the 1998 Guidance.While FTC guidance does not have the force and effect of law, if a person or company fails to comply with a guide, the Commission might bring an enforcement action alleging an unfair or deceptive practice in violation of the FTC Act. This makes the new Guidance a must-read for any company operating in the food, supplement, personal care, health equipment or app, or related industries.John E. Villafrancojvillafranco@kelleydrye.com(202) 342-8423Bio - https://www.kelleydrye.com/Our-People/John-E-VillafrancoKristi L. Wolffkwolff@kelleydrye.com(202) 342-8805Bio - https://www.kelleydrye.com/Our-People/Kristi-L-WolffJaclyn M. Metzingerjmetzinger@kelleydrye.com(212) 808-7843Bio - https://www.kelleydrye.com/Our-People/Jaclyn-M-MetzingerGlenn T. Grahamggraham@kelleydrye.com(973) 503-5917Bio - https://www.kelleydrye.com/Our-People/Glenn-T-GrahamCaitlin R. Hickeychickey@kelleydrye.com(202) 342-8503Bio - https://www.kelleydrye.com/Our-People/Caitlin-R-HickeySubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Money-back guarantees can often be subject to detailed terms and conditions. When advertising those guarantees, clients often ask us how much has to be disclosed in an ad itself, versus how much can be disclosed on a landing page. Although there isn’t a bright line rule, a recent NAD challenge sheds light on what practices may lead to complaints.https://www.adlawaccess.com/2022/12/articles/nad-challenge-addresses-disclosures-for-money-back-guarantees/Gonzalo Mongmon@kelleydrye.com(202) 342-8576Bio - www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Recently, we reported that the AGs (including the DC Attorney General’s Office) are paying close attention to delivery and service fees. Sure enough, the DC AG’s office filed yet another lawsuit related to delivery fees on December 7.The District alleges that Amazon’s Flex tipping practices deceived customers from 2016-2019, stopping only after an FTC investigation ultimately resulted in a 2021 settlement. While Amazon had represented that all tips would be paid to drivers, in actuality, tips were deducted out of payments to those drivers. This resulted in a net benefit to Amazon, rather than to the drivers, which the AG claims was contrary to customer expectations and deceptive even in the eyes of its own employees. The District is seeking civil penalties and a court order to ensure that Amazon is never able to engage in this practice again. The FTC settlement included a $61.7 million payment which represents the full amount that Amazon allegedly withheld from drivers and will be used by the FTC to compensate drivers. Amazon argues that the FTC settlement has resolved the issues in this matter.https://www.adlawaccess.com/2022/12/articles/tipping-point-for-state-attorneys-general/Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempsonastempson@kelleydrye.com(202) 342-8678Bio - www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the Green Guides were last updated in 2012, so they don’t always provide clear answers to today’s questions. That may change, now that the FTC has started the process of updating the Guides.Recently, the FTC announced that it is inviting the public to submit comments in response to a series of 31 broad questions, most of which have various sub-questions.https://www.adlawaccess.com/2022/12/articles/ftc-starts-process-of-updating-green-guides/Gonzalo Mongmon@kelleydrye.com(202) 342-8576Bio - https://www.kelleydrye.com/Our-People/Gonzalo-E-MonSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone Roach
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider what they might mean for the future.https://www.adlawaccess.com/2022/12/articles/top-advertising-law-developments-in-2022/ContactKDW Ad Law GroupDCAdvertisingAttorneys@kelleydrye.com(202) 342-8576Bios - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-ComplianceSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced, for the final time, by Jeff Scurry - www.linkedin.com/in/jeffscurry
At the National Association of Attorneys General Capital Forum, FTC Chair Lina Khan and CFPB Director Rohit Chopra addressed state AGs and their staff on a number of pressing issues, including antitrust, enforcement authority, privacy and other priorities. And most importantly to the state AG observers, both agency heads expressed the value of state enforcement authority and partnerships.https://www.adlawaccess.com/2022/12/articles/statements-to-the-state-ags-cfpb-and-ftc-priorities-for-2023/Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempson astempson@kelleydrye.com(202) 342-8678Bio - https://www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry - https://www.linkedin.com/in/jeffscurry
Rihanna’s Savage X Fenty is an online subscription service that sells women’s lingerie. Like many other subscription services, they have faced scrutiny over how they advertise automatic renewals. In February 2020, Tina.org sent letters to the FTC and CA district attorneys urging them to investigate the company’s marketing practices. In August 2022, the DAs filed a lawsuit against the company, and that lawsuit recently ended in a settlement.https://www.adlawaccess.com/2022/12/articles/savage-x-fenty-to-pay-1-2-million-to-settle-automatic-renewal-suit/Gonzalo E. MonPhone: (202) 342-8576Email: gmon@kelleydrye.comBio: www.kelleydrye.com/Our-People/Gonzalo-E-MonDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry - https://www.linkedin.com/in/jeffscurry
At the National Association of Attorneys General (NAAG) Capital Forum, consumer protection multistate investigations and enforcement actions were once again a subject of discussion. In a session specifically on the topic, NAAG Consumer Protection Committee Co-Chairs Generals Kwame Raoul of Illinois and Jonathan Skrmetti of Tennessee, as well as Susan Ellis and Jeff Hill, long time top consumer protection staff in their respective offices, spoke at length about the multistate process, responding to alleged misinformation about consumer protection multistates that has been reported through media and elsewhere.https://www.adlawaccess.com/2022/12/articles/state-ags-highlight-changes-to-naag-and-multistate-enforcement-for-2023/Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-SingerAbigail Stempson astempson@kelleydrye.com(202) 342-8678Bio - https://www.kelleydrye.com/Our-People/Abigail-StempsonBeth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry - https://www.linkedin.com/in/jeffscurry
2022 was a remarkable year for privacy. Utah and Connecticut enacted new privacy laws. California and Colorado launched detailed (and continuing) privacy rulemakings. Congress proposed a landmark bipartisan, bicameral federal privacy bill (the American Data Privacy and Protection Act, or ADPPA). And the FTC initiated a sweeping privacy rulemaking under its Section 18 (Mag-Moss) rulemaking authority.As if that weren’t enough, the US and EU announced a new Transatlantic Data Transfer Framework. We saw aggressive enforcement of UDAP and privacy laws at the federal and state levels. California passed an Age Appropriate Design Code (similar to the UK’s), while Congress proposed multiple kids’ privacy bills. And, amidst all of this, “dark patterns” and “surveillance” shot to the top of the privacy lexicon. 2023 promises to be just as active, with further twists and turns on all of the above. Notably, the five new state privacy laws we’ve all been awaiting and planning for will take effect at various points in 2023. Further, other states may join the fray, enacting their own laws. If 2022 was the year that regulators and companies spent positioning themselves on the field, 2023 will be the year the balls start flying. We’ll be blogging on all of this in 2023 but, for now, we want to highlight some issues we’re watching with particular interest.https://www.adlawaccess.com/2022/12/articles/what-privacy-issues-are-on-deck-for-2023-here-are-some-of-the-most-interesting-ones-part-one/KDW Privacy Teamhttps://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-CoDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry - https://www.linkedin.com/in/jeffscurry
In late November, the Pennsylvania AG’s office announced a settlement with Grubhub. In its action, the AG alleged among other claims that Grubhub’s platform did not clearly disclose to consumers that they were sometimes charged higher prices for items ordered through the platform compared to ordering from the restaurant directly. Attorney General Shapiro settled for $125,000 in food bank donations and changes to its practices.https://www.adlawaccess.com/2022/12/articles/ags-focus-on-transparent-fees/Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-SingerBeth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-ChunSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
Programs that automatically renew have been under a lot of scrutiny lately. Although the focus of scrutiny has often been on how people sign up, both regulators and plaintiffs’ attorneys have also been paying attention to how people cancel. (Click here and here, for example.) A recent decision from the NAD shows that they’re paying attention, too.https://www.adlawaccess.com/2022/12/articles/nad-reviews-blue-aprons-easy-cancelation-claims/Gonzalo E. MonPhone: (202) 342-8576Email: gmon@kelleydrye.comBio: www.kelleydrye.com/Our-People/Gonzalo-E-MonDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
In recent months, companies have scored some notable victories in lawsuits involving various types of green claims, including carbon emission claims, aspirational claims, and recyclability claims. As we noted in some of those posts, the decisions may have turned out differently if the cases had been heard by NAD. A new decision in a challenge that NAD initiated against various claims made by the American Beverage Association (or “ABA”) shows how strictly NAD reviews these types of claims.https://www.adlawaccess.com/2022/12/articles/nad-takes-strict-view-of-green-claims/Gonzalo E. MonPhone: (202) 342-8576Email: gmon@kelleydrye.comBio: www.kelleydrye.com/Our-People/Gonzalo-E-MonDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
In January, we reported that the Texas Attorney General had filed a lawsuit against Google alleging that the company engaged iHeartMedia DJs to provide endorsements for its Pixel 4 phone, even though they had never used it. This week, the FTC and several state attorneys general announced settlements with Google and iHeartMedia over the same conduct. The complaints provide more insights into what may have happened behind the scenes.https://www.adlawaccess.com/2022/11/articles/ftc-and-states-settle-with-google-and-iheartmedia-over-misleading-endorsements/Gonzalo E. MonPhone: (202) 342-8576Email: gmon@kelleydrye.comBio: www.kelleydrye.com/Our-People/Gonzalo-E-MonPaul L. Singerpsinger@kelleydrye.com(202) 342-8672Bio - www.kelleydrye.com/Our-People/Paul-L-SingerDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
Time is money, and when you’re hungry for mac-and-cheese, a few seconds can be worth millions of dollars. Or at least that’s what a Florida woman suggests in her class action lawsuit against Kraft Heinz over a claim on single-serve cups of Velveeta Shells & Cheese stating that the product can be “ready in 31/2 minutes.”https://www.adlawaccess.com/2022/11/articles/woman-sues-over-cook-time-instructions/Gonzalo E. MonPhone: (202) 342-8576Email: gmon@kelleydrye.comBio: www.kelleydrye.com/Our-People/Gonzalo-E-MonDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
Imagine that Megan Thee Stallion told you that by investing as little as $1 in Bitcoin, with herMegan Thee Stallion Ad knowledge and your hustle, “you’ll have your own empire in no time.” Would you think that $1 is all you need to amass a fortune? No, I wouldn’t either. What if Megan was stacking shiny bars of gold while she told you that? I still wouldn’t be convinced, but if you’re on the fence, NAD is looking out for you in a recent decision involving an ad for Cash App.https://www.adlawaccess.com/2022/11/articles/nad-worries-consumers-may-take-megan-thee-stallion-too-seriously/Gonzalo E. MonPhone: (202) 342-8576Email: gmon@kelleydrye.comBio: www.kelleydrye.com/Our-People/Gonzalo-E-MonDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
Last year, we posted about Earth Island Institute’s lawsuit against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.” While many lawsuits involving green claims focus on claims about past or present results (which can usually be proven or disproven), this lawsuit focused on aspirational and forward-looking statements (which are inherently harder to prove or disprove).https://www.adlawaccess.com/2022/11/articles/coca-cola-beats-false-advertising-suit-over-aspirational-claims/Download the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
The FTC voted unanimously to issue an Advance Notice of Proposed Rulemaking (ANPR) considering expansions to and revisions of the FTC’s existing Business Opportunity Rule (“BOR”). This will be the first review of the BOR since it was promulgated back in December 2011. In her statement announcing the ANPR, Chair Khan indicated that “[t]he rule had served the public well over the years,” but “several varieties of scams . . . fall outside the scope of the existing rule, [including] certain kinds of business coaching and work-from-home programs, investment programs, and e-commerce opportunities.” In a familiar refrain in the FTC’s push for rulemaking, Chair Khan argued that “case-by-case enforcement has key limitations—especially after the Supreme Court’s AMG decision” finding that the FTC lacked authority to obtain equitable monetary redress under Section 13(b).https://www.adlawaccess.com/2022/11/articles/next-stop-on-the-ftcs-rulemaking-train-proposed-revisions-to-the-business-opportunity-rule/ubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
Since Lina Khan took the reins of the FTC, the agency has launched five new rulemakings under its Section 18 (“Mag-Moss”) authority – specifically, rules to combat government and business impersonation scams, deceptive earnings claims, “commercial surveillance,” deceptive endorsements, and “junk fees.” (I’m excluding here revisions to existing Mag-Moss rules, as well as rulemakings under other statutory authority.) While much has been written about how long Mag-Moss rulemakings generally take to complete (including by us, here), at least one of these rulemakings is proceeding apace – the first one, involving impersonation scams.https://www.adlawaccess.com/2022/11/articles/the-ftcs-proposed-impersonation-scam-rule-not-as-straightforward-as-it-looks/Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-RichSubscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/News-Events/Pub…and-Views?dlg=1View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-CenterFind all of our links here linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
a coalition of 40 attorneys general obtained two multistate settlements with Experian concerning data breaches it experienced in 2012 and 2015 that compromised the personal information of millions of consumers nationwide. The 2012 breach investigation was co-led by the Massachusetts and Illinois AG offices, and the 2015 investigation was co-led by the AGs of Connecticut, DC, Illinois, and Maryland. An additional settlement was reached with T-Mobile in connection with the 2015 Experian breach, which impacted more than 15 million individuals who submitted credit applications with T-Mobile.https://www.adlawaccess.com/2022/11/articles/ag-settlements-call-for-stronger-data-security/Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-SingerAli Albazzaz aalbazzaz@kelleydrye.com.(312) 857-2619Bio: https://www.kelleydrye.com/Our-People/Ali-AlbazzazBeth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-ChunDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
The DC Superior Court dismissed a lawsuit brought by Earth Island Institute against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.” The court held that many of the challenged statements are aspirational and do not include anything that can be measured to determine whether they are true or false.https://www.adlawaccess.com/2022/11/articles/coca-cola-scores-second-win-over-green-claims-in-one-month/Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-MonDownload the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-AdvertisingSee our LinkeTree for more information linktr.ee/KelleyDryeAdLawHosted by Simone RoachProduced by Jeff Scurry
Multiple state Attorneys General (AGs) and staff from offices nationwide gathered in Washington, DC for the National Association of Attorneys General (NAAG) 2022 Consumer Protection Fall Conference. The conference addressed pressing and relevant consumer protection issues facing attorney general offices. The public portion of the conference included a panel of current and former AGs, who focused their remarks on multistate investigations.
All of participating current and former AGs agreed that multistates would continue to be an important part of their work. AG Brian Frosh (MD) described them as a “force multiplier” for AG offices with limited resources, and AG Doug Peterson (NE) reiterated that they are going to continue to be an important focus nationwide. AG Kwame Raoul (IL) pointed out that multistates have the benefit of multiple perspectives, and may be able to address priorities that may not be on a particular AG’s radar. AG Jonathan Skrmetti (TN) also described multistates as a way to overcome resource asymmetry between states and sees them as capable of making a massive impact on society.
https://www.adlawaccess.com/2022/11/articles/attorneys-general-revisit-the-state-of-multistates/
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The World Cup kicked off amidst cheers and chants from the fans who had made their way to Qatar to watch the games. Although most fans chanted in support of their teams, Ecuadorean fans in one section of Al Bayt Stadium had a different message: “Queremos cerveza, queremos cerveza.” They want beer. Sadly for them, there is no beer to be had after the government in Qatar made a last-minute decision to ban sales at all World Cup stadiums.
https://www.adlawaccess.com/2022/11/articles/thirsty-world-cup-fans-serve-up-reminder-about-sponsorship-agreements/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Attorney General Karl Racine announced a new lawsuit against the Washington Commanders, team owner Dan Snyder, the NFL, and NFL Commissioner Roger Goodell for “colluding to deceive DC residents about an investigation into toxic workplace culture and allegations of sexual assault to maintain a strong fanbase and increase profits.”
The lawsuit claims that “for decades, Snyder has cultivated an environment within the Team that glorifies sexual harassment and punishes victims for speaking out.” Throughout the 45-page complaint, the AG details examples of a hostile work environment which, if true, are reprehensible. But why are you reading about a lawsuit that focuses on a hostile work environment on a blog that focuses on advertising law?
The AG argues that DC’s Consumer Protection Procedures Act (or “CPPA”) “establishes an enforceable right to truthful information from merchants about consumer goods and services that are or would be purchased, leased, or received in the District of Columbia,” that the defendants are “merchants” under the law, and that they provide “consumer goods and services” to DC residents. Nothing too surprising there.
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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NAD announced a decision involving various claims made by Accredited Debt Relief and its marketing agency. Although parts of the decision will likely only be of interest to companies who operate in the debt settlement space, the decision also holds some important lessons for companies that operate outside of that space. We’ll focus on those in this post.
https://www.adlawaccess.com/2022/11/articles/nad-decision-on-debt-claims-holds-lessons-across-all-industries/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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The FTC’s Advanced Notice of Proposed Rulemaking (ANPR) seeking comment on a potential rule prohibiting “junk fees” and related practices hit the Federal Register yesterday. The rule has the potential to fundamentally alter how fees are disclosed in advertising and across the customer experience in nearly every industry that charges some type of fee. Interested parties now have until January 9 to provide comments and feedback on the proposal. The ANPR’s publication follows a series of meetings and announcements by the FTC, CFPB, and President Biden that the administration was taking actions to prohibit so-called “junk fees” that “can weaken market competition, raise costs for consumers and businesses, and hit the most vulnerable Americans the hardest.”
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In a case that will likely resonate with many readers, the FTC’s recent settlement with Vonage describes in excruciating detail the obstacles and costs that Vonage allegedly imposed on consumers when they tried to cancel their phone service. In many ways, it’s a typical FTC case involving deception, unauthorized charges, and misuse of a “negative option” that makes it simple to sign up and almost impossible to cancel. However, the FTC’s characterization of the practices as “dark patterns,” coupled with some other features, make this case stand out. Indeed, any company with a “customer retention strategy” (which is apparently what this was)would be wise to pay attention.
Contact Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
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Blurred Lines - A Rundown on the FTC Workshop “Protecting Kids from Stealth Advertising in Digital Media” by Kelley Drye Advertising Law
As we’ve previously reported, the fight against “big tech” remains a high priority for State Attorneys General on both sides of the aisle. A lot of activity took place over the summer that continues to reinforce the AGs’ broad consumer protection and antitrust powers in this increasingly important area. As we move into the election season, we thought it a good time to highlight some of the recent developments, as they will no doubt set the trend for 2023.
https://www.adlawaccess.com/2022/10/articles/state-attorneys-general-big-tech-update/
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
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In late September, we blogged about a lawsuit that the Chamber of Commerce and other business groups filed against the CFPB, challenging the CFPB’s update to its Supervision and Examinations Manual. As updated, the manual now states that discrimination is an “unfair” practice under the Dodd-Frank Act, and that the agency plans to scrutinize it “across the board in consumer finance,” “including in situations where fair lending laws may not apply.” We noted in our blogpost that the FTC and the State AGs were also sending signals that they planned to challenge discrimination using their unfairness authority.
Well, the FTC just did. On October 18, it announced a settlement with Passport Automotive Group resolving allegations (among other charges) that Passport engaged in an unfair practice when it imposed higher costs on Black and Latino customers than on similarly situated non-Latino White customers. The vote was 4-1, with Commissioner Phillips dissenting and Commissioner Wilson concurring in part and dissenting in part.
https://www.adlawaccess.com/2022/10/articles/update-on-discrimination-and-unfairness-the-ftcs-case-against-passport-automotive-group/
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
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The FTC has made it a priority to combat fake and misleading reviews. For example, just this year alone, the FTC announced a settlement with a retailer over its failure to post negative reviews, announced a settlement with another retailer over its failure to disclose that reviews were incentivized, partnered with six states to file a lawsuit against a company that allegedly purchased fake reviews, and proposed changes to the Endorsement Guides that would provide more detailed guidance on these practices.
https://www.adlawaccess.com/2022/10/articles/ftc-explores-new-rule-to-combat-fake-reviews/
www.adlawaccess.com/2022/10/article…-of-the-clause/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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We all know a person that can be unpredictable and erratic. It can be fun to hang out with that person occasionally, because you’ll likely have funny stories to share with your friends the next morning, but you probably wouldn’t want to be married to them, because those same stories are less funny when you share them with your divorce lawyer. The same is probably true with relationships between brands and some celebrities.
In 2013, Adidas entered into a relationship with Kanye West to create Yeezy-branded shoe and clothing collections. Although it was a lucrative relationship, Kanye has said and done some things in the years since then that must have had the brand cringing. After Kanye made a series of anti-Semitic tweets and comments, Adidas decided it had had enough and called its divorce lawyers. The relationship officially ended this week.
https://www.adlawaccess.com/2022/10/articles/morals-clauses-generally-give-companies-the-right-to-terminate-an-agreement-if-a-celebrity-commits-an-act-that-falls-within-the-scope-of-the-clause/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Anyone who has strolled the supermarket alcohol aisle in recent months may fairly stand in awe of the proliferation of boozy and not-so-boozy drinks in pretty packages, with small cans and pastel colors making it difficult to immediately discern whether they contain alcohol and, if so, how much. According to Nielsen data, in 2021, off-premise sales of no- and low-alcoholic beverages were $3.1 billion, up from $291 million the year before, with 30% predicted growth by 2024. As more low and no-alcohol products come to market, beverage makers will have to navigate the jurisdictional and labeling regulations, which can be tricky, as illustrated by a recently-filed false advertising case involving allegedly boozy kombucha.
https://www.adlawaccess.com/2022/10/articles/beverage-makers-served-a-reminder-by-kombucha-false-advertising-case/
Kristi L. Wolff kwolff@kelleydrye.com (202) 342-8805 www.kelleydrye.com/Our-People/Kristi-L-Wolff
Cristina Ferrett cferretti@kelleydrye.com (212) 808-5057 https://www.kelleydrye.com/Our-People/Cristina-Ferretti
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In a decision with potentially far-reaching implications for the CFPB, a three-judge panel of the U.S. Circuit Court of Appeals for the Fifth Circuit yesterday ruled that the Bureau’s funding structure is unconstitutional. The case involved a longstanding challenge to the Bureau’s 2017 Payday Lending Rule and marks another significant obstacle for the Bureau two years after the Supreme Court’s decision in Seila Law that its leadership structure violated separation of powers principles.
https://www.adlawaccess.com/2022/10/articles/an-arrow-has-found-its-target-federal-appeals-court-deems-cfpb-funding-method-unconstitutional-invalidating-payday-lending-rule/
Donnelly L. McDowell Partner dmcdowell@kelleydrye.com (202) 342-8645 Bio - www.kelleydrye.com/Our-People/Donnelly-L-McDowell
Caroline T. Schmitz cschmitz@kelleydrye.com (202) 342-8459 Bio - https://www.kelleydrye.com/Our-People/Caroline-T-Schmitz
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The FTC has long used policy statements, public workshops, reports, and warning letters to influence the marketplace and communicate its thinking about key issues and aspects of its mission. Examples from my tenure at the FTC include workshops and reports on big data, data brokers, mobile payments, and the internet of things; policy statements on deceptively formatting advertisements and homeopathic drug claims; and warning letters to a range of companies making health claims (see here, here, and here, for instance).
https://www.adlawaccess.com/2022/10/articles/the-ftcs-policy-statements-reports-and-warning-letters-why-are-there-so-many/
Contact Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
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Celebrities generally don’t like when companies use their images or names without permission. For example, Jennifer Love Hewitt didn’t love when a company used her image to promote a vitamin spray, and Michael Jordan seemed pretty upset when a grocery store used his name to promote a steak. Now, 50 Cent seems downright angry that his picture is allegedly being used by a plastic surgeon to promote “male sexual enhancement procedures.”
https://www.adlawaccess.com/2022/10/articles/50-cents-a-euphemistic-eggplant-and-the-right-of-publicity/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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On October 4th, the FDA and CDC announced that the agencies have entered into a Memorandum of Understanding, renewing their collaboration to reduce the occurrence of foodborne illness in retail and foodservice establishments. The stated purpose of the partnership is to “help increase the consistency and capacity of retail food protection programs across the country, promote a general culture of food safety, and facilitate continued communication between the FDA and CDC in order to assist state, local, tribal, territorial, and industry partners.
https://www.adlawaccess.com/2022/10/articles/fda-and-cdc-agree-to-partner-to-reduce-foodborne-illness-in-retail-and-foodservice-establishments/
Kristi L. Wolff kwolff@kelleydrye.com (202) 342-8805 https://www.kelleydrye.com/Our-People/Kristi-L-Wolff
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Last week, a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The plaintiff alleges that the company used deceptive practices to automatically subscribe its Game Pass users to a new streaming service, NFL+, without their clear knowledge or consent, and that the NFL later made it difficult for them to cancel. It’s a little hard to tell from the complaint exactly what happened, but the gist of the argument is familiar.
The plaintiff alleges that when he learned that his Game Pass subscription was going to be converted to an NFL + subscription, he attempted to cancel. He found the cancellation instructions to be unclear and unintuitive, and he was charged a fee, even after he thought he had cancelled. His attempts to resolve the problem by talking to chatbots and live representatives were frustrating and didn’t help. The complaint then makes some interesting guesses about what happened behind the scenes.
https://www.adlawaccess.com/2022/10/articles/nfl-faces-automatic-renewal-lawsuit/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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In these difficult financial times, some of us may turn to our financial advisors for advice. Others may turn to Kim Kardashian. If you fall into the latter category, you may have seen that last year, Ms. Kardashian posted a story on Instagram in which she shared what her “friends just told [her] about the Ethereum Max Token.” People who read the post could swipe up to join the E-Max Community and purchase tokens. Not disclosed – but not surprising – was the fact that Ms. Kardashian was paid $250,000 for the post.
https://www.adlawaccess.com/2022/10/articles/sec-is-the-latest-agency-to-keep-up-with-the-kardashians/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Earlier this week, we posted that a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The complaint alleges that the NFL used “dark patterns” to enroll consumers in its NFL+ subscription without consent and that it then made it difficult for them to cancel. Although we don’t know exactly what happened in that case, these are themes that come up frequently in automatic renewal cases. These themes were also echoed in an announcement by Washington AG Bob Ferguson this week.
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
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Is Discrimination “Unfair” Under the UDAP Laws? New Lawsuit Challenges CFPB’s Anti-Discrimination Guidelines By Jessica Rich, Paul Singer & Alysa Z. Hutnik on September 30, 2022
POSTED IN CONSUMER FINANCIAL PROTECTION, CONSUMER PROTECTION
Most people would generally agree that discriminating on the basis of race, color, religion, disability, or similar factors is a bad thing to do – indeed, that it’s “unfair” within the common meaning of the word. It’s also illegal in various circumstances – e.g., the Equal Credit Opportunity Act prohibits certain forms of discrimination in lending, the Fair Housing Act bans discrimination in housing, and Title VII of the Civil Rights Act prohibits various types of employment discrimination.
https://www.adlawaccess.com/2022/09/articles/is-discrimination-unfair-under-the-udap-laws-new-lawsuit-challenges-cfpbs-anti-discrimination-guidelines/
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Alysa Z. Hutnik (202) 342-8603 ahutnik@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
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Earlier this year, CARU’s new Advertising Guidelines went into effect, including various updates that were designed to apply to digital advertising. This week, CARU issued a warning to put “advertisers, brands, influencers and endorsers, developers, and others on notice that CARU’s Advertising Guidelines apply to advertising in the metaverse” and that “CARU will strictly enforce its Guidelines against metaverse advertising.”
https://www.adlawaccess.com/2022/08/articles/caru-and-ftc-express-concerns-about-advertising-to-kids-in-the-metaverse/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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If you want to advertise that your product performs better than a competitor’s product, you’re likely going to have to run tests to substantiate that claim. In some cases, there may be industry standard tests that could help take the guess work out of designing a protocol. In absence of an industry standard test, though, you will need to come up with your own protocol. A recent NAD case involving teeth whitening claims demonstrates just how difficult that can be.
https://www.adlawaccess.com/2022/08/articles/nad-decision-holds-lessons-for-developing-test-protocols/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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As we’ve noted in other posts, an FTC rule prohibits companies from stating or implying that a product is made in the USA unless: (1) the final assembly or processing of the product occurs in the USA; (2) all significant processing that goes into the product occurs in the USA; and (3) all or virtually all components are made or sourced in the USA. It can be a challenge to figure out whether a product you make meets that standard, especially when you get components from suppliers. A new FTC closing letter sheds some light on how companies should go about this.
https://www.adlawaccess.com/2022/09/articles/ftc-addresses-supplier-due-diligence-for-made-in-usa-claims/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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For centuries, monsters have been vilified in countless books and films. Although the bad reputation that monsters have earned is generally well-deserved – they do, after all, frequently hurt people, destroy things, and otherwise cross the line of what’s socially acceptable – it’s important to keep in mind that some monsters are actually a lot like us. They go to work, they spend time with their families, and they like to unwind at the end of a long day. And that’s where this story begins.
https://www.adlawaccess.com/2022/09/articles/when-monsters-cross-a-line-claim/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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In August we discussed the broad authority that State Attorneys General have in enforcing price gouging laws – many of which remain in effect given the number of states that are still under some state of emergency. We noted the significant expansion in recent AG enforcement, and observed that at least two courts had pushed back on these efforts, dismissing cases brought by the Texas and New York Attorneys General. Just a short month later however, both cases have now been reinstated by appellate courts, again raising the prospects that AGs will continue to push the boundaries in price gouging enforcement, especially while consumers are struggling to deal with high prices due to labor shortages and inflation.
Blog - https://www.adlawaccess.com/2022/09/articles/state-attorney-general-price-gouging-claims-find-new-life/#more-10956
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
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California AG’s First CCPA Settlement Sends Strong “Signals” About Do Not Sell Enforcement by Kelley Drye Advertising Law
FTC and Six States Take Action Against Fake Reviews and Claims by Kelley Drye Advertising Law
38 Attorneys General joined forces in a letter promulgated by the National Association of Attorneys General (NAAG) to urge Congress to provide them with authority to address consumers’ frustrations with airlines, further advocating for a shift of federal authority over consumer complaints away from the Department of Transportation.
https://www.adlawaccess.com/2022/09/articles/state-ags-dot-needs-an-on-time-departure/
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
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Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
FTC Updates – Intuit, Mag-Moss, and More
There’s a lot going on at the FTC and in consumer protection news more generally. This blogpost highlights some recent FTC-related news, as well as several issues related to the FTC’s legal authority that bear watching.
https://www.adlawaccess.com/2022/08/articles/ftc-updates-intuit-twitter-mag-moss-and-more/
Contact Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
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Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
The FTC’s Mission Statement for 2022-2026: “Legitimate Business Activity” Still Missing in Action
Last November, the FTC sought public comment on a draft strategic plan for 2022-2026. As we blogged here and discussed in a comment submitted to the FTC (one of only 21 submitted), a key change from prior strategic plans was deletion of the phrase “without unduly burdening legitimate business activity” from the FTC’s Mission Statement – a change that the Commission majority just adopted in its final Strategic Plan for 2022-2026.
https://www.adlawaccess.com/2022/08/articles/the-ftcs-mission-statement-for-2022-2026-legitimate-business-activity-still-missing-in-action/
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Sustainability continues to be a hot topic in the fashion industry, both in ads and in lawsuits related to those ads. Last month, a plaintiff filed a proposed class action against H&M arguing that the company makes various false claims about the sustainability of its products. The lawsuit seems to be prompted by a June 28, 2022 article published in Quartz with the results of an investigation which allegedly demonstrated that “H&M showed customers environmental scorecards for its clothing that were misleading and, in many cases, outright deceptive.”
www.adlawaccess.com/2022/08/articles/hm-sued-over-sustainability-claims/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Over the past several years, plaintiffs have filed several lawsuits around the country, alleging that retail websites that were not accessible to blind and visually impaired individuals constituted a violation of the Americans with Disabilities Act. This was perhaps most prevalent in California, which has its own civil rights statute, the Unruh Act, that provides a right of action for both violations of the ADA and for other alleged denials of access to disabled individuals on the basis of intentional discrimination.
https://www.adlawaccess.com/2022/08/articles/california-appellate-court-holds-in-favor-of-a-digital-only-retailer-under-both-the-ada-and-unruh-act/
Geoffrey W. Castello gcastello@kelleydrye.com (973)503-5922 https://www.kelleydrye.com/Our-People/Geoffrey-W-Castello
Gregory Berman gberman@kelleydrye.com (212) 808-7844 https://www.kelleydrye.com/Our-People/Gregory-Berman
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Building off of last month's webinar of the same name, Jayson Lewis and Alex Schneider discuss how to protect employee/HR data and comply with data privacy laws. Jayson and Alex review the kinds of data that are subject to data privacy laws, the laws that govern the handling of employee/HR data (federal and state), the use of monitoring tools and biometric technologies in the, and principles and best practices that employers should adopt as they navigate the evolving privacy landscape.
Contact Information
Jayson Lewis jlewis@kelleydrye.com (212) 808-7527 https://www.kelleydrye.com/Our-People/Jayson-B-Lewis
Alex Schneider aschneider@kelleydrye.com (202) 342-8634 https://www.kelleydrye.com/Our-People/Alexander-I-Schneider
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Twilio advertises that its customer data platform is the “#1 CDP” and discloses that the claim is based on 2020 market share, as measured by the International Data Corporation. Adobe challenged the claim, arguing, in part, that the 2020 IDC Report doesn’t reflect the current landscape and, even if it did, that Twilio’s disclosures were insufficient. NAD’s analysis includes tips for anyone looking to make #1 claims.
https://www.adlawaccess.com/2022/07/articles/nad-advises-better-disclosures-for-1-claim/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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As heat waves spread across the country, many men are looking for opportunities to go without socks. (To those men, I might suggest a good pair of no-show socks but, like with other grooming tips, that’s beyond the scope of this post.) The point is that, despite the heat, one Missouri man wants more socks, even though they appear to be thick and rather warm. In fact, he filed a $5 million class action against Bass Pro Shops for failing to give him more of those socks under the company’s lifetime guarantee.
https://www.adlawaccess.com/2022/07/articles/man-sues-bass-pro-over-lifetime-guarantee-on-socks/
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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The halfway point of 2022 finds NAD digging deep on supplement substantiation and looking closely at whether product names convey misleading claims. Here are highlights from the past quarter and links to our posts from earlier this year. Enjoy!
https://www.adlawaccess.com/2022/07/articles/mid-year-check-in-on-nad-food-supplement-and-personal-care-product-cases/#more-10866
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Kristi L. Wolff Partner kwolff@kelleydrye.com (202) 342-8805 Bio - www.kelleydrye.com/Our-People/Kristi-L-Wolff
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NAD Combs Through Saturday Night Hair Claims
Gonzalo Mon's law firm picture was taken on a Tuesday morning, but he has always lamented that the photographer wasn’t available to take it on a weekend, which would have given him a better opportunity to showcase his Saturday night hair. In case you think that’s something only he worries about, take note that questions related to the ease of creating such an enviable hair style recently made their way into an advertising dispute between Dyson and SharkNinja. #SaturdayNightHair
https://www.adlawaccess.com/2022/07/articles/nad-combs-through-saturday-night-hair-claims/
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Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon
See our LinkeTree for more information https://linktr.ee/KelleyDryeAdLaw
Hosted by Simone Roach Produced by Jeff Scurry
Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
FTC Announced Third Right to Repair Action in Three Weeks
The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was “scant evidence to support manufacturers’ justifications for repair restrictions.” After that, they issued a Policy Statement calling for more aggressive enforcement against manufacturers that impose these restrictions. Two weeks ago, we posted about settlements with Harley-Davidson and Westinghouse. Last week, the FTC announced a third settlement, this one involving Weber.
https://www.adlawaccess.com/2022/07/articles/ftc-announced-third-right-to-repair-action-in-three-weeks/
Christie Grymes Thompson cgthomposon@kelleydrye.com (202) 342-8633 Bio - https://www.kelleydrye.com/Our-People/Christie-Grymes-Thompson
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
NAD Addresses Disclosure Requirements for Paid Studies
Liberty Mobile Puerto Rico advertised that it has the “best network” and the “best coverage” in Puerto Rico and disclosed that the claims were based on an “independent study” conducted by Global Wireless Solutions (or “GWS”). Although T-Mobile didn’t challenge the results of the study, it argued that because Liberty had paid GWS to conduct the study, the connection between the two companies should be clearly disclosed, in accordance with the FTC’s Endorsement Guides.
https://www.adlawaccess.com/2022/07/articles/nad-addresses-disclosure-requirements-for-paid-studies/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
CARU’s First Decision on “Gender-Restrictive” Ads Also Addresses Jurisdictional Issues
In a February 2021 blog post, CARU encouraged advertisers to focus on diversity and inclusion in their ads. In August 2021, they went a step further when they announced that the new version of the CARU Guidelines would include a provision stating that ads “should not portray or encourage negative social stereotyping, prejudice, or discrimination.” Last week, CARU released the first decision involving that new provision.
https://www.adlawaccess.com/2022/07/articles/caru-announces-first-decision-on-gender-restrictive-ads/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Chelsea Handler filed a lawsuit against ThirdLove, alleging that the lingerie company failed to honor its contractual commitments to her and refused to compensate her for an advertising campaign it had hired her to spearhead.
According to the complaint, the parties negotiated and finalized a term sheet by December 21, 2021 for a one-year deal under which Handler would exclusively promote the brand. The parties exchanged drafts of the full agreement, and were allegedly close by the time the term started on January 1, 2022. In anticipation of the deal going through, Handler started preparing for the campaign by starting an exercise program, participating in meetings, attending wardrobe fittings, and preparing for a shoot.
https://www.adlawaccess.com/2022/06/articles/chelsea-handler-sues-thirdlove-over-breach-of-endorsement-deal/
See our LinkeTree for more information https://linktr.ee/KelleyDryeAdLaw
Gonzalo E. Mon Phone: (202) 342-8576 Email: gmon@kelleydrye.com Bio: https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon
See our LinkeTree for more information https://linktr.ee/KelleyDryeAdLaw
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Among the many details to absorb in the draft amendments to the CCPA regulations published by the California Privacy Protection Agency (“CPPA”) on May 27 (the “Draft Regulations”) are new and prescriptive disclosure requirements for notices at collection and privacy policies. While these disclosure provisions (and all of the other provisions of the Draft Regulations) are subject to further changes, it is important that businesses begin to assess carefully these provisions and devise strategies for operationalizing compliance with them, especially since disclosures provide some of the most visible signals of CCPA compliance.
https://www.adlawaccess.com/2022/06/articles/on-notice-notice-at-collection-and-privacy-policy-requirements-under-the-cppas-draft-regulations/
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
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Find all of our links here https://linktr.ee/KelleyDryeAdLaw
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Carnival Cruise Brings Multistate Data Breach into Port
Even as states continue to pass comprehensive privacy laws, Attorneys General remain active enforcing their data breach laws and utilizing their deceptive trade practice authority in the privacy space. Just last week, 46 State AGs signed on to a settlement, which took the form of an Assurance of Voluntary Compliance, with international cruise corporation Carnival for its 2019 data breach. This breach of employee email accounts purportedly exposed sensitive personal information contained in email contents, thereby impacting state consumers. The payment to the states is $1.25 million total.
https://www.adlawaccess.com/2022/06/articles/carnival-cruise-brings-multistate-data-breach-into-port/
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
Find all of our links here https://linktr.ee/KelleyDryeAdLaw
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Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
TINA.org Urges Investigation into Hello Fresh
TINA.org recently announced that it had filed complaints with the FTC and the Connecticut Department of Consumer Protection, urging them to investigate Hello Fresh’s marketing practices related to a campaign advertising “free” meals in order to encourage consumers to sign up for a subscription. The complaints touch on a number of issues we post about frequently, including automatic renewals, “dark patterns,” and the use of influencers. Here are some of the highlights.
https://www.adlawaccess.com/2022/06/articles/tina-org-urges-investigation-into-hello-fresh/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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Find all of our links here https://linktr.ee/KelleyDryeAdLaw
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Produced by Jeff Scurry
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
FTC Announces Two Actions on Right to Repair While Legislative Efforts Continue
The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was “scant evidence to support manufacturers’ justifications for repair restrictions.” After that, they issued a Policy Statement calling for more aggressive enforcement against manufacturers that impose these restrictions. Last week, we may have seen the start of that enforcement.
https://www.adlawaccess.com/2022/06/articles/ftc-announces-two-actions-on-right-to-repair/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Christie Grymes Thompson cgthompson@kelleydrye.com (202) 342-8633 Bio - https://www.kelleydrye.com/Our-People/Christie-Grymes-Thompson
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Find all of our links here https://linktr.ee/KelleyDryeAdLaw
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For those not following every detail regarding the progress of the “three corners” federal privacy bill, here’s a summary of where things stand.
In brief, on June 23, the House E&C Consumer Protection Subcommittee held a markup during which it considered a substitute version of the bill (HR 8152), approved it by voice vote, and forwarded it to the full E&C Committee for consideration. The amended bill contains a host of changes, many of which push it in a more business-friendly direction. Senate Commerce Chair Cantwell is more critical of the bill than ever, and has told the media that she won’t take it up in the Senate without substantial improvements. Meanwhile, the FTC, not to be forgotten, released another notice stating that it intends to launch its “commercial surveillance” rule in June 2022. (Yeah, this month.)
Blog Post - https://www.adlawaccess.com/2022/06/articles/update-on-three-corners-federal-privacy-bill-still-moving-forward-cloudy-skies-ahead-ftc-on-deck/
Contact
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Upcoming Webinar - State Attorneys General 102 please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer and Senior Associate Beth Chun for State Attorneys General 102. This short 30-minute webinar picks up where State Attorneys General 101 left off and answers a number of questions. Register here https://kelleydrye.zoom.us/webinar/register/WN_7NlvPhubR7SO4tyA80NL6A
Hosted by Simone Roach
Produced by Jeff Scurry
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/ See our Linktree - https://linktr.ee/KelleyDryeAdLaw
On June 14, the House E&C Subcommittee on Consumer Protection and Commerce held a hearing to consider issues and concerns raised by the “three corners” privacy “discussion draft” released to the public June 3. As we blogged last week, the American Data Privacy and Protection Act (ADPPA) is an historic bipartisan compromise among three key committee leaders in the House and Senate (Sen. Wicker and Reps. Pallone and McMorris Rodgers). So far, it lacks the backing of the fourth, Senator Cantwell.
https://www.adlawaccess.com/2022/06/articles/readout-on-house-privacy-hearing-wide-attendance-lots-of-issues-full-steam-ahead/
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
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Find all of our links here https://linktr.ee/KelleyDryeAdLaw
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CPRA Update: California Privacy Protection Agency Votes to Begin Rulemaking Process
On Wednesday, June 8, the California Privacy Protection Agency (CPPA) Board voted 4-0 (with one member absent) to initiate the CPRA rulemaking process based on the draft regulations released on May 27th prior to the Memorial Day holiday. (To learn more, please see New California Draft Privacy Regulations: How They Would Change Business Obligations and Enforcement Risk.) The next step is for the CPPA Staff to initiate the formal notice and comment period, where businesses, advocates, and consumers will have an opportunity to weigh in on the proposed rules.
https://www.adlawaccess.com/2022/06/articles/cpra-update-california-privacy-protection-agency-votes-to-begin-rulemaking-process/
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 Bio - https://www.kelleydrye.com/Our-People/Alexander-I-Schneider
Alysa Z. Hutnik ahutnik@kelleydrye.com (202) 342-8603 Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
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Find all of our links here https://linktr.ee/KelleyDryeAdLaw
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YouTube Faces Suit Over Automatic Renewal Practices
Last month, plaintiffs filed a class action lawsuit against YouTube (and its parent company Google), alleging that the company violates Oregon laws by automatically renewing paid subscriptions to premium music, television, and video streaming services without adequately disclosing the offer terms or getting consent.
https://www.adlawaccess.com/2022/06/articles/youtube-faces-suit-over-automatic-renewal-practices/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
Find all of our links here https://linktr.ee/KelleyDryeAdLaw
Hosted by Simone Roach
Produced by Jeff Scurry
Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
New Bipartisan Federal Privacy Bill – Breakthrough, Too Late, or Both?
On Friday June 3, a bipartisan group of leaders from key House and Senate committees released a new “discussion draft” bill to establish nationwide standards for consumer privacy. The proposal (the American Data Privacy and Protection Act) builds on prior bills put forth by both Democrats and Republicans, as well as principles and provisions contained in the GDPR and State privacy laws. Of significance, the bill reflects bipartisan compromise on two thorny issues that have divided the parties for years – whether to preempt state privacy laws and/or include a private right of action. While the bill has been hailed as a “breakthrough,” the prospects for passage are uncertain, particularly in this busy election year.
https://www.adlawaccess.com/2022/06/articles/new-bipartisan-federal-privacy-bill-breakthrough-too-late-or-both/
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 Bio - https://www.kelleydrye.com/Our-People/Alexander-I-Schneider
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Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
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Find all of our links here https://linktr.ee/KelleyDryeAdLaw
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Webinar Replay - State AG 101
State Attorneys General play an increasingly important and powerful role in enforcing consumer protection laws and establishing public health standards impacting broad swaths of business. They are the primary enforcers of consumer protection laws within their state and hold sweeping powers to protect the public they serve by launching investigations and litigation alone or in multi-state actions involving numerous states and territories across the country.
Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Senior Associate Beth Chun and Abby Stempson, Director of the Center for Consumer Protection, National Association of Attorneys General (NAAG) presented the webinar State Attorneys General 101 which covered the basics of State AG consumer protection powers, what to expect if you find yourself a target of attorneys general investigation, how to look to state attorneys general to stop improper actions of competitors, and more.
https://www.kelleydrye.com/News-Events/Events/Seminars/State-Attorneys-General-101
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Abigail Stempson Director National Attorneys General Training and Research Institute’s (NAGTRI) Center for Consumer Protection National Association of Attorneys General https://www.naag.org/person/abby-stempson/#:~:text=Abigail%20Stempson%20is%20the%20director,National%20Association%20of%20Attorneys%20General.
See our LinkeTree for more information https://linktr.ee/KelleyDryeAdLaw
Produced by Jeff Scurry
Last month, my colleagues posted about the FTC’s proposed changes to the Endorsement Guides. This post takes a closer look at how those proposed changes could impact influencer campaigns by answering five questions that we frequently get from marketers.
https://www.adlawaccess.com/2022/06/articles/what-the-ftcs-proposed-changes-to-its-endorsement-guides-suggest-about-influencer-marketing/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Hosted by Simone Roach
Produced by Jeff Scurry
On Friday May 27, 2022, the California Privacy Protection Agency (CPPA) Board announced its next public meeting will be on June 8, 2022. The announcement simply stated the date of the meeting, that there are “some discussion items [that] will be relevant to the Agency’s rulemaking work,” and that information on how to attend the meeting and the meeting agenda could be found on the CPPA’s site. It did not take too many Internet sleuths to review the posted agenda, and note that Agenda Item No. 3 was “Discussion and Possible Action Regarding Proposed Regulations, Sections 7000–7304, to Implement, Interpret, and Make Specific the California Consumer Privacy Act of 2018, as Amended by the California Privacy Rights Act of 2020, Including Possible Notice of Proposed Action,” and that the posted meeting materials included a copy of the “Draft Proposed CCPA Regulations.” In addition, Agenda Item No. 4 provides for “Delegation of Authority to the Executive Director for Rulemaking Functions.” Full stop, June will be an active month for California privacy rulemaking.
www.adlawaccess.com/2022/05/articles/new-california-draft-privacy-regulations-how-they-would-change-business-obligations-and-enforcement-risk/
Alysa Z. Hutnik ahutnik@kelleydrye.com www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Aaron Burstein aburstein@kelleydrye.com www.kelleydrye.com/Our-People/Aaron-J-Burstein
Laura Riposo VanDruff lvandruff@kelleydrye.com www.kelleydrye.com/Our-People/Laur…Riposo-VanDruff
Alexander Schneider aschneider@kelleydrye.com www.kelleydrye.com/Our-People/Alex…der-I-Schneider
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Produced by Jeff Scurry
On May 31, the US Supreme Court reinstated an injunction first implemented in December 2021 regarding HB 20, the Texas law prohibiting social media companies from certain content moderation based on viewpoints. Its decision comes just over a week after the 11th Circuit upheld an injunction barring enforcement of Florida’s law that banned social media platforms from removing political candidates.
https://www.adlawaccess.com/2022/06/articles/insights-into-texas-content-moderation-law/
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Join us for State Attorneys General 101, a webinar covering the basics of State AG consumer protection powers, what to expect if you find yourself a target of attorneys general investigation, how to look to state attorneys general to stop improper actions of competitors, and more. Register here: kelleydrye.zoom.us/webinar/registe…uQMuYZH4u-1Lw1g
Find all of our consumer protection, advertising, and privacy law updates here linktr.ee/KelleyDryeAdLaw
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Produced by Jeff Scurry
40 State Attorneys General entered into a settlement with Ford Motor Company related to its substantiation of payload capacity claims on certain Super Duty pickup trucks and the fuel economy of certain C-Max hybrids. Ford is paying $19 million to the participating States, plus $200,000 in costs. The settlement itself is pretty straightforward – there are only two substantive requirements related to Ford’s future conduct. Going forward, Ford cannot make false or misleading advertising claims regarding the estimated fuel economy or payload capacity of new motor vehicles.
https://www.adlawaccess.com/2022/05/articles/state-attorneys-general-hold-ford-accountable-for-advertising-claims/
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Join us for State Attorneys General 101, a webinar covering the basics of State AG consumer protection powers, what to expect if you find yourself a target of attorneys general investigation, how to look to state attorneys general to stop improper actions of competitors, and more. Register here: https://kelleydrye.zoom.us/webinar/register/WN_7WoCzfkuQMuYZH4u-1Lw1g
Find all of our consumer protection, advertising, and privacy law updates here https://linktr.ee/KelleyDryeAdLaw
Hosted by Simone Roach
Produced by Jeff Scurry
In addition to announcing a new COPPA policy statement and related “crackdown” on children’s privacy issues (discussed here) in its most recent open meeting, the FTC also proposed changes to the FTC’s Endorsement Guides. The changes would build on and expand previous guidance, including by expressly extending liability to endorsers, intermediaries, and platforms (in addition to advertisers), providing more guidance on how to incentivize and compile consumer reviews, and offering new examples that reflect a less flexible approach to disclosures for consumer endorsements.
https://www.adlawaccess.com/2022/05/articles/ftc-proposes-changes-to-endorsement-guides-with-expanded-liability-and-more-onerous-disclosure-requirements/
Donnelly L. McDowell dmcdowell@kelleydrye.com (202) 342-8645 Bio - https://www.kelleydrye.com/Our-People/Donnelly-L-McDowell
Beth Bolen Chun bchun@kelleydrye.com (202) 342-8671 https://www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Kaelyne Yumul Wietelman kwietelman@kelleydrye.com (202) 342-8478 Bio - www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman
https://linktr.ee/KelleyDryeAdLaw
Hosted by Simone Roach
Produced by Jeff Scurry
At this week’s Spring National Association of Attorneys General Consumer Protection Conference, State AG staff gathered to discuss multistate investigations, enforcement priorities, and recent challenges. The introductory panel of the public portion of the conference featured State AGs Herbert Slatery (Tennessee), Kwame Raoul (Illinois), and John Formella (New Hampshire) discussing some of their priorities as members of the NAAG Consumer Protection Committee. However, due to recent circumstances we have reported on, they also were asked to to explain and defend the role of NAAG.
https://www.adlawaccess.com/2022/05/articles/state-attorneys-general-defend-naag/
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Amidst the rising focus on privacy issues affecting children and teens (which we’ve highlighted here, here, here, and here), the FTC just released a new Policy Statement on COPPA, its signature rule protecting the privacy of kids under 13. The Policy Statement, which the FTC unveiled at its May 19 Open Meeting, focuses in particular on COPPA’s application to education technologies used in and by schools to support learning (including remote learning during the pandemic). All five Commissioners voted for the Statement, including newly sworn-in Commissioner Bedoya, and four issued their own written statements. After the meeting, a bipartisan group of Senators, as well as President Biden, released statements praising the FTC’s actions.
While the FTC’s Republican Commissioners questioned whether there was anything really new in the Policy Statement (which was based on longstanding COPPA provisions, as well as FAQs posted on the FTC’s website), all seemed to agree that it elevates the issues highlighted and shows that COPPA is a top FTC priority.
https://www.adlawaccess.com/2022/05/articles/ftc-announces-crack-down-on-coppa-violations-by-ed-tech-companies/
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
The replay for our May 19, 2022 Teen Privacy Law Update webinar is available here. A video version is available here https://www.youtube.com/watch?v=rUjuoyI_nok
Protecting the privacy and safety of kids and teens online is receiving enormous attention lately from Congress, the States, the FTC, and even the White House. Further, just last month, BBB National Programs unveiled a Teenage Privacy Program Roadmap offering a comprehensive framework for companies to use in identifying and avoiding online harms impacting teens.
Amidst these developments, Kelley Drye held a webinar to discuss the unique challenges associated with teen privacy. Dona J. Fraser, Senior Vice President Privacy Initiatives, BBB National Programs, and Claire Quinn, Chief Privacy Officer, PRIVO, along with Kelley Drye’s Jessica Rich and Laura Riposo VanDruff provided an update on key concerns and developments related to teen privacy, as well as practical tips for companies seeking to address these issues.
Download the Ad Law Access app – a first-of-its kind, one-stop portal that provides updates and analysis on advertising, marketing, and privacy/data security law. The App is now available as a free download in the Apple App Store https://apps.apple.com/us/app/kelley-drye-ad-law-access/id1619813887 and Google Play https://play.google.com/store/apps/details?id=com.kelleyDryeWarrenLlp.adLawAccess
Over the past two years, sponsorship agreements for conferences, festivals, and other events have been thrown into flux due to the coronavirus pandemic.
Partner Gonzalo Mon provides an update on such agreements and force majeure clauses (which excuse a party’s obligations to perform under a contract when extraordinary circumstances beyond the party’s control prevent it from performing) so you know what to do when structuring agreements going forward.
Blog - https://www.adlawaccess.com/2020/03/articles/do-your-sponsorship-agreements-address-event-cancellation/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Produced by Jeff Scurry
Recently Georgia Attorney General Carr warned consumers of potential price gouging of baby formula and related scams. He notes price gouging protections are in effect there until at least June 14, 2022 due to a state of emergency caused by supply chain disruptions. Attorney General Carr also noted problems with inflation and gas prices.
Later in the week these concerns were echoed in a House Judiciary Committee meeting addressing in part “Combatting Corporate Profiteering.” State representatives raised concerns on prices in these same industries of oil and formula, for instance. We have already also seen states inquire about gas prices. So, Georgia likely is not the only state scrutinizing prices as we encounter continued supply chain issues and inflation.
https://www.adlawaccess.com/2022/05/articles/formula-price-gouging/
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Hosted by Simone Roach
Produced by Jeff Scurry
Lions Not Sheep is a clothing company that, in its own words, allows consumers who wear its clothes to “show people it’s possible to live your life as a LION, not a sheep.” In addition to making people aware of that possibility, the company prominently advertises that its goods are “Made in the USA,” “Made in America,” “100% AMERICAN MADE,” and – to put a finer point on it – the “BEST DAMN AMERICAN MADE GEAR ON THE PLANET.”
Lions Clothing TagThe FTC disagreed on the US origin claims (but stayed largely silent on the possibility of living like a lion). According to its complaint, the company took clothing that was made in another country, removed tags showing the country of origin, and printed “Made in the USA” on the items. The FTC alleged that in most cases, goods that were advertised as “Made in USA” were wholly imported with limited finishing work performed in the United States.
https://www.adlawaccess.com/2022/05/articles/ftc-tames-lions-making-made-in-usa-claims/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Hosted by Simone Roach
Produced by Jeff Scurr
Connecticut became the fifth state to pass comprehensive privacy legislation when Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” into law. Connecticut joins California, Virginia, Colorado, and Utah in enacting new privacy laws that take effect in 2023. Out of fifty states in the U.S., ten percent have now passed a comprehensive privacy law.
Effective July 1, 2023, the Connecticut law adopts a general framework of definitions, consumer rights, and compliance obligations based on concepts of data controller and data processor from the EU’s General Data Protection Regulation (GDPR), and the right to opt out of the “sale” of personal data as first articulated in the California Consumer Privacy Act (CCPA). Overall, the Connecticut law mirrors Colorado’s privacy law but then borrows select concepts from the California, Virginia, and Utah laws. The result is a hybrid of the pre-existing state laws, but not a law that introduces significant contradictions or unique compliance challenges.
The following are highlights of the Connecticut law
Blog:
Contacts:
Alysa Z. Hutnik Alexander I. Schneider
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Produced by Jeff Scurry
Gonzalo Mon wrote:
NAD recently issued a decision in a challenge that Zillow brought against Apartments.com involving a humorous campaign that featured Jeff Goldblum. The decision covers a lot of ground, including some issues that may be unique to the rental market. For today, though, we’ll focus on an issue that spans industries and comes up frequently. Specifically, we’ll look at popularity claims, such as the advertiser’s “The Most Popular Place to Find a Place” tagline and a couple of “#1” claims.
Blog - https://www.adlawaccess.com/2022/05/articles/nad-judges-a-popularity-contest/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
www.kelleydrye.com
Hosted by Simone Roach
Produced by Jeff Scurry
Earlier this week, 50 states and D.C. obtained a $141 million settlement with Intuit related to its advertising of free and freemium TurboTax products. This settlement, which took the form of an Assurance of Voluntary Compliance (a special kind of settlement authorized by many state unfair and deceptive trade practice laws), concluded a three year investigation of the company, and is an example of a bipartisan and nearly unanimous effort among state AGs to address a consumer protection matter. However, it came as a precursor to several state AGs pulling out of the National Association of Attorneys General signaling division within the State AG community.
Blog - https://www.adlawaccess.com/2022/05/articles/state-attorneys-general-settle-with-turbotax-maker-over-free-tax-preparation-services/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Hosted by Simone Roach
Produced by Jeff Scurry
In a major development, the States of Missouri, Montana, and Texas have announced their withdrawal from the National Association of Attorneys General (NAAG). For several months, there have been increasing rumblings from certain states over questions and concerns about the organization, leading to this significant announcement. The long term impact of this announcement, however, remains to be seen.
Blog - https://www.adlawaccess.com/2022/05/articles/three-state-ags-to-leave-the-national-association-of-attorneys-general/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Hosted by Simone Roach
Produced by Jeff Scurry
We described draft legislation circulating in the Senate Commerce Committee that would have given the Federal Trade Commission almost unfettered authority to enjoin permanently any act, practice or method of competition that did not meet its approval. https://www.adlawaccess.com/2022/05/articles/senate-commerce-committee-chair-pushes-one-sided-13b-fix/ All the Commission would need to do is show that a reasonable person had fair notice that the conduct “could” violate the FTC Act.
Senator Cantwell has now introduced the bill and it’s more one-sided today than it was in draft form. The need to show fair notice of even a possible violation is gone.
Blog: https://www.adlawaccess.com/2022/05/articles/update-chair-cantwell-introduces-s-4145-a-one-sided-13b-fix/
John E. Villafranco jvillafranco@kelleydrye.com (202) 342-8423 Bio - www.kelleydrye.com/Our-People/John-E-Villafranco
Maggie C. Crosswy mcrosswy@kelleydrye.com (202) 431-4760 Bio - www.kelleydrye.com/Our-People/Maggie-C-Crosswy
Hosted by Simone Roach
Produced by Jeff Scurry
Senate Commerce Committee Chair Pushes One-Sided 13(b) Fix
The one-year anniversary of the Supreme Court’s decision in AMG Capital Management, LLC v. FTC has renewed calls for Congressional action to expand and codify the Federal Trade Commission’s enforcement authority under Section 13(b) of the FTC Act. Last Thursday, we wrote here about the agency’s most recent open meeting, during which Commissioners heard from a key Senate staffer that Senate Commerce Committee Chair Maria Cantwell (D-WA) intended to introduce what she hoped would be a bipartisan fix. Yesterday, Chair Cantwell’s bill was made public, and its terms render any hope of bipartisan support a long-shot, at best, with little likelihood of garnering the Republican support needed to clear the chamber.
https://www.adlawaccess.com/2022/05/articles/senate-commerce-committee-chair-pushes-one-sided-13b-fix/#more-10502
Hosted by Simone Roach Produced by Jeff Scurry
FTC Uses AMG Anniversary to Push for a Bipartisan 13(b) Legislative Fix in an Increasingly Partisan Environment
During the Federal Trade Commission’s April 28 open meeting, Commissioners utilized the one-year anniversary of the Supreme Court’s decision in AMG Capital Management, LLC v. FTC to highlight the implications of the ruling that gutted their enforcement authority under Section 13(b) of the FTC Act. Commissioners called yet again for a legislative fix and were encouraged by public remarks from a counsel to Senate Commerce Committee Chair Maria Cantwell (D-WA), who delivered an update from the chair that she “hope[d] to have a bipartisan solution soon” – whether that solution can get over the line remains far from certain.
https://www.adlawaccess.com/2022/04/articles/ftc-uses-amg-anniversary-to-push-for-a-bipartisan-13b-legislative-fix-in-an-increasingly-partisan-environment/
John E. Villafranco jvillafranco@kelleydrye.com (202)342-8423 Bio - www.kelleydrye.com/Our-People/John-E-Villafranco
Maggie C. Crosswy mcrosswy@kelleydrye.com (202) 431-4760 Bio - https://www.kelleydrye.com/Our-People/Maggie-C-Crosswy
Hosted by Simone Roach
Produced by Jeff Scurry
The increasing number of states enacting privacy laws means more privacy litigation. From the webinar of the same name, on this podcast the two co-chairs of Kelley Drye's Consumer Class Action Defense practice discuss:
- California Consumer Privacy Act (CCPA) and related laws covering privacy
- California Invasion of Privacy Act (CIPA) (Cal. Penal Code § 631, 632)
- Telephone Consumer Protection Act (TCPA) (47 USC 227)
- Video Privacy Protection Act (VPPA) (18 U.S.C. 2710)
- Illinois Biometric Information Privacy Act (BIPA)
Webinar link:
Contacts Lauri Mazzuchetti Partner lmazzuchetti@KelleyDrye.com (973) 503-5910 Bio: https://www.kelleydrye.com/Our-People/Lauri-A-Mazzuchetti
Becca Wahlquist Partner bwahlquist@kelleydrye.com (213) 547-4916 Bio: https://www.kelleydrye.com/Our-People/Becca-J-Wahlquist
Hosted by Simone Roach
There’s a “request for investigation” pending at the FTC that some of our readers might have missed. The April 12 complaint, filed by Georgetown Law professor Laura Moy on behalf of the Council on American-Islamic Relations, urges the FTC to conduct a wide-ranging investigation of the location data industry.
Blog - https://www.adlawaccess.com/2022/04/articles/complaint-urges-ftc-to-investigate-the-location-data-industry/#more-10495
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Produced by Jeff Scurry
DOJ Guidance on Website Accessibility Provides Little Clarity
Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys. Every year since 2018, over 2,000 of such suits have been filed in federal courts, and many other suits have been threatened and settled outside of the public eye. Part of the problem is the lack of clear guidance in this area. Although settlements provide some insights about what standards companies should use, they don’t shed light on thornier issues, such as whether 100% compliance with those standards – something many experts think is not realistic – is required.
https://www.adlawaccess.com/2022/04/articles/doj-guidance-on-website-accessibility-provides-little-clarity/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Geoffrey W. Castello gcastello@kelleydrye.com (973) 503-5922 Bio - https://www.kelleydrye.com/Our-People/Geoffrey-W-Castell www.kelleydrye.com
Hosted by Simone Roach
Produced by Jeff Scurry
Hosted by Simone Roach
In January, we posted that Fashion Nova had agreed to settle an FTC complaint alleging that the company’s practice of suppressing negative reviews on its site “deprives consumers of potentially useful information and artificially inflates the product’s average star rating” in violation of Section 5 of the FTC Act. According the FTC’s complaint, the company would automatically post four- and five-star reviews, but failed to post any review with a lower rating for about four years.
Blog - https://www.adlawaccess.com/2022/04/articles/fashion-nova-sued-over-failure-to-post-negative-reviews/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
www.kelleydrye.com
Produced by Jeff Scurry
Recently Paul Singer and Beth Chun discussed in a blog post of the same name the National Association of Attorneys General or NAAG. In this companion podcast, Paul and Beth answer the much asked question "what is NAAG and what does it do and shed some light into NAAG that has often perplexed onlookers.
Blog - https://www.adlawaccess.com/2022/04/articles/state-attorneys-general-naag-about-consumer-protection/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Produced by Jeff Scurry
Court Dismisses Lawsuit Against Allbirds Over Green Claims
Last year, we posted about a lawsuit against Allbirds alleging (among other things) that the company’s environmental claims – including claims about its “sustainable” practices, the “low carbon footprint” of its shoes, and its other “environmentally friendly” initiatives – are false and misleading. This week, the US District Court for the Southern District of New York dismissed the lawsuit. The decision covers a lot of ground, but here are some of the key points.
https://www.adlawaccess.com/2022/04/articles/court-dismisses-lawsuit-against-allbirds-over-green-claims/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
www.kelleydrye.com
Produced by Jeff Scurry
Hosted by Simone Roach
WFA Issues Guidance on Green Claims
Companies that make environmental or “green” claims generally refer to the FTC’s Green Guides for guidance on what they can and cannot say and what substantiation they need. At this point, though, the Green Guides are more than ten years old and they don’t clearly answer many of the questions advertisers have today. Although the FTC has indicated that it plans to review and update the Green Guides, we don’t know when a new version will be out.
Blog - https://www.adlawaccess.com/2022/04/articles/wfa-issues-guidance-on-green-claims/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Produced by Jeff Scurry
Takeaways from the FTC’s 2023 Budget Proposal
Hosted by Simone Roach
ICYMI, the White House’s 2023 budget proposal includes $490 million for the FTC, reflecting a substantial increase ($139 million) over the FTC’s current budget of $351 million. To support this proposal, the FTC recently submitted a budget justification to Congress providing details about the need for the increase and how the funds would be spent. Our brief review of the FTC’s submission turned up some interesting insights:
https://www.adlawaccess.com/2022/04/articles/takeaways-from-the-ftcs-2023-budget-proposal/
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
www.kelleydrye.com
Produced by Jeff Scurry
Contacts
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Alysa Z. Hutnik (202) 342-8603 ahutnik@kelleydrye.com Bio - www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 Bio - www.kelleydrye.com/Our-People/Alex…der-I-Schneider
Contact Info
Alysa Z. Hutnik (202) 342-8603 ahutnik@kelleydrye.com Bio - www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Jonathan Joseph Ketch jonathan@ketch.com
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 Bio - www.kelleydrye.com/Our-People/Aaron-J-Burstein Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - www.kelleydrye.com/Our-People/Laur…Riposo-VanDruff
We are replaying our most popular episodes from the first quarter of 2022. Today's episode comes from our January 20 blog post Top Privacy Issues to Watch in 2022 - www.adlawaccess.com/2022/01/article…-watch-in-2022/
Contacts
Any member of Kelley Drye’s Privacy team - www.kelleydrye.com/Our-Practices/R…unseling-and-Co
Subscribe to the Ad Law Access Blog - www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Now that the first quarter of 2022 has ended, we thought we would point out the most popular episodes of the Ad Law Access Daily Podcast so far this year. This episode covers our most popular episode so far this year based on Jessica Rich’s January 10 blog post, “The FTC’s Magnuson-Moss Rulemaking Process – Still an Uphill Climb.”
Blog Post - www.adlawaccess.com/2022/01/article…n-uphill-climb/ Contact Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Five Consumer Protection Trends You Should Be Watching Out For ( or Greatest Hits So Far This Year)
With guest host Kristi Wolff
With our entrance into the second quarter, Kristi takes a look at five things that she’s been noticing to help gauge what we should be watching for:
Free Claims
FTC to Intuit: “Free” Not Free for Most Taxpayers https://www.adlawaccess.com/2022/03/articles/ftc-to-intuit-free-not-free-for-most-taxpayers/
Green Claims
NAD Continues to Focus on Green Claims https://www.adlawaccess.com/2022/03/articles/nad-continues-to-focus-on-green-claims/
Subscriptions
Ad Law Access https://www.adlawaccess.com/?s=subscriptions
Prop 65
Kelley Green Law Blog https://www.kelleygreenlawblog.com/?s=prop+65
Food Litigation and Standards of Identity https://www.adlawaccess.com/?s=food
Contact
KRISTI L. WOLFF Partner kwolff@kelleydrye.com (202) 342-8805 Bio - https://www.kelleydrye.com/Our-People/Kristi-L-Wolff
Produced by Jeff Scurry
Lather, Rinse, Review, Repeat – NAD Issues New Decision on Haircare Reviews
Last year, Prose – a company that makes customized haircare products – brought an NAD challenge against a competitor, Function, over Function’s claims that it had over 110,000 5-star product reviews. Shortly after that, Function filed a challenge against Prose over Prose’s claims that it had over 192,000 5-star product reviews. NAD recently reopened the second challenge, and the new decision includes additional insights into how NAD examines reviews.
https://www.adlawaccess.com/2022/04/articles/lather-rinse-rep…haircare-reviews/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
FTC to Intuit: “Free” Not “Free” for Most Taxpayers
If you follow the FTC, you likely saw its widely-covered filing this week alleging that Intuit, the marketer of TurboTax, has deceptively claimed for years that its online tax preparation services are “free,” when they’re free for only a subset of taxpayers. The FTC’s case parallels two class actions already underway; some state AGs are reportedly investigating the company as well.
https://www.adlawaccess.com/2022/03/articles/ftc-to-intuit-free-not-free-for-most-taxpayers/
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Hosted by Simone Roach
After Remington Settlement, Attorneys General Aim To Press Forward With Consumer Protection Investigations of Firearms Manufacturers
David M. Reap dreap@kelleydrye.com (212) 808-7636 Bio - https://www.kelleydrye.com/Our-People/David-M-Reap
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Credential Stuffing: Cyber Best Practices from NY Attorney General’s Latest Report
Hosted by Simone Roach
The New York State Office of the Attorney General urged businesses to incorporate safeguards to detect and prevent credential-stuffing attacks in their data security programs. The guidance stemmed from the AG’s finding that 1.1 million customer accounts at “well-known” companies appeared to have been compromised in credential-stuffing attacks.
Blog Post - https://www.adlawaccess.com/2022/01/articles/credential-stuffing-cyber-best-practices-from-ny-attorney-generals-latest-report/
Contacts
Alysa Z. Hutnik (202) 342-8603 ahutnik@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - https://www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 Bio - www.kelleydrye.com/Our-People/Alex…der-I-Schneider
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
Hosted by Simone Roach
How Many is Many?
NAD recently announced a decision in a challenge that Charter brought against T-Mobile for its home internet service. The decision covers a lot of ground and is worth reading if you work in the telecom space. But for the purposes of this post, we’re going to focus more narrowly on one specific issue that spans industries.
Charter challenged T-Mobile’s claim that it provided “average speeds over 100 Mbps for most customers.” Although T-Mobile voluntarily agreed to stop making that claim, NAD focused on another variation that still appeared on the company’s website. One question in an FAQ asked: “What speeds can I expect from T-Mobile Home Internet?” In response, T-Mobile stated that “many” users will experience average download speeds of over 100 Mbps.
Blog Post - www.adlawaccess.com/2022/03/articles/how-many-is-many/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Produced by Jeff Scurry
In the absence of a federal privacy law, privacy has been at the forefront of many states’ legislative sessions this year. Listen to this replay of the webinar of the same name to learn about the latest developments in state privacy law, make sense of these developments and understand their practical impact.
Webinar link: https://kelleydrye.zoom.us/webinar/register/WN_yPJ8iSTTQfWekukYwNClZQ
Contacts
Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 Bio - https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Robert B. Cunningham rcunningham@kelleydrye.com (312) 857-2629 Bio - https://www.kelleydrye.com/Our-People/Robert-B-Cunningham
Hosted by Simone Roach
The New York Attorney General announced that Fareportal had agreed to pay $2.6 million to end an investigation over its use of “dark patterns” to manipulate consumers into booking flights and hotel accommodations. As we’ve noted in previous posts, “dark patterns” is arguably a new name to describe practices that have been around for a while, so it helps to see some examples of what the AG alleged Fareportal did.
Blog Post - https://www.adlawaccess.com/2022/03/articles/fareportal-to-pay-2-6-million-over-dark-patterns/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
Hosted by Simone Roach
NAD Continues to Focus on Green Claims
Most NAD challenges are initiated by competitors, but NAD can also initiate its own inquiries as part of its mission to independently monitor national ads for truthfulness and accuracy. Over the past few months, NAD has initiated inquiries into green claims made by Georgia-Pacific and Everlane. Last week, NAD announced a decision involving an inquiry into various green claims made by Chipotle, once again signaling that these types of claims are a priority.
Blog Post - https://www.adlawaccess.com/2022/03/articles/nad-continues-to-focus-on-green-claims/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Hosted by Simone Roach
As companies wait to see whether the Utah Consumer Privacy Act (UCPA) becomes the fourth comprehensive state privacy law, we are providing an overview of some of the Act’s key provisions – and how they depart from comprehensive privacy laws in California, Colorado, and Virginia.
Utah’s Senate unanimously passed the UCPA on February 25. The House – also through a unanimous vote – followed on March 2. The Legislature sent the UCPA to Governor Spencer Cox on March 15. Because the Legislature adjourned on March 4, Governor Cox has 20 days from the date of adjournment – March 24 – to sign or veto the Act. If Governor Cox takes no action, the UCPA will become law, with an effective date of December 31, 2023.
In broad strokes, the UCPA is similar to the Virginia Consumer Data Protection Act (VCDPA) and Colorado Privacy Act (CPA). And, like the laws in Colorado and Virginia, the UCPA borrows some concepts from the CCPA – including a version of the right to opt out of the “sale” of personal data.
However, the UCPA pares back important features of all three of these laws. Some of the significant changes include:
Blog post - https://www.adlawaccess.com/2022/03/articles/how-the-utah-consumer-privacy-act-stacks-up-against-other-state-privacy-laws/#more-10408
Contacts
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 Bio - https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Kaelyne Yumul Wietelman kwietelman@kelleydrye.com (202) 342-8478 Bio - www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman
Produced by Jeff Scurry
Hosted by Simone Roach
There’s bipartisan momentum in Congress to enact stronger privacy protections for kids and teens – and specifically, tools that would enable minors and their parents to limit algorithms and online content that fuel self-harm and addictive behaviors. These efforts, reflected in several federal bills (see here and here) and now in a California bill too, build on months of testimony by a social media insider and are modeled in large part on the UK’s Age Appropriate Design Code.
Blog Post - https://www.adlawaccess.com/2022/03/articles/age-appropriate-codes-well-meaning-but-do-they-make-for-good-law/
Contact
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
Hosted by Simone Roach
Rumors suggest that Senator Schumer is maneuvering to confirm Alvaro Bedoya as FTC Commissioner sooner rather than later, which would give FTC Chair Khan the majority she needs to move forward on multiple fronts. One of those fronts is consumer privacy, for which Khan has announced ambitious plans that have stalled for lack of Commissioner votes. With Bedoya potentially on deck, now seems like a good time to recap those plans, as they might provide clues about what’s in the pipeline awaiting Bedoya’s vote. We focus here on three priorities Khan has emphasized in statements and interviews since becoming Chair.
Blog Post - https://www.adlawaccess.com/2022/03/articles/lina-khans-privacy-priorities-time-for-a-recap/
Contact
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
Hosted by Simone Roach
The FTC regularly investigates Made in USA claims, but private actions have been less frequent. New Balance, however, has faced at least two class action lawsuits alleging it falsely advertises its footwear products as “Made in the USA.” The most recent complaint , proposing a nationwide class, was filed in the U.S. District Court for the District of Massachusetts and alleges violations of California’s False Advertising Law, Unfair Competition Law, and Consumers Legal Remedies Act, as well as fraud and breach of warranty. New Balance has filed a motion to dismiss, asserting that plaintiffs are trying to re-litigate the same legal theories and the same conduct involved in a case that New Balance previously settled. In the previous case, without admitting liability, New Balance agreed to take additional steps (operative by the 2019 settlement date) to disclose that its shoes have “domestic value of 70% or greater” and to pay $750,000.
Blog Post - www.adlawaccess.com/2022/03/articles/did-the-other-shoe-drop-another-class-action-against-new-balance-for-its-made-in-usa-claims/
Contacts Christie Grymes Thompson cgthompson@kelleydrye.com (202) 342-8633 Bio: https://www.kelleydrye.com/Our-People/Christie-Grymes-Thompson
Katrina Hatahet khatahet@kelleydrye.com (202) 342-8553 https://www.kelleydrye.com/Our-People/Katrina-Hatahet
Hosted by Simone Roach
Our colleagues have just published an advisory that summarizes recent amendments made by the Federal Acquisition Regulation (FAR) Buy American Act requirements. The amendments implement the Biden Administration’s Executive Order “Ensuring the Future Is Made in all of America by All of America’s Workers.” See the advisory for the full details.
We carefully monitor Made In USA issues at the Federal Trade Commission and maintain a tracker of Made In USA closing letters. If you want to subscribe to Kelley Drye’s Made In USA Tracker email marketing@kelleydrye.com. Additional Made In USA information can be found in our Advertising and Privacy Law Resource Center.
Blog Post - https://www.adlawaccess.com/2022/03/articles/buy-american-final-rule-ups-the-domestic-content-ante/
Hosted by Simone Roach
In the first formal written opinion interpreting CCPA compliance obligations, California Attorney General Rob Bonta concludes that the CCPA grants consumers the right to know and access internally generated inferences that businesses generate about them, but that the CCPA does not require businesses to disclose trade secrets.
The 15-page opinion, issued on March 10, responds to a question posed by Sacramento area Assemblyman Kevin Kiley (R): “Under the California Consumer Privacy Act, does a consumer’s right to know the specific pieces of personal information that a business has collected about that consumer apply to internally generated inferences the business holds about the consumer from either internal or external information sources?”
Blog Post - https://www.adlawaccess.com/2022/03/articles/california-ags-first-ccpa-opinion-takes-a-broad-view-of-the-right-to-access-inferences/
Contacts
Aaron Burstein aburstein@kelleydrye.com www.kelleydrye.com/Our-People/Aaron-J-Burstein
Alexander Schneider aschneider@kelleydrye.com www.kelleydrye.com/Our-People/Alexander-I-Schneider
Produced by Jeff Scurry
Hosted by Simone Roach
Artesian Builds makes customized computers, with a focus on products for gamers and streamers on platforms such as YouTube and Twitch. Like many companies, Artesian uses brand ambassadors to help promote its products. As part of its ambassador program, Artesian offered participants opportunities to earn credits toward future purchases and chances to win computers during monthly sweepstakes.
Although it’s not clear what rules governed the sweepstakes, CEO Noah Katz apparently decided to change them during a live-streamed event on March 1, 2022. After selecting a winner, Katz publicly discarded her entry because she didn’t have as many followers as he would have liked. He then proceeded to disqualify other randomly-selected entrants who didn’t have “redeeming qualities.”
Blog Post - https://www.adlawaccess.com/2022/03/articles/sweepstakes-goes-wrong-company-shuts-down/
Contact:
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Produced by Jeff Scurry
Hosted by Simone Roach
Just when you thought you had a handle on domain name enforcement, blockchain technology has given rise to blockchain domain names, which bring novel and complex challenges. There are currently millions of blockchain domain names, with extensions such as “.crypto” and “.eth.” These domain names may be used as an address for a website (typically on the decentralized web), as well as for other purposes, such as an identifier or nickname for a crypto wallet. Some blockchain domain names mimic brand or celebrity names and are being offered for sale on NFT marketplaces for the cryptocurrency equivalent of $100,000 or much more. This advisory provides a summary background regarding blockchain domain names and some suggestions for rights owners to navigate the new challenges they present with respect to enforcement.
This podcast and advisory provide:
Basic background regarding blockchain domain names What is a Blockchain Domain Name? How Are Blockchain Domain Names Used? Alternative enforcement strategies
Link to advisory - https://www.kelleydrye.com/News-Events/Publications/Client-Advisories/Unauthorized-Blockchain-Domain-Names-What-s-a-Bran
Please contact Andrea Calvaruso or Kerianne Losier if you have intellectual property (IP) related questions about these developments or how they may apply to your business.
Andrea Calvaruso acalvaruso@kelleydrye.com (212) 808-7853 Bio - https://www.kelleydrye.com/Our-People/Andrea-L-Calvaruso
Kerianne Losier klosier@kelleydrye.com (212) 808-7584 Bio - https://www.kelleydrye.com/Our-People/Kerianne-Losier
Produced by Jeff Scurry
Hosted by Simone Roach
From time to time we will revisit some of the most popular Ad Law Access blog posts. On this episode, we will cover a post from exactly two years ago today: Do Your Sponsorship Agreements Address Event Cancellation?
Over the past few weeks, a number of organizations have announced their plans to cancel conferences, festivals, and other events over fears about spreading the coronavirus. Undoubtedly, the companies who’ve paid to sponsor these events have by now pulled out their sponsorship agreements to see what those agreements say about what happens next.
When companies start to negotiate a sponsorship for an event, it’s common to focus on the benefits of the partnership and to ignore the possibility that the event won’t run as planned. After all, we’re lucky enough to live in a world where that rarely happens. But when it does, it serves as an important reminder that companies sometimes need to plan for these contingencies.
Blog Post - https://www.adlawaccess.com/2020/03/articles/do-your-sponsorship-agreements-address-event-cancellation/
Contacts
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Cameron R. Argetsinger cargetsinger@kelleydrye.com (202) 342-8649 Bio - https://www.kelleydrye.com/Our-People/Cameron-R-Argetsinger
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
Hosted by Simone Roach
In late January, Georgia Attorney General Chris Carr reached a settlement with Rent-A-Center regarding a variety of alleged deceptive practices in its rent-to-own business, including in its debt collection and general disclosure practices. Maybe you’re thinking, “I’m not in the rent-to-own business, so why is this case important to me?” AG Carr’s settlement, which took the form of an Assurance of Voluntary Compliance (AVC), includes many important takeaways that you should think about no matter what industry you may be in, especially if you operate in multiple states. And with State AG consumer protection enforcement expected to increase in 2022 – knowing how AGs might approach an investigation is more important than ever.
So what can we glean from this Georgia settlement? A lot.
Blog Post - https://www.adlawaccess.com/2022/03/articles/georgia-ags-avc-with-rent-a-center-is-a-lesson-in-state-authority/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
Hosted by Simone Roach
In recent years, more companies have been willing to take public positions on social issues and to promote certain causes. Different types of promotions raise different legal issues. For example, if a company advertises that a purchase will lead to a donation to a charity, that could trigger requirements under commercial co-venture laws. (Listen to this podcast for more details.) Other types of promotions – such as simply announcing a charitable donation – trigger fewer requirements.
Blog Post - https://www.adlawaccess.com/2022/03/articles/nad-reviews-charitable-donation-claims/
Contacts
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon LinkedIn - https://www.linkedin.com/in/gonzalomon
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Under Chair Lina Khan, the Federal Trade Commission has announced an aggressive privacy agenda, which is unfolding on the enforcement, regulatory, and policy fronts. In recent enforcement actions, the FTC has sought stringent remedies, including data deletion, bans on conduct, notices to consumers, stricter consent requirements, individual liability, and significant monetary relief based on a range of creative theories. The FTC has also announced that it intends to launch a rulemaking to limit "surveillance advertising." The FTC has also issued two rounds of guidance on its Health Breach Notification Rule -- which has never been the subject of an FTC enforcement action and is the subject of an open rulemaking proceeding.
From the webinar of the same title, to help make sense of these developments -- and understand their practical impact -- Kelley Drye's Privacy team took a deep look at these key recent developments and put them in the context of the FTC's recent challenges and setbacks.
Webinar link: https://protect-us.mimecast.com/s/ARl1CERZBgso0XW9hPaPBL
Contacts
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 Bio - https://www.kelleydrye.com/Our-People/Aaron-J-Burstein Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Jayson B. Lewis jlewis@kelleydrye.com (212) 808-7527 Bio - https://www.kelleydrye.com/Our-People/Jayson-B-Lewis
Subscribe to the Ad Law Access Blog - www.adlawaccess.com/subscribe
Hosted by Simone Roach
49 State Attorneys General joined in a National Association of Attorneys General letter authored by Florida, Iowa, Mississippi, Pennsylvania, and Tennessee responding to the FTC’s Request for Public Comment concerning impersonation scams. While a bipartisan coalition from the State AGs on consumer issues isn’t particularly surprising, the call for additional federal oversight into areas the State AGs already have authority to enforce is certainly interesting.
The letter notes that, “Attorneys general are uniquely qualified and well-positioned to provide insights regarding impersonation scams.” Not only do State AGs provide insights regarding these scams, but also they often enforce their laws prohibiting unfair and deceptive practices (UDAP) to stop them. The letter details several recent State AG actions in this area, including settlements with companies allegedly sending deceptive mail solicitations that appeared to come from government agencies, and companies making calls impersonating government agencies and other businesses. Having obtained these resolutions, it is interesting that the State AGs then write that “there is a pressing need for FTC rulemaking to address the scourge of impersonation scams” and that “a national rule that encompasses and outlaws such commonly experienced scams discussed herein would assist attorneys general and their partners in reducing consumer harm….”
Blog Post - https://www.adlawaccess.com/2022/02/articles/state-attorneys-general-fight-imposters-among-us/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - https://www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Produced by Jeff Scurry
Hosted by Simone Roach
Ad revenue from podcasts in the US continues to grow at a staggering rate. When we last posted about this topic in 2018, IAB had reported that ad revenues had increased 275% over two years to just over $257 million and that the market was expected grow to $1 billion by 2021. Although the 2021 numbers aren’t out yet, IAB stood by that prediction last year, and added that revenues could jump to $2 billion by 2023. This creates significant opportunities for advertisers, but also some risks.
The majority of podcast ads are read by hosts. This can be effective because many listeners are more likely to believe something that is said by a trusted host than by an untrusted corporation, but it also creates risks that typically don’t come up in pre-produced ads. One issue is that if a host reads an ad in the first-person, that ad is likely to come across as a testimonial. Among other things, that usually means that the host must actually believe what he reads. nths.
Blog Post -https://www.adlawaccess.com/2022/02/articles/opportunities-and-risks-in-podcast-advertising/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Hosted by Simone Roach
An FTC rule prohibits companies from stating or implying that a product is made in the USA unless: (1) the final assembly or processing of the product occurs in the USA; (2) all significant processing that goes into the product occurs in the USA; and (3) all or virtually all ingredients or components are made or sourced in the USA. It can be a challenge to figure out whether a product you make meets that standard, but it’s even harder to figure that out for products you didn’t make.
This month, the FTC published a closing letter in an investigation about “Made in USA” claims that Crate and Barrel made about various products that were made by other companies. Although the case doesn’t break new ground, the steps that Crate and Barrel promised to take related to “Made in USA” claims on its site could provide some helpful guidance about what the FTC expects retailers to do when making claims about other companies’ products.
Bio - https://www.adlawaccess.com/2022/02/articles/made-in-usa-closing-letter-addresses-retailer-obligations/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Produced by Jeff Scurry
Authors of the Ad Law Access blog post of the same title Kristi Wolff and Jaclyn Metzinger are joined by Joe Green to explore:
Prop 65 Notable Dishes From the Food Court Food Filings Trends
Blog Posts
Food + Personal Care Litigation and Regulatory Highlights – January 2022 - https://www.adlawaccess.com/2022/02/articles/food-personal-care-litigation-and-regulatory-highlights-january-2022/
The Prop 65 Pandemic: No Covid Slow-Down for Enforcement - https://www.kelleygreenlawblog.com/2022/02/the-prop-65-pandemic-no-covid-slow-down-for-enforcement/
Contacts
Kristi L. Wolff Partner kwolff@kelleydrye.com (202) 342-8805 Bio - https://www.kelleydrye.com/Our-People/Kristi-L-Wolff
Jaclyn M. Metzinger Partner jmetzinger@kelleydrye.com (212) 808-7843 Bio - https://www.kelleydrye.com/Our-People/Jaclyn-M-Metzinger
Joe Green jgreen@kelleydrye.com (202) 342-8849 Bio - https://www.kelleydrye.com/Our-People/Joseph-J-Green
Hosted by Simone Roach
Last October, we blogged that bipartisan momentum was building in Congress to enact stronger privacy protections for children, even if (and especially if) Congress remains stalled on broader federal privacy legislation. Of particular significance, we noted a strong push to protect, not just kids under 13 (the cutoff under COPPA), but also teens. Since then, the momentum to enact stronger privacy protections for kids and teens has only increased, fueled by charges that social media and algorithms are causing self-harm and addictive behaviors by minors; multiple rounds of testimony from a former social media insider; and the desire in Congress to find common ground on some aspect of consumer privacy. Several kid/teen bills have been proposed in just the last couple months.
The latest of these bills, introduced last week by Senators Blumenthal and Blackburn, has drawn a lot of attention – both because it’s bipartisan, and because these two Senators lead a key Senate subcommittee and held multiple hearings on algorithmic harms to teens. The bill (the Kids Online Safety Act or “KOSA”) has been endorsed by a number of organizations that focus on protecting kids’ safety and mental health. It also has drawn praise from Senator Cantwell, Chair of the Senate Commerce Committee, who told at least one media outlet that she is considering a committee markup on the bill.
Blog Post - https://www.adlawaccess.com/2022/02/articles/new-federal-bill-to-protect-kids-privacy-will-this-one-break-through/
Contacts
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Lauren F. Myers lmyers@kelleydrye.com (202) 342-8473 Bio - https://www.kelleydrye.com/Our-People/Lauren-F-Myers
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
Hosted by Simone Roach
the FTC released an Advanced Notice of Proposed Rulemaking (ANPR) on earnings claims as it embarked on a mission to adopt a rule that would give the FTC, in its own words, “an important new tool to return money to consumers injured by deceptive income claims, and to hold bad actors accountable with civil penalties.” Importantly, the ANPR also suggests that the rule could do more than just change the FTC’s enforcement tools and also seek to substantively change the standard that has long been applied in analyzing earnings and lifestyle claims. Interested parties will have 60 days from publication in the Federal Register to submit comments and respond to the FTC’s questions and requests for evidence.
Blog Post - https://www.adlawaccess.com/2022/02/articles/the-ftc-seeks-comments-and-signals-changes-to-come-in-new-rulemaking-on-earnings-claims/
Contact
John E. Villafranco jvillafranco@kelleydrye.com (202) 342-8423 Bio - www.kelleydrye.com/Our-People/John-E-Villafranco
Donnelly L. McDowell dmcdowell@kelleydrye.com (202) 342-8645 Bio - www.kelleydrye.com/Our-People/Donnelly-L-McDowell
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
Hosted by Simone Roach
In several recent posts and a webinar, we’ve talked about how the FTC and state AGs are focusing on automatic renewals. A series of new laws and investigations show that this continues to be a hot topic for both lawmakers and regulators. But a new settlement involving Noom’s automatic renewal practices for its weight loss program serves as a reminder that class action attorneys are also paying attention and that the costs of getting things wrong can be very high.
Blog Post - https://www.adlawaccess.com/2022/02/articles/noom-to-pay-over-60m-to-cancel-automatic-renewal-suit/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Produced by Jeff Scurry
On this special episode, Privacy and Information Security practice chair Alysa Hutnik chats with Shana Gillers, TransUnion’s Chief Privacy Officer. Alysa and Shana discuss the journey to becoming a chief privacy officer, hot topics, and what it takes to stay on top of your game in privacy today.
Shana Gillers Shoshana Gillers has served as TransUnion’s Chief Privacy Officer since September 2019. In this role Ms. Gillers oversees compliance with privacy laws across TransUnion’s global footprint and promotes a culture of responsible data stewardship.
Prior to joining TransUnion, Ms. Gillers spent four years at JPMorgan Chase, ultimately serving as Vice President and Assistant General Counsel, Responsible Banking, Data and Privacy. Previously, she served as a federal prosecutor for eight years at the U.S. Attorney’s Office in Chicago, and as a litigator for four years at WilmerHale in New York. Ms. Gillers clerked for the Hon. Robert D. Sack on the U.S. Court of Appeals for the Second Circuit and for the Hon. Aharon Barak on the Supreme Court of Israel.
Ms. Gillers received a B.A. from Columbia University, summa cum laude, and a J.D. from Yale Law School.
Alysa Z. Hutnik Alysa chairs Kelley Drye’s Privacy and Information Security practice and delivers comprehensive expertise in all areas of privacy, data security and advertising law. Her experience ranges from strategic consumer protection oriented due diligence and compliance counseling to defending clients in FTC and state attorneys general investigations and competitor disputes.
Prior to joining the firm, Alysa was a federal clerk for the Honorable Joseph R. Goodwin, United States District Judge, Southern District of West Virginia.
Alysa received a B.A. from Haverford College, and a J.D. from the University of Maryland Carey School of Law.
Upcoming Webinar - Privacy Priorities for 2022
Kelley Drye's Privacy team will take a deep look at these key recent developments and put them in the context of the FTC's recent challenges and setbacks. Please join us on Thursday, February 24 at 4:00 pm ET for this second installment in Kelley Drye's 2022 practical privacy series.
Register here - https://kelleydrye.zoom.us/webinar/register/WN_HZFlZkdtTNePmRK51KY9jw
Produced by Jeff Scurry
Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
Hosted by Simone Roach
On February 10, the FTC announced that it “will vote” at its February 17 open meeting to issue an Advance Notice of Proposed Rulemaking (ANPR) on “deceptive earnings claims for business ventures, gig or other work opportunities, or educational, coaching or training offerings.” Here’s our take on what we can glean from this announcement and what we might expect as the rulemaking process moves forward.
Blog Post - https://www.adlawaccess.com/2022/02/articles/kick-off-time-for-ftc-rulemaking-on-earnings-claims/
Contact
John E. Villafranco jvillafranco@kelleydrye.com (202) 342-8423 Bio - www.kelleydrye.com/Our-People/John-E-Villafranco
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Donnelly L. McDowell dmcdowell@kelleydrye.com (202) 342-8645 Bio - www.kelleydrye.com/Our-People/Donnelly-L-McDowell
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Produced by Jeff Scurry
Hosted by Simone Roach
The makers of Bravecto ran a TV ad comparing Bravecto and NexGard – both flea and tick prevention products – and starring one of the actors from Best in Show. The makers of NexGard challenged the ad before the NAD and the resulting decision holds important lessons for anyone running comparative ads. If you want to take break to watch some dogs, you can find the commercial here (or you can just skip to the picture of my dogs below).
Blog Post - https://www.adlawaccess.com/2022/02/articles/nad-addresses-apples-oranges-and-dogs/
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Produced by Jeff Scurry
Hosted by Simone roach
Please join us for a webinar on February 24, 2022 at 4 p.m. on recent and upcoming FTC developments. The webinar will feature Kelley Drye’s Jessica Rich and Aaron Burstein, both former FTC officials, and will be moderated by the newest addition to our privacy team, Jayson Lewis. Here’s a taste of what we’ll be discussing, building on the commentary we have posted in this blog over the past few months:
All eyes are on the FTC this year, given its recent actions, setbacks, and ambitious plans for 2022.
As we’ve reported here, Chair Lina Khan has announced an aggressive privacy agenda, that includes new regulations; emphasis on the large platforms and other “gatekeepers” in the marketplace; stringent enforcement remedies (such as data deletion, bans on conduct, strict consent requirements, and individual liability); and significant monetary relief based on a range of creative theories.
Khan has already taken steps in this direction, including by issuing a policy statement and guidance reinterpreting the Health Breach Notification Rule; announcing a ramp-up against subscription services that use “dark patterns” to trick consumers into signing up; tightening requirements under the Gramm-Leach Bliley Safeguards Rule; and making strong demands in consent negotiations. In addition, she has announced plans to initiate privacy rulemakings under the FTC’s so-called “Magnuson-Moss” authority, including a rulemaking to limit “surveillance” in the commercial marketplace.
All of this takes place against the backdrop of recent setbacks and ongoing challenges faced by the agency. Last year, the Supreme Court’s ruled in AMG that the FTC cannot obtain monetary relief under Section 13(b) of the FTC Act, it’s chief law enforcement tool. For years, Congress has declined to pass a federal privacy law to strengthen the FTC’s authority in this area. The FTC has limited resources to fulfill its broad mission. And it cannot obtain civil penalties for most first-time law violations.
We will dive into these issues and more in our upcoming webinar, focusing on the practical impact for companies subject to FTC’s jurisdiction. Please join us on Thursday, February 24 at 4:00 pm EST for this second installment of Kelley Drye’s 2022 practical privacy series. Register here https://kelleydrye.zoom.us/webinar/register/WN_HZFlZkdtTNePmRK51KY9jw
Hosted by Simone Roach
We previously reported on an emerging legislative and litigation trend relating to the “pink tax” – a gender-based pricing phenomenon that allegedly results in higher prices for goods and services marketed towards women as compared to substantially similar alternatives marketed towards men. As predicted, the last two years have shown an uptick in litigation (which has been largely unsuccessful) and legislative action (some finalized and some pending).
Blog Post - https://www.adlawaccess.com/2022/02/articles/the-pink-tax-a-litigation-and-legislation-update/
Contact
Jaclyn M. Metzinger (212) 808-7843 jmetzinger@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Jaclyn-M-Metzinger
Emily E. Clark (973) 503-5934 eclark@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Emily-E-Clark
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Produced by Jeff Scurry
Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
Hosted by Simone Roach
As we continue to watch the slow motion, often circular efforts in Congress to develop and enact comprehensive privacy legislation, federal action on privacy could end up coming from some surprising places.
By this, we mean it might not come from Senators Cantwell or Wicker, who have championed the leading, competing privacy bills in the Senate Commerce Committee over the past few years. Nor from Senator Wyden, who just re-introduced his bill to create algorithmic accountability – or from the House and Senate members who just proposed to ban most third-party targeted advertising. And it might not even come from Senators Markey and Cassidy, who support stronger privacy protections for kids and teens, an area of relative consensus among the parties.
Instead, while privacy watchers have their eyes on all of the expected places, the action might come from somewhere else.
Blog Post - https://www.adlawaccess.com/2022/02/articles/a-new-federal-privacy-law-could-come-from-an-unexpected-place/
Contacts
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Produced by Jeff Scurry
Hosted by Simone Roach
The Attorney General Alliance hosted a seminar to address the Colorado Privacy Act (CPA)—what it does and how to prepare for its July 1, 2023 effective date. The seminar featured a discussion with the bill’s sponsors, legal experts, practitioners, and the Attorneys General for Colorado and Wyoming. As the third state to enact a comprehensive privacy law in the United States, it looks like Colorado stakeholders have considered the Virginia Consumer Data Protection Act (VCDPA) and the California Consumer Privacy Act (CCPA), and they are paving a new path for tackling privacy and data security issues not addressed by the plain text of the statute.
Blog Post - https://www.adlawaccess.com/2022/02/articles/icymi-momentum-continues-with-the-colorado-privacy-act/
Contacts
Alysa Z. Hutnik (202) 342-8603 ahutnik@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Laura Riposo DanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Produced by Jeff Scurry
Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
Hosted by Simone Roach
The Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety and Data Security held its second hearing in less than a year on COVID-19 fraud, price gouging, and related enforcement efforts. Groundhog Day Eve was a fitting date for the hearing, as the Federal Trade Commission – this time through Bureau of Consumer Protection Director Samuel Levine – again called on Congress to pass legislation to clarify the agency’s Section 13(b) authority in the wake of the Supreme Court’s AMG decision.
Blog Post - https://www.adlawaccess.com/2022/02/articles/senate-spars-with-ftc-bcp-director-sam-levine-over-ftc-enforcement-surprisingly-from-both-sides/
Contacts
John E. Villafranco jvillafranco@kelleydrye.com (202) 342-8423 Bio - www.kelleydrye.com/Our-People/John-E-Villafranco
Donnely L. McDowell dmcdowell@kelleydrye.com (202) 342-8645 Bio - https://www.kelleydrye.com/Our-People/Donnelly-L-McDowell
Ad Law Access Daily Podcast
If you’re among the over 40% of U.S. consumers who vowed to change how you eat in the new year, fitting into pants that don’t have elastic waistbands may be one of numerous motivators. For many consumers, climate considerations are increasingly among the dietary priorities, and 2022 looks likely to bring plates filled with climate-friendly chicken or one of the many plant-based-protein options, which have grown in market share over 50% in the last two years. As with all environmental claims, though, precise claim language and adequate disclosures are paramount. One enforcement matter from across the pond is a helpful reminder of these ad law basics.
Blog Post - https://www.adlawaccess.com/2022/02/articles/uks-asa-roasts-oatlys-climate-friendly-claims/
Contact
Kristi L. Wolff Partner kwolff@kelleydrye.com (202) 342-8805 Bio - https://www.kelleydrye.com/Our-People/Kristi-L-Wolff
Hosted by Simone Roach
In Part One of this discussion, we provided background on the concept of dark patterns and analyzed some recent examples from State AG enforcement. We concluded that, in alleging dark patterns, State AGs are building primarily on existing precedent governing deception and unfairness but also are trying to push the envelope. Whereas earlier precedent mostly focused on false and hidden information, some of the State’s current allegations lean more towards coercion and the impairment of voluntary action.
In this episode (Part Two), we examine the FTC’s approach to this issue, now and in the past. Here, we conclude that, despite the new terminology, the practices that comprise today’s dark patterns have been core elements of FTC law and policy for years. So far – and we emphasize so far – dark patterns is a catchy (and catch-all) name for a variety of longstanding and well-known practices that trick people into making choices that they would not otherwise make.
Blog Post -https://www.adlawaccess.com/2022/02/articles/dark-patterns-a-new-legal-standard-or-just-a-catchy-name-part-two/
Contact Info
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Hosted by Simone Roach
State and federal regulators have definitely put a new emphasis on combatting so-called “dark patterns” – a term attributed in 2010 to user-experience expert Harry Brignull, who runs the website darkpatterns.org. Consider some of the actions of 2021: In April, the FTC hosted a workshop dedicated to dark patterns. In July, Colorado passed the Colorado Privacy Act that specifically defines and prohibits the use of dark patterns. In October, the FTC issued a policy statement warning against the use of dark patterns in subscription services. And just last week, a bipartisan group of four states sued Google alleging in part violations of state law for Google’s use of dark patterns in obtaining consumers’ consent to collect geolocation information. But other than a catchy name, is there really anything new about the types of conduct that state and federal officials are calling illegal? This two-part blogpost will take a closer look at that question.
Contact Info
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Hosted by Simone Roach
On January 26, Minnesota Federal District Court Judge John Tunheim dismissed a pending action for declaratory relief brought by WinRed, Inc., seeking to enjoin an ongoing consumer protection investigation brought by the Attorneys General of Minnesota, New York, Connecticut, and Maryland. This decision highlights two important points regarding State Attorneys General (AGs): 1) their consumer protection laws are rarely found to be subject to broad federal preemption, and 2) they often can’t be hauled into other states, even if operating as a multistate.
Blog Post -https://www.adlawaccess.com/2022/01/articles/un-check-your-checkboxes-states-not-preempted-by-feca/
Contact
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Ad Law Access Daily Podcast
Hosted by Simone Roach
We wrote about the FTC’s first case involving a company’s failure to post negative reviews. Just a few days later, the FTC reached a $3.5 million settlement with Hubble Contacts. Although much of the FTC’s complaint in the Hubble case alleges violations of the Contact Lens Rule, the FTC also alleged that Hubble engaged in misleading practices related to consumers reviews. The latter should catch your eye, even if you don’t work in the vision industry.
Blog Post - https://www.adlawaccess.com/2022/01/articles/ftc-continues-to-focus-on-incentivized-reviews/
Contacts
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad Law Access Blog - www.adlawaccess.com/subscribe
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Consumer protection enforcement efforts are expected to increase dramatically this year. Recent pronouncements from State Attorneys General around the country bring privacy, big tech and the misuse of algorithms, and basic advertising related frauds into particular scrutiny.
From the webinar of the same title, Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Advertising and Marketing Partner Gonzalo Mon, Privacy Partner Laura VanDruff, and Senior Associate Beth Chun discuss these and other state consumer protection, advertising, and privacy enforcement trends.
Webinar link: https://udenver.zoom.us/rec/play/d12OUXRO-fwuQ4Wou5KgQy5q9G404Ozs2016MwMPKTwiitngPSnh08zbR4SACrcsy4CpGhe7knNmuP9m.Wz4C6Hp7JZCGMrVb?autoplay=true&startTime=1643306408000
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - https://www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe
On another special episode, Kelley Drye’s Privacy Team and Ketch, a data control company, highlighted key legal and self-regulatory developments to monitor, along with practical considerations for how to tackle these changes over the course of the year. This is a podcast version of the recent webinar.
For a video replay of the webinar - https://kelleydrye.zoom.us/rec/share/UluU6GApxeZHiplBizKH3Ta2mOa9yPnl7nn-JxWPOJkGZTWKDoAFlL_3mO8_iCSD.uIrC9Im180BZO5Lx?startTime=1643230807000
Contact Info
Alysa Z. Hutnik (202) 342-8603 ahutnik@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Jonathan Joseph Ketch jonathan@ketch.com
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 Bio - https://www.kelleydrye.com/Our-People/Aaron-J-Burstein Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Ad Law Access Daily Podcast
On this special episode, Jessica Rich and Paul Singer discuss privacy developments they are watching this year on both the federal and state fronts.
Contact Info
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Paul recently presented with other Kelley Drye attorneys on the webinar State Attorney General Consumer Protection Priorities for 2022. A podcast version will hit this feed soon but find a replay of the webinar here - https://kelleydrye.zoom.us/rec/share/IKq7U27_FzA2-nbhVLEUdw30MF-9bqnYXvKnRiYxCcEnL-Cu138Qa5GbZPbeU-aE.yttehXSHstw6fNRt?startTime=1643306408000
Jessica and Paul will be back for future episodes. Until then, find them on the Ad Law Access blog - www.adlawaccess.com. Subscribe here - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Ad Law Access Daily Podcast
Hosted by Simone Roach
Companies often ask us whether they can highlight positive reviews without mentioning negative ones. The good news is that there are ways to do that, but when the conversation veers from highlighting positive reviews to suppressing negative ones, things get trickier. This afternoon, the FTC announced its first case involving a company’s failure to post negative reviews, and the settlement helps illustrate what companies can and cannot do.
Blog Post - https://www.adlawaccess.com/2022/01/articles/ftc-settles-with-company-over-failure-to-post-negative-reviews/
Contacts
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Donnelly L. McDowell Partner dmcdowell@kelleydrye.com (202) 342-8645 Bio - https://www.kelleydrye.com/Our-People/Donnelly-L-McDowell
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/ Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Ad Law Access Daily Podcast
Hosted by Simone Roach
When a company uses an influencer or other person to endorse the company’s products, it’s important that endorsement reflects the endorser’s honest opinions, beliefs, or experiences with the products. Of course, in order for that to happen, the endorser must have actually used the products. This week, the Texas Attorney General filed a lawsuit against Google alleging that the company engaged people to provide endorsements for its Pixel 4 phone, even though they had never used it.
Blog Post - https://www.adlawaccess.com/2022/01/articles/texas-ag-sues-google-over-misleading-endorsements/
Contacts
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/ Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Ad Law Access Daily Podcast
Hosted by Simone Roach Blog Post - https://www.adlawaccess.com/2022/01/articles/once-upon-a-time-in-federal-court/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - https://www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/ Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced by Jeff Scurry
Hosted by Simone Roach
Blog Post - https://www.adlawaccess.com/2022/01/articles/targeted-advertising-in-the-crosshairs-new-bill-seeks-to-ban-many-forms-of-targeted-advertising/
Contacts
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Alysa Z. Hutnik (202) 342-8603 ahutnik@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 Bio - www.kelleydrye.com/Our-People/Alex…der-I-Schneider
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach You’ve probably seen a lot of privacy forecasts for 2022 during the past few weeks. Here’s one that reflects the collective thoughts of our diverse privacy team, which includes former high level officials from the FTC and State AG offices, and practitioners who have been advising clients about privacy for over 30 years.
Note: Our team will discuss these issues, along with practical suggestions for how companies can tackle privacy challenges, in a January 26 webinar at 4 pm ET. Please tune in! You can register here https://kelleydrye.zoom.us/webinar/register/WN_yluCB8JSR8KoPQp30Gldbw
Blog Post - https://www.adlawaccess.com/2022/01/articles/top-privacy-issues-to-watch-in-2022/
Contacts
Any member of Kelley Drye’s Privacy team - https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
Consumers across the country have been scrambling to get their hands on convenient and quick at-home Covid tests for weeks as the Omicron variant surge has gripped the country. With President Biden’s recent announcement that insurance plans will cover the costs of certain at-home Covid tests that started January 15 and the rollout of hundreds of millions of free tests, this trend is unlikely to wane any time soon. State AGs have taken notice, and we have seen many issue consumer alerts warning consumers about fake tests, illegitimate “popup” Covid test sites, and price gouging.
But what can the AGs do about the Covid test shortage? It depends on what test issues they are seeing.
Blog Post - https://www.adlawaccess.com/2022/01/articles/taking-state-ags-temperature-on-covid-tests/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
The Jacksonville Jaguars didn’t have the best season. In addition to finishing last in the AFC South, drama off the field led to fans staging a “clown out,” by wearing rainbow wigs and painted faces to season finale. Faced with the prospect of being associated with the clown out, Roofclaim.com – one of the team’s sponsors – filed a lawsuit against the Jaguars, seeking damages, an injunction to stop the team from using its trademarks, and rescission of the sponsorship agreement.
Blog Post - https://www.adlawaccess.com/2022/01/articles/roofing-company-wants-to-end-sponsorship-and-stop-clowning-around/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/ Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape. www.kelleydrye.com Produced and recorded by Jeff Scurry
Hosted by Simone Roach
In an unusual warning to companies running Java applications with Log4j in their environments, the Federal Trade Commission (FTC) recently cautioned that it “intends to use its full legal authority to pursue companies that fail to take reasonable steps to protect consumer data from exposure as a result of Log4j[] or similar known vulnerabilities in the future.” All companies with consumer information should take heed, assessing information security risks on their systems and devices and implementing policies to guard against foreseeable risks.
Blog Post -https://www.adlawaccess.com/2022/01/articles/ftc-advises-companies-to-remediate-log4j-vulnerability/
Contacts
Laura Riposo DanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Caroline T. Schmitz cschmitz@kelleydrye.com (202) 342-8459 Bio - https://www.kelleydrye.com/Our-People/Caroline-T-Schmitz
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape. www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
New York lawmakers announced a bill aimed at imposing sustainability reporting requirements on the fashion industry. If passed, the Fashion Sustainability and Social Accountability Act would generally require major fashion retailers to map their supply chains, make various disclosures on their websites, and commit to reducing their environmental impact.
The law would broadly apply to fashion retail sellers and manufacturers with more than $100 million in gross revenue that do business in New York. These companies would have to use good faith efforts to map a minimum of 50% of their suppliers by volume across all tiers of production, from raw material to final production. Based on this exercise, companies would have to disclose certain information on their websites.
Blog Post -https://www.adlawaccess.com/2022/01/articles/ny-lawmakers-introduce-sustainability-requirements-for-fashion-industry/
Contacts
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
John M. Foote jfoote@kelleydrye.com (202) 342-8413 Bio - https://www.kelleydrye.com/Our-People/John-M-Foote
Produced and Recorded by Jeff Scurry
Hosted by Simone Roach
State Attorneys General are already off to the races in 2022 – both with a significant number of election campaigns in full swing and an uptick in their consumer protection enforcement efforts. As a result, State AG consumer protection topics will play a big part of 2022. Our Kelley Drye State Attorneys General team will present a webinar on these State AG priorities on January 27. (Register here: https://kelleydrye.zoom.us/webinar/register/WN_m4-f_o9JTqmMeMo-YUoqHA) In the meantime, we provide a snapshot of what’s to come this year.
Blog Post -https://www.adlawaccess.com/2022/01/articles/state-attorneys-general-2022-predictions/
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Laura Riposo DanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - https://www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Webinar Registration - https://kelleydrye.zoom.us/webinar/register/WN_m4-f_o9JTqmMeMo-YUoqHA
State Attorney General Consumer Protection Priorities for 2022
Consumer protection enforcement efforts are expected to increase dramatically this year. Recent pronouncements from State Attorneys General around the country bring privacy, big tech and the misuse of algorithms, and basic advertising related frauds into particular scrutiny.
Please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Advertising and Marketing Partner Gonzalo Mon, and Privacy Partner Laura VanDruff for discussion and practical information on these and other state consumer protection, advertising, and privacy enforcement trends.
Time: Jan 27, 2022 01:00 PM in Eastern Time (US and Canada)
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape. www.kelleydrye.com Produced and recorded by Jeff Scurry
Hosted by Simone Roach
We’ve been hearing a lot lately about the FTC’s rulemaking procedures under Section 18 of the FTC Act (also known as “Mag-Moss” rulemaking). Long decried as too burdensome and difficult to use on a regular basis, this tool is now being celebrated for its enormous, untapped potential to establish industry-wide standards and enable the FTC to get monetary relief in its cases, post-AMG. (AMG didn’t affect the FTC authority to obtain monetary relief when it’s enforcing a rule.)
Is the old view or the new one correct? Is Mag-Moss rulemaking really so cumbersome, as many FTC staff and observers have long claimed? Have those burdens been overstated, warranting the enthusiasm we’re now seeing among FTC Commissioners, consumer groups, and Congress? Did the FTC’s changes to its internal rules last July (see below) really “streamline” the process as the FTC claimed?
As suggested by the title to this blogpost, I have an opinion: Mag-Moss is still an uphill climb. However, to enable readers to decide for themselves, I detail below the Mag-Moss process as laid out in the law. Although the FTC’s July changes stripped away some extra steps it had previously imposed under its rules, the hurdles in the law remain formidable.
Blog Post - https://www.adlawaccess.com/2022/01/articles/the-ftcs-magnuson-moss-rulemaking-process-still-an-uphill-climb/
Contact
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Webinar - State Attorney General Consumer Protection Priorities for 2022
Please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Advertising and Marketing Partner Gonzalo Mon, and Privacy Partner Laura VanDruff for discussion and practical information on these and other state consumer protection, advertising, and privacy enforcement trends.
Register here https://kelleydrye.zoom.us/webinar/register/WN_m4-f_o9JTqmMeMo-YUoqHA
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
The Colorado Legislature passed the Colorado Privacy Act (“ColoPA”), joining Virginia and California as states with comprehensive privacy legislation. Colorado Governor Jared Polis signed the bill (SB 21-190) into law on July 7, and ColoPA will go into effect on July 1, 2023.
How does the measure stack up against the VCDPA and the CCPA (as amended by CPRA)? The good news is that, in broad terms, ColoPA generally does not impose significant new requirements that aren’t addressed under the CCPA or VCDPA, but there are a few distinctions to note..
Blog Post - https://www.adlawaccess.com/2021/06/articles/cpra-update-what-is-a-contractor/
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Contacts
Alysa Z. Hutnik ahutnik@kelleydrye.com (202) 342-8603 Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 Bio - https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
Lauren F. Myers lmyers@kelleydrye.com (202) 342-8473 Bio - https://www.kelleydrye.com/Our-People/Lauren-F-Myers
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
On April 1, 2021, in a unanimous decision, the Supreme Court ruled that the definition of an automatic telephone dialing system (“ATDS”) under the TCPA is limited by the plain grammar of the statute itself. The Court, in a decision authored by Justice Sotomayor, held that a device must have the capacity to use a random or sequential number generator in either storing or producing a telephone number, to qualify as an ATDS under the TCPA. Facebook, Inc. v. Duguid et al., Case No. 19-511 (2021).
Blog Post - https://www.adlawaccess.com/2021/04/articles/supreme-court-ruled-that-the-definition-of-an-automatic-telephone-dialing-system-under-the-tcpa-is-limited-by-the-plain-grammar-of-the-statute-itself/
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Contacts
Lauri A. Mazzuchetti (973) 503-5910 lmazzuchetti@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Lauri-A-Mazzuchetti
Steven A. Augustino (202) 342-8612 saugustino@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Steven-A-Augustino
Alysa Z. Hutnik (202) 342-8603 ahutnik@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Becca J. Wahlquist (310) 712-6172 bwahlquist@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Becca-J-Wahlquist
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively utilize other provisions of the Act in order to obtain money from the companies and individuals it prosecutes. One threat it seems the FTC is now making good on is the use of the FTC’s long dormant Penalty Offense Authority, found in Section 5(m)(1)(B) of the Act.
Blog Post - https://www.adlawaccess.com/2021/10/articles/ftc-blankets-companies-with-warning-letters-over-endorsements-and-reviews/
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Contacts
John E. Villafranco jvillafranco@kelleydrye.com (202) 342-8423 Bio - www.kelleydrye.com/Our-People/John-E-Villafranco
William C. MacLeod wmacleod@kelleydrye.com (202) 342-8811 Bio - www.kelleydrye.com/Our-People/William-C-MacLeod
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Bezalel Stern bstern@kelleydrye.com (202) 342-8422 Bio - https://www.kelleydrye.com/Our-People/Bezalel-A-Stern
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
The California Assembly recently passed AB-1262 updating an existing law to further limit the use of personal information collected through connected TVs and smart speaker devices. Specifically, the bill prohibits:
- Operating a voice recognition feature of a connected TV or smart speaker without informing the consumer of the feature during setup or installation;
- Using any recording or transcription collected through the feature that qualifies as personal information for any advertising purpose (unless deidentified);
- Sharing such recordings or transcriptions, unless deidentified, with a third party without the consumer’s affirmative written consent; and
- Retaining such non-deidentified recordings or transcriptions electronically without the consumer opting in to such retention during installation or otherwise in the device settings.
Blog Post - https://www.adlawaccess.com/2021/05/articles/smart-ca-tvs-are-listening-california-assembly-passes-voice-recognition-device-bill-headed-to-senate/
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Contacts
Alysa Z. Hutnik ahutnik@kelleydrye.com (202) 342-8603 Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Lauren F. Myers lmyers@kelleydrye.com (202) 342-8473 Bio - https://www.kelleydrye.com/Our-People/Lauren-F-Myers
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
In this podcast, we provide an overview of topics that employers should know as the sunset of the employer exception to CCPA approaches.
Last year’s voter guide to California Proposition 24, the California Privacy Rights Act (CPRA), included a stark argument against enacting the privacy ballot initiative because it did not go far enough to protect employee privacy. “Currently, employers can obtain all kinds of personal information about their workers and even job applicants,” the argument against Proposition 24 written by Californians for Privacy Now stated. “Proposition 24 allows employers to continue secretly gathering this information for more years to come…”
The message did not stick. Voters overwhelmingly enacted the CPRA, apparently judging that its provisions – including those that apply to employers – were worth an additional two-year waiting period. The effective date of the new law is January 1, 2023.
As companies build their roadmap to CPRA compliance, that assessment should also take into account planning for employee and job applicant privacy changes. The new law imposes first in the nation obligations that grant employees and job applicants new rights to access, correct, delete, and opt out of the sale or sharing of their personal information. The law also prohibits discriminating against employees or job applicants who lodge privacy rights requests.
Blog Post - https://www.adlawaccess.com/2021/06/articles/cpra-update-how-to-prepare-for-privacy-compliance-as-an-employer/
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Contacts
Alysa Z. Hutnik ahutnik@kelleydrye.com (202) 342-8603 Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 Bio - www.kelleydrye.com/Our-People/Alex…der-I-Schneider
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
The nonprofit Earth Island Institute filed a lawsuit alleging false and deceptive representations as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.
Blog Post - https://www.adlawaccess.com/2021/06/articles/new-esg-lawsuit-targets-aspirational-statements/
Contact
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-857 6 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Recorded and produced by Jeff Scurry
Hosted by Simone Roach
The California Privacy Rights Act (CPRA), effective January 1, 2023, adds “contractors” to the list of entities that a business may entrust with customer data. So what is a “contractor?” And how are “contractors” different from other entities described by California privacy law, such as “service providers” or “third parties?”
As it turns out, the answer is surprising. Contractors are nearly identical to service providers, with just two differences: contractors are not data processors; and contractors must make a contractual certification in CCPA contracts. Moreover, contractors are not even new entities, and were already described in existing California privacy law.
See the blog post for summaries mentioned in this podcast
Blog Post - https://www.adlawaccess.com/2021/06/articles/cpra-update-what-is-a-contractor/
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Contacts
Alysa Z. Hutnik ahutnik@kelleydrye.com (202) 342-8603 Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 Bio - www.kelleydrye.com/Our-People/Alex…der-I-Schneider
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Recorded and produced by Jeff Scurry
Partners Aaron Burstein and Laura VanDruff and of counsel Jessica Rich discuss where the FTC has been, where it’s at, and where it is going. Along the way they provide practical knowledge about how FTC investigations begin, responding to a CID, and more information on the post AMG Commission.
For more on where it is heading, check our recent blog posts:
What Rulemaking is the FTC planning for 2022? Now We Know https://www.adlawaccess.com/2021/12/articles/what-rulemaking-is-the-ftc-planning-for-2022-now-we-know/
Where to Find More Info on the FTC’s Top Rules for 2022 https://www.adlawaccess.com/2021/12/articles/where-to-find-more-info-on-the-ftcs-top-rules-for-2022/
Contacts
Aaron Burstein aburstein@kelleydrye.com (202) 342-8453 Bio - https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
With Jeff Scurry
Hosted by Simone Roach
For the first time in two years, State Attorneys General and their key consumer protection staff have gathered in Washington D.C. to attend the National Association of Attorneys General Fall Consumer Protection conference. For State AG staff in particular, this meeting, and its Spring counterpart, may be the most important and well attended event of the year with over 400 attendees total. Priorities for the Attorneys General are often shaped at these meetings, and they present a unique opportunity for industry to get insight.
Blog Post - https://www.adlawaccess.com/2021/11/articles/state-attorneys-general-lay-out-consumer-protection-priorities-for-2022/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
Peloton Interactive sells exercise bikes and treadmills that can stream live and on-demand fitness classes. For a while, the company advertised that its library of classes was “ever-growing.” Although that may have been true when the company first made the claim, things changed. In response to a lawsuit related to the music used in some classes, Peloton cut more than half of its content in 2019. Soon after, plaintiffs filed a class action lawsuit against the company, arguing that the “ever-growing” claim was false.
Blog Post - https://www.adlawaccess.com/2020/11/articles/peloton-faces-uphill-ride-on-every-growing-claims/
Contact Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
Jessica Rich recently wrote about the FTC’s rulemaking plans for 2022. Make sure you read that post for a detailed analysis of what the Commission is planning. As we looked at which of those topics have generated the most interest on Ad Law Access recently, we wanted to point you to where you can find additional information.
The FTC will review its Guides Against Deceptive Pricing and its Guide Concerning Use of the Word “Free” and Similar Representations. Although most of the activity in these areas has taken place at the state level, it will be interesting to see what the FTC adds to the ongoing conversation. (For more coverage on pricing claims see https://www.adlawaccess.com/articles/pricing-and-timing/)
The FTC will review its Guides for the Use of Environmental Marketing Claims. A lot has changed since the Guides were last updated in 2012 and, as we’ve noted before, the lack of clarity in certain areas is leading to an increase in lawsuits and other challenges. (Click here for more coverage on green marketing see https://www.adlawaccess.com/articles/green-marketing/) The FTC is still analyzing and reviewing the public comments it has received as part of its review of the Children’s Online Privacy Protection Rule (or “COPPA”). That hasn’t stopped the FTC and other regulators for brining enforcement actions, though. (For more coverage on children’s privacy see https://www.adlawaccess.com/articles/privacy-and-information-security/coppa/)
The FTC is still analyzing and reviewing the public comments it has received as part of its review of the Endorsement Guides. As we’ve noted, this has been a hot topic, and the FTC recently sent out 700 warning letters, which could signal upcoming enforcement. (For more coverage on endorsement issues see https://www.adlawaccess.com/articles/influencers/)
We’ll keep you posted, as these develop. In the meantime, rest up over the holidays because 2022 could be a bumpy year.
Blog post - https://www.adlawaccess.com/2021/12/articles/where-to-find-more-info-on-the-ftcs-top-rules-for-2022/
Contact Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 Bio - https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
Some might have the mistaken impression that State AGs rarely delve into health related cases, believing them to be largely preempted by the FDA. However, these days there is little doubt that the Attorneys General are able to wield their Unfair and Deceptive Trade Practice laws with considerable weight in the health realm. As the Tobacco, Opioids, and now vaping health crises have developed, State AGs have been at the forefront to put a stop to marketing practices and obtain redress for those harms. The past several weeks we have seen interesting State AG developments as they have continued targeting individuals in their health enforcement actions.
Blog Post - https://www.adlawaccess.com/2021/12/articles/state-attorneys-general-address-national-health-crises-one-person-at-a-time/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun bchun@kelleydrye.com (202) 342-8671 Bio - https://www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
A wave of consumers have filed putative class action complaints against a long list of consumer-facing website owners/operators and their software providers alleging invasion of privacy rights under statutes focused on wiretapping and eavesdropping.
Our team has represented both website and software defendants in these cases. However, this post is not intended to reflect on any specific claim, website, or software. Rather, our goal is to provide an introduction to the general nature of the consumer claims and current landscape of these litigations.
This post summarizes (1) the “session replay” technology at issue in these claims; (2) arguments presented by the Complaints; (3) an overview of common defenses; and (4) where things stand. With that context, we then provide our list of practical considerations for the use of session replay software.
Blog Post -https://www.adlawaccess.com/2021/05/articles/privacy-litigation-trend-the-latest-on-session-replay-lawsuits-and-practical-considerations-for-risk-mitigation/
Contacts
Paul A. Rosenthal paulrosenthal@kelleydrye.com (973) 503-5943 Bio - https://www.kelleydrye.com/Our-People/Paul-A-Rosenthal
Laura A. Mazzuchetti lmazzuchetti@kelleydrye.com (973) 503-5910 Bio - https://www.kelleydrye.com/Our-People/Lauri-A-Mazzuchetti
Alysa Z. Hutnik ahutnik@kelleydrye.com (202) 342-8603 Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
For this episode of the Ad Law Access podcast, associate Alex Schneider reprises his recent ISACA Sacramento session on covering the legal impacts of California Consumer Privacy Act CCPA)/California Privacy Rights Act (CPRA) and how to leverage next-gen tech within your privacy program.
ISACA Event Link – https://engage.isaca.org/sacramentochapter/events/eventdescription?CalendarEventKey=850bd05b-b5fe-4273-9126-64c30540b041&CommunityKey=74265d4f-ab12-4b3e-a92b-bd7647620209&Home=%2fsacramentochapter%2fhome
Contact
Alexander Schneider aschneider@kelleydrye.com (202) 342-8634 Bio - www.kelleydrye.com/Our-People/Alexander-I-Schneider
For more information on CCPA/CPRA, and privacy matters, see our blog, www.adlawaccess.com. Subscribe here www.adlawaccess.com/subscribe
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Hosted by Simone Roach
On December 13, the New Mexico Attorney General announced a settlement with Google to resolve claims regarding children’s privacy, including in the burgeoning EdTech space. The federal lawsuits Balderas v. Tiny Lab Productions, et al. and Balderas v. Google LLC, respectively, alleged COPPA and privacy violations related to collection of children’s information on game developer Tiny Lab’s apps and on Google’s G Suite for Education products. There are many features of this settlement that are worth discussing further as either potential future trends, or novel provisions.
Blog Post - https://www.adlawaccess.com/2021/12/articles/new-mexico-attorney-general-settles-google-childrens-privacy-cases-a-unique-settlement-adds-to-a-complicated-landscape/
Contacts
Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Laura Riposo VanDruff lvandruff@kelleydrye.com (202) 342-8435 Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Hosted by Simone Roach
On December 7, 2021, the Senate Finance Committee’s Subcommittee on Fiscal Responsibility and Economic Growth conducted a hearing on “promoting competition, growth, and privacy protection in the technology sector. The hearing could have been conducted using a split-screen format, since one group of Senators and witnesses focused on anti-competitive behavior by the tech giants and another focused on privacy and security concerns raised by data brokers.
Blog Post - https://www.adlawaccess.com/2021/12/articles/senate-hearing-on-promoting-competition-and-privacy-in-the-tech-sector-two-hearings-in-one/
Contacts
Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Monica A. Kulkarni mkulkarni@kelleydrye.com (202) 342-8504 Bio - https://www.kelleydrye.com/Our-People/Monica-A-Kulkarni
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Hosted by Simone Roach
After months of speculation, we now know what rules the FTC will launch or possibly amend in 2022, thanks to a Statement of Regulatory Priorities the FTC published December 9.
The headlines? In addition to reviewing or taking action on almost 20 existing rules and guides, the FTC plans to develop multiple new rules on surveillance, unfair methods of competition, and potentially a slew of other issues. And the Republican Commissioners are crying foul.
Blog Post - https://www.adlawaccess.com/2021/12/articles/what-rulemaking-is-the-ftc-planning-for-2022-now-we-know/#more-10092
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Contact Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Hosted by Simone Roach
we looked at NAD’s review of Everlane’s green claims relating to the company’s use of recycled plastic in its products and its aspirational goals to remove virgin plastic from its entire supply chain by 2021. In this post, we’ll look at what NAD had to say about Everlane’s “Safer For The Environment” claim.
Blog Post - https://www.adlawaccess.com/2021/12/articles/new-nad-case-addresses-green-claims-in-fashion-industry-part-2/
Contacts
Christie Grymes Thompson cgthompson@kelleydrye.com (202) 342-8633 Bio - https://www.kelleydrye.com/Our-People/Christie-Grymes-Thompson
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
Hosted by Simone Roach
As fashion companies begin to make more claims about what they are doing to help the environment, they need to make sure they’re in good position to support those claims with strong evidence. We previously posted about a pending lawsuit against Allbirds involving its carbon emission claims. In this post, we’ll start to look at what the National Advertising Division had to say about certain product content claims and aspirational claims made by Everlane.
Blog Post - https://www.adlawaccess.com/2021/11/articles/new-nad-case-addresses-green-claims-in-fashion-industry-part-1/
Contacts
Christie Grymes Thompson cgthompson@kelleydrye.com (202) 342-8633 Bio - https://www.kelleydrye.com/Our-People/Christie-Grymes-Thompson
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
Hosted by Simone Roach
In case you missed it, on November 30, the National Telecommunications and Information Administration (NTIA) announced that it would convene a series of virtual listening sessions on privacy, equity, and civil rights. According to NTIA, the sessions (scheduled for December 14, 15, and 16) will provide data for a report on “the ways in which commercial data flows of personal information can lead to disparate impact and outcomes for marginalized or disadvantaged communities.”
Blog Post https://www.adlawaccess.com/2021/12/articles/ntias-listening-sessions-on-privacy-and-civil-rights-whats-the-significance/
Contact Jessica L. Rich jrich@kelleydrye.com (202) 342-8580 Bio - https://www.kelleydrye.com/Our-People/Jessica-L-Rich
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
Hosted by Simone Roach
The National Association of Attorneys General just concluded one of its premiere events of the year, the Capital Forum, in Washington DC. With many Attorneys General, staff, and members of the private sector in attendance, it has been an excellent opportunity to exchange ideas and hear from the AG community about their concerns and priorities. While we will provide our readers with updates on some of the important topics discussed this week, we wanted to highlight two substantive sessions that focused on partnership with federal regulators.
Blog Post https://www.adlawaccess.com/2021/12/articles/feds-state-attorneys-general-a-new-enforcement-landscape/
Contact Paul L. Singer psinger@kelleydrye.com (202) 342-8672 Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
Hosted by Simone Roach
Subscription services and other automatic renewals continue to be a hot topic, at both the federal and state levels. The FTC recently announced that it was going to increase its enforcement against companies that don’t comply with the law, while various states have been updating or passing new laws. Next up are new laws in Colorado and Delaware.
Blog Post - www.adlawaccess.com/2021/11/articles/colorado-and-delaware-automatic-renewal-laws-take-effect-in-2022/
Contacts:
Gonzalo E. Mon gmon@kelleydrye.com (202) 342-8576 Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Kaelyne Yumul Wietelman kwietelman@kelleydrye.com (202) 342-8478 Bio - www.kelleydrye.com/Our-People/Kaelyne-Yumul-Wietelman
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
Hosted by Simone Roach
For decades, the FTC has explained that the omission of information can lead to liability. It is also a canon of statutory construction that an amendment helps reveal legislative intent. And of course, your mother put it simply: words that you say (and take back) have meaning.
Earlier this month, the Commission released its draft Strategic Plan for 2022 to 2026, which included a glaring revision to the FTC’s Mission Statement.
See the blog post: https://www.adlawaccess.com/2021/11/articles/the-deletion-of-legitimate-business-activity-from-the-ftcs-strategic-plan/
Contacts:
John E. Villafranco jvillafranco@kelleydrye.com (202) 342-8423 Bio - www.kelleydrye.com/Our-People/John-E-Villafranco
William C. MacLeod wmacleod@kelleydrye.com (202) 342-8811 Bio - www.kelleydrye.com/Our-People/William-C-MacLeod
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
Deepfake technology has significantly improved over the past few years, allowing for mainstream commercial uses. Deepfake technology is the use of synthetic image, video, or audio. While there are good uses such as protecting the identities of whistleblowers or victims and bad uses such as non-consensual pornography and elder fraud, the advertising industry is already demonstrating how synthetic media has great potential as a tool for advertisers.
Recently Associate Rod Ghaemmaghami co-authored with partner John Villafranco the Law360 article “Deepfake Best Practices Amid Developing Legal Practices.” The article provides an analysis of deepfake use cases, describes legal tools available to protect against harmful uses of the technology, and suggests some best practices for responsible use of deepfake technology.
For this episode of the Ad Law Access podcast, Rod discusses the article and reviews some of the best practices they recommend.
To read the article, please click here https://www.kelleydrye.com/getattachment/News-Events/Publications/Articles/Deepfake-Best-Practices-Amid-Developing-Legal-Land/Deepfake-Best-Practices-Amid-Developing-Legal-Landscape_Law360_Villafranco_April-2021.pdf.aspx?lang=en-US
Contact:
Rod Ghaemmaghami Associate rghaemmaghami@kellydrye.com (310) 712-6192 www.kelleydrye.com/Our-People/Rod-Ghaemmaghami
John Villafranco Partner jvillafranco@kelleydrye.com (202) 342-8423 www.kelleydrye.com/Our-People/John-E-Villafranco
For additional information, please visit:
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security
Ad Law Access Blog - www.adlawaccess.com
Privacy and Information Security Practice Group Page -https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co
With AdTech (tracking individuals and their online or in app behaviors to build a profile of them to better serve and more effectively target them) and MarTech (strategies and technologies to generate demand, attention, and sales for a product) now the most celebrated or perhaps infamous areas in privacy today, being a privacy lawyer has changed dramatically in just a few years. Privacy lawyers are not only counseling and guiding companies along the lines of what they need to do from a legal perspective but there's an element of what should be done from an ethical or social perspective as well. Finding a coherent thread through all of the requirements and keeping track of all the technological changes in what is now a very tech heavy business is difficult.
Kelley Drye Partner Alysa Hutnik and Robert Cunningham, Head of Legal, at Ketch discuss the state of privacy, tracking, compliance technology and tools, and strategies privacy lawyers and others can use to help do their jobs. As you would expect, there are some practical tips to take away.
Contact:
Alysa Z. Hutnik ahutnik@kelleydrye.com (202) 342-8603 www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Robert Cunningham robert@ketch.com (510) 292-0647
For additional information, please visit:
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security
Ad Law Access Blog - www.adlawaccess.com
Privacy and Information Security Practice Group Page -https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co
Many states are considering comprehensive privacy legislation in the absence of a federal law. On another much anticipated episode of the Ad Law Access podcast, Alysa Hutnik and Aaron Burstein discuss pending state privacy legislation, how we got here, and some expected future legislation.
Contact:
Alysa Z. Hutnik ahutnik@kelleydrye.com https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Aaron Burstein aburstein@kelleydrye.com https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
For additional information, please visit:
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co
Ad Law Access Blog - www.adlawaccess.com
Privacy and Information Security Practice Group Page -www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
We are often asked about what we think the Biden administration, particularly the FTC, will do regarding a number of consumer protection and regulatory issues. On this episode of the Ad Law Access Podcast, partner Kristi Wolff talks about health claims. Specifically Kristi looks into the crystal ball a bit to offer what she thinks the FTC may do as the new administration moves forward over the course of the next few years and compares and contrasts this with what we've seen over the last few administrations.
For more information on health claims and and other topics, visit:
Bio - Kristi Wolff: www.kelleydrye.com/Our-People/Kristi-L-Wolff
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Advertising-and-Marketing-StandardsAd Law Access
Blog - www.adlawaccess.com/articles/health-benefit-claims/
Ad Law News and Views Newsletter - www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1
Kelley Drye’s Advertising and Marketing Practice - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
Often when people think about the Consumer Financial Protection Bureau (CFPB) they say to themselves, “well, I’m not a bank so that doesn't really apply to me.” But consumer financial protection laws are actually much broader and cover all aspects of consumer financial products, any way that consumers bank, pay, or finance transactions and the financial technology sector more broadly.
On this episode of the Ad Law Access Podcast, partner Alysa Hutnik and special counsel Donnelly McDowell discuss consumer financial protection, fintech, financial services, and the consumer protection issues that the CFPB and FTC have broad discretion over.
For more information on consumer financial protection and other topics, visit:
• Bio Alysa Z. Hutnik - www.kelleydrye.com/Our-People/Alysa-Z-Hutnik • Bio Donnelly McDowell - www.kelleydrye.com/Our-People/Donnelly-L-McDowell • Bio Bill MacLeod - www.kelleydrye.com/Our-People/William-C-MacLeod
• Taskforce on Federal Consumer Financial Law Report - www.kelleydrye.com/News-Events/Publications/Articles/Taskforce-on-Federal-Consumer-Financial-Law-Report • Kelley Drye’s Consumer Financial Protection Practice Page - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Consumer-Financial-Protection • Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center • Ad Law Access Blog - www.adlawaccess.com • Ad Law News and Views Newsletter - www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1 • Kelley Drye’s Advertising and Marketing Practice - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
Our increased relience on the Internet to conduct our daily affairs has thrust an additional spotlight on data security that much important. On another 101 edition of the Ad Law Access podcast, Lauren Myers covers data security and covers five key points businesses should keep in mind as they continue to refine their data security practices based on FTC settlements and guidance.
For more information:
• Bio Lauren Myers - https://www.kelleydrye.com/Our-People/Lauren-F-Myers • Kelley Drye's Privacy Law Practice Page - https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co • https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center • Ad Law Access Blog - www.adlawaccess.com • Ad Law News and Views Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views
Some call the holidays data breach season. Although it is probably a coincidence, like clockwork when the holiday’s roll around there seems to be a number of large data breaches.
On a timely new episode of Kelley Drye’s Ad Law Access podcast, Privacy and Data Security practice chair Alysa Hutnik and partner Aaron Burstein provide 101 level tips on how to manage the clock and begin to deal with a data breach when they happen.
For more information on data breaches, visit:
Alysa Z. Hutnik Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik LinkedIn - https://www.linkedin.com/in/alysahutnik/
Aaron J. Burstein Bio - https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
• Kelley Drye’s Privacy and Data Security Practice - https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co
• Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security
• Ad Law Access Blog - www.adlawaccess.com
• Ad Law News and Views Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views
Donnelly McDowell tells you and your company basically everything you need to know if you want to advertise on social media. Not really but he does highlight the most important high level considerations.
For more information on social media marketing and advertising, visit:
• Donnelly McDowell - www.kelleydrye.com/Our-People/Donnelly-L-McDowell • Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center • Ad Law Access Blog - www.adlawaccess.com • Ad Law News and Views Newsletter - www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views • Kelley Drye’s Advertising and Marketing Practice - https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
On November 3, 2020, California voters passed ballot Proposition 24, the California Privacy Rights Act of 2020 (“CPRA”). Also known as CCPA 2.0, CPRA brings a number of changes to the CCPA, the majority of which will become operative on January 1, 2023. In addition to revising some of the definitions that are fundamental to commercial relationships under the CCPA (e.g., the definition of “sale” and “service provider”), CPRA provides additional consumer rights, incorporates data minimization and certain other principles from the General Data Protection Regulation, and establishes a new California Privacy Protection Agency, which will become the state’s privacy regulator and share enforcement oversight with the State Attorney General’s Office.
On this much anticipated episode of the Ad Law Access podcast, Alysa Hutnik and Aaron Burstein focus on some overarching CPRA issues and a few particular issues that caught their attention.
Contact:
Alysa Z. Hutnik ahutnik@kelleydrye.com https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Aaron Burstein aburstein@kelleydrye.com https://www.kelleydrye.com/Our-People/Aaron-J-Burstein
For additional information, please visit:
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co
Ad Law Access Blog - www.adlawaccess.com
Privacy and Information Security Practice Group Page -www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co
The new Supreme Court Term is underway and for the second straight Term, and second time in 2020, the Court will address a Telephone Consumer Protection Act (TCPA) question. On December 8, 2020, the Justices will hear argument in the case of Facebook v. Duguid, which is expected to resolve a widening Circuit split regarding the definition of an automatic telephone dialing system. On the latest episode of the Ad Law Access podcast, litigation partner Paul Rosenthal provides some background on where things stand with the TCPA, level-set on the current status of the ATDS definition, and lay out some of the potential implications for the Court’s ruling.
If you have any questions or concerns about the technology that you’re using or your particular telemarketing procedures, our team of compliance and litigation specialists would be happy to talk through your practices or campaign and offer practical feedback and evaluation of the potential risks on this quickly evolving topic.
Contact:
Paul A. Rosenthal - https://www.kelleydrye.com/Our-People/Paul-A-Rosenthal paulrosenthal@kelleydrye.com (973) 503-5943
For additional information, please visit:
Kelley Drye’s TCPA Tracker newsletter Visit - www.kelleydrye.com/News-Events/Publications/Newsletters/TCPA-Tracker Subscribe - www.kelleydrye.com/News-Events/Publications/Newsletters/tcpa-tracker?dlg=1
TCPA and Telemarketing Section of the Advertising and Privacy Law Resource Center www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security
Ad Law Access Blog www.adlawaccess.com/articles/telemarketing/
COMMLAW Monitor blog www.commlawmonitor.com/?s=tcpa
Full Spectrum podcast www.kelleydryefullspectrum.com/
Companies often want to claim that their products or services are better than the products or services offered by a competitor> However, comparative claims tend to be highly scrutinized by competitors and subject to challenge.
On this episode of the Ad Law Access podcast, Carmen Hinebaugh goes through five tips advertisers should keep in mind when creating comparative ads.
For additional information, please visit:
Comparative Advertising Section of the Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Ad Law Access Blog - www.adlawaccess.com
Advertising Law Practice Group Page - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
On this episode of the Ad Law Access podcast, Gonzalo Mon and associate Lauren Myers take us through their recently published article, Top FTC Rules and Guides You Should Keep in Mind. The article noted that the FTC has more than 50 Rules and Guides. Although many of these are very narrow and only apply in limited circumstances, some are far more broad and are likely to apply to all companies.
You can find the article here: https://www.kelleydrye.com/News-Events/Publications/Articles/Top-FTC-Rules-and-Guides-You-Should-Keep-in-Mind
For additional information, please visit:
Advertising and Privacy Law Resource Center https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Ad Law Access Blog www.adlawaccess.com
Advertising Law Practice Group Page https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
Since the start of the pandemic, we have been receiving a lot of questions regarding products claiming to kill or otherwise inhibit viruses, bacteria and other germs. Following on from their recent webinar on this same topic (available here www.adlawaccess.com/2020/07/article…killing-claims/), partner Kristi Wolff and special counsel Joe Green answer some common questions they have been getting.
Important links:
Kristi Wolff - www.kelleydrye.com/Our-People/Kristi-L-Wolff
Joe Green -www.kelleydrye.com/Our-People/Joseph-J-Green
Kelley Green Blog - www.kelleygreenlawblog.com
Ad Law Access - www.adlawaccess.com
Food & Drug Law Access - www.fooddruglaw.com
Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
COVID-19 Response Resource Center - https://www.kelleydrye.com/COVID-19-Response-Resource-Center
On June 24, 2020, the Secretary of State of California announced that the California Privacy Rights Act (CPRA), had enough votes to be eligible for the November 2020 general election ballot. CPRA is a ballot initiative, which, if adopted, would amend and augment the California Consumer Privacy Act (CCPA) to increase and clarify the privacy rights of California residents. The result is a law that is closer in scope to robust international privacy laws, such as the GDPR.
Partner Alysa Hutnik and Associate Carmen Hinebaugh discuss the initial highlights of CPRA and provide some takeaways for you to begin to understand this new California privacy development.
For more information on CPRA, please see their blog post:
CCPA 2.0 Gets Closer to Reality: CPRA Eligible for November 2020 Ballot; How Does it Compare to CCPA? https://www.adlawaccess.com/2020/06/articles/on-june-24-2020-the-secretary-of-state-of-california-announced-that-the-california-privacy-rights-act-cpra-had-enough-votes-to-be-eligible-for-the-november-2020-general-election-ballot/
Also, please visit our Advertising and Privacy Law Resource Center https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing partner Kristi Wolff discusses three keys to making compliant health claims: determining the product regulatory classification, claim substantiation standards, and the importance of context. This episode is a prequel to her earlier Health Claims in the Context of COVID-19 episode which focused on recent FTC and FDA enforcement relating to false COVID-19 health claims and the importance of considering the current pandemic context in health-related marketing.
For more information on these and other topics, visit:
• Bio Kristi Wolff - www.kelleydrye.com/Our-People/Kristi-L-Wolff • Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center • Ad Law Access Blog - www.adlawaccess.com • Ad Law News and Views Newsletter - www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views • Kelley Drye’s Advertising and Marketing Practice - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
As documented on the Ad Law Access blog (www.adlawaccess.com/?s=ccpa) CCPA compliance is a cross-functional exercise that requires active participation and buy-in from business units across the organization to tackle data mapping, work flows and employee training. On the latest episode of the Ad Law Access Podcast, special counsel Tara Marciano and associates Carmen Hinebaugh and Alexander Schneider discuss the ongoing challenges of operationalizing CCPA compliance focusing broadly on two areas: rights requests and vendor agreements.
For more information on CCPA and other topics, visit:
• Bio Tara Marciano - www.kelleydrye.com/Our-People/Taraneh-J-Marciano • Bio Carmen Hinebaugh - www.kelleydrye.com/Our-People/Carmen-Hinebaugh • Bio Alexander Schneider - www.kelleydrye.com/Our-People/Alexander-I-Schneider • Kelley Drye’s California Consumer Privacy Act Practice Page - www.kelleydrye.com/Our-Practices/Hot-Topics/California-Consumer-Privacy-Act-(CCPA) • Kelley Drye's Privacy Law Practice Page - https://www.adlawaccess.com/2020/05/articles/democrats-release-their-own-covid-19-privacy-legislation/ • Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center • Ad Law Access Blog - www.adlawaccess.com • Ad Law News and Views Newsletter - www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views • Kelley Drye’s Advertising and Marketing Practice - www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
As we have written about extensively on the Ad Law Access blog, consumers continue to grow more environmentally conscious and demand products that reflect this concern. To meet consumer demands and as part of social responsibility initiatives, companies are increasing their “sustainable” practices, recycling materials, upcycling other products, and working to reduce waste and environmental harms. As companies look to communicate their efforts to consumers, they must proceed with caution to avoid allegations of “greenwashing” or overstating the environmental benefits.
On the latest episode of the Ad Law Access Podcast, chair of the Advertising and Marketing practice Christie Thompson and associate Lee Baumgardner discuss the key regulatory requirements (the FTC’s “Green Guides”) and practical tips for companies to consider when engaging in green marketing in the United States.
For more information on these and other topics, visit:
• Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center • Ad Law Access Blog - https://www.adlawaccess.com/ • Ad Law News and Views Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views • Kelley Drye’s Advertising and Marketing Practice - https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
The FTC recently sent warning letters to companies for falsely claiming that their products can treat or prevent COVID-19. On the latest episode, Advertising and Marketing partner Kristi Wolff discusses this latest group of warning letters and how companies can avoid similar issues.
For more information on these and other topics, visit:
COVID-19 Response Resource Center - https://www.kelleydrye.com/COVID-19-Response-Resource-Center
Ad Law Access Blog - www.adlawaccess.com
Food and Drug Law Access - www.fooddruglaw.com
Advertising and Privacy Law Resource Center www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Ad Law News and Views Newsletter - www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views
Find more information on Kelley Drye's Advertising and Marketing Practice at www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Advertising-Counseling-and-Compliance
As retailers have shifted to online and ship to store/ship from store sales, we’ve been getting a variety of questions from our retailing clients. On this episode, Advertising and Marketing chair Christie Grymes Thompson and partner Kristi Wolff answer retailer questions regarding pricing, shipping, refunds, customer reviews, and telethermographic cameras (cameras that can detect human temperature).
For more information on these and other topics, visit:
COVID-19 Response Resource Center https://www.kelleydrye.com/COVID-19-Response-Resource-Center
Advertising and Privacy Law Resource Center https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Ad Law Access Blog - https://www.adlawaccess.com/articles/coronavirus/
Ad Law News and Views Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views
Recently the Second Circuit Court of Appeals issued an opinion providing its definition of an automatic telephone dialing system (ATDS) under the TCPA. That sets up a severe split of the Circuits with the Second and Ninth Circuits taking a broad approach while the Third, Seventh, and Eleventh Circuits have charted a narrower standard for defining an ATDS.
Making his podcast debut, special counsel Paul A. Rosenthal, provides an update on ATDS issues, walks through the different standards for an ATDS under the TCPA, and discusses where that leaves telemarketers and litigants going forward.
For more information:
Sign up for our monthly TCPA Tracker here www.kelleydrye.com/News-Events/Publications/Newsletters/TCPA-Tracker
Visit our blog, Ad Law Access at www.adlawaccess.com/articles/telemarketing/ and the Advertising and Privacy Law Resource Center for additional information on this and other topics www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center.
As a follow-up to our recent blog posts on price gouging, partner Gonzalo Mon and senior associate Donnelly McDowell provide guidance on how to avoid running into trouble when pricing during the COVID-19 pandemic and beyond.
Find our posts on price gouging posts here www.adlawaccess.com/2020/03/articles/price-gouging-enforcement-escalates-at-federal-and-state-levels/ and visit the Advertising and Privacy Law Resource Center for additional information on this and other topics www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
For additional information, also visit the COVID-19 Response Resource Center at https://www.kelleydrye.com/COVID-19-Response-Resource-Center
Partner Alysa Hutnik sits down with Matthew Dumiak, Director of Privacy Services at CompliancePoint. Matt provides a view “from the trenches” on the operational side of CCPA compliance and reveals some frequently asked questions from clients grappling with CCPA.
If you have suggestions for other topics, CCPA or otherwise, that you would like us to cover in future podcasts, please send us an email at marketing@kelleydrye,com. ___________________
Given the continuing growth in influencer and celebrity marketing to help create buzz, companies have additional worries about potential harm to their brands. Please join partner Gonzalo Mon for this 30-minute program on the legal issues surrounding social media influencers. This program will cover:
Key legal requirements for influencer campaigns Notable enforcement actions, and what you can learn from them Practical tips for managing influencers
Register here:
https://kelleydrye.zoom.us/webinar/register/WN_XhXB34ZkQP6JalnahyU9zw
As discussed here https://www.adlawaccess.com/tags/automatic-renewal/ subscription plans that automatically renew at the end of a term have become more popular with companies and they’re also getting more scrutiny from regulators.
Partner Gonzalo Mon provides an update on some of the laws and challenges that regulate how these plans can be structured and some of the notable cases related to automatic renewals. ___________________
Visit the Advertising and Privacy Law Resource Center for additional information on this and other topics https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Senior associate Katie Townley and associate Carmen Hinebaugh discuss everyone’s favorite topic, the California Consumer Privacy Act (CCPA) . In the podcast, Katie and Carmen review a number of the proposed modified draft regulations the California Attorney General published on Friday. (See our blog post from Friday https://www.adlawaccess.com/2020/02/articles/ccpa-update-attorney-general-proposes-modified-draft-regulations/.)
For additional information on privacy, security, and other issues, visit the Advertising and Privacy Law Resource Center https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center.
Please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com for up-to-date information on the CCPA and other advertising and privacy law topics.
The Ad Law Access podcast is available now through Apple Podcasts, Spotify, Google Play, SoundCloud, or wherever you get your podcasts.
Upcoming Webinar While there is a lot of attention on California’s new privacy law (CCPA), what about the basic privacy considerations when it comes to compliance, risk assessment, and negotiating contracts? Please join partner Alysa Hutnik and associate Carmen Hinebaugh for a webinar that walks through topics such as:
•Privacy law 101 •Data security and breaches •E-Mail, calls, and text marketing
If you have questions you’d like us to try and address during the webinar, please feel free to send ahead.
Who Should Attend?
Anyone who is new to these areas or in need of a refresher should join us for this online-only event. The webinar will have something for everyone, including attorneys, privacy professionals, paralegals, compliance personnel, marketers, researchers, and executives.
Register here: https://kelleydrye.zoom.us/webinar/register/WN_CWjlOgqlTsiBEX6zcyFNRg
Senior Associates Katie Townley makes her podcast debut with a discussion of promotions. Katie provides this Taylor Swift contest as an example of how things can go wrong: https://www.gq.com/story/exclusive-we-talk-to-the-creepy-man-behind-the-canceled-taylor-swift-radio-contest
For additional information see our new Advertising and Privacy Law Resource Center (https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center)
Please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com for additional information on these and other advertising and privacy law topics.
In this episode, Kristi Wolff discusses FDA’s recent CBD warning letters, Commissioner nominee Dr. Stephen Hahn’s confirmation hearings, and a preview of this week’s Cannabis Law Update webinar.
On Thursday, December 5, from Noon – 1:00 Eastern we will be holding a webinar on the emerging cannabis regulatory and litigation landscape. This program will cover several areas, including the following:
• Litigation trends • Prop 65 applicability • Trade and customs issues • What cannabis legalization means for government contractors
Register here https://kelleydrye.zoom.us/webinar/register/WN_KnY4hTq-RVSpoLS7a7O4Xw
Associates Carmen Hinebaugh and Lauren Myers make their podcast debut with a discussion of materiality and clear and conspicuous disclosures.
For additional information see our new Advertising and Privacy Law Resource Center (https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Advertising-and-Marketing-Standards)
Please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com for additional information on these and other advertising and privacy law topics.
Partner Gonzalo Mon provides an update for individual influencers on the FTC's new guide and video designed to help influencers understand their responsibilities regarding when and how they should disclose the relationships they have to the brands they endorse.
For additional information see the Ad Law Access blog posts:
FTC Releases New Guide for Influencers https://www.adlawaccess.com/2019/11/articles/ftc-releases-new-guide-for-influencers/
Yoga Influencers’ Disclosures Show Limits of Flexibility https://www.jdsupra.com/legalnews/yoga-influencers-disclosures-show-54541/
Influencer Marketing Council Provides Tips on Influencer Fraud https://www.adlawaccess.com/2019/06/articles/influencer-marketing-council-provides-tips-on-influencer-fraud/
FTC Asked to Investigate Use of Influencers to Market Vodka https://www.adlawaccess.com/2018/12/articles/ftc-asked-to-investigate-use-of-influencers-to-market-vodka/
When Influencers Fail to Influence https://www.adlawaccess.com/2019/08/articles/when-influencers-fail-to-influence/
Upcoming Webinar Influencer 101 Webinar
Given the continuing growth in influencer and celebrity marketing to help create buzz, companies have additional worries about potential harm to their brands. Please join partner Gonzalo Mon for this 30-minute program on the legal issues surrounding social media influencers. This program will cover:
Key legal requirements for influencer campaigns Notable enforcement actions, and what you can learn from them Practical tips for managing influencers
Register here https://kelleydrye.zoom.us/webinar/register/WN_XhXB34ZkQP6JalnahyU9zw
Who Should Attend? Anyone who is new to influencer marketing or in need of a refresher should join us for this online-only event. The webinar will have something for everyone, including attorneys, influencers, agents, paralegals, marketers, social media managers, and executives.
For additional information on influencer marketing, and other advertising and privacy issues, please visit the Advertising and Privacy Law Resource Center https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center. This microsite dedicated to the legal issues regarding advertising, privacy and data security, and consumer product safety, available via www.KelleyDrye.com, provides practical, relevant information to help in-house counsel answer the questions and solve the problems that they face on a daily basis. The site is organized around three key legal topics: Advertising and Marketing Standards; Privacy and Data Security and Consumer Product Safety. Each section includes curated content on specific areas within each topic.
For continued coverage, please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com.
We also provide Ad Law News and Views, a newsletter delivered to inboxes every two weeks to help readers stay current on ad law and privacy matters. Sign up here https://www.kelleydrye.com/News-Events/Communication-Preferences
Partner Alysa Hutnik provides an update to the California Consumer Privacy Act (CCPA) including discussion of the amendments, the draft regulations, and she touches on some of the classification issues.
For additional information on this and other topics, please visit the Advertising and Privacy Law Resource Center https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center. This microsite dedicated to the legal issues regarding advertising, privacy and data security, and consumer product safety, available via www.KelleyDrye.com, provides practical, relevant information to help in-house counsel answer the questions and solve the problems that they face on a daily basis. The site is organized around three key legal topics: Advertising and Marketing Standards; Privacy and Data Security and Consumer Product Safety. Each section includes curated content on specific areas within each topic.
For continued coverage of CCPA and other privacy and advertising issues, please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com.
We also provide Ad Law News and Views, a newsletter delivered to inboxes every two weeks to help readers stay current on ad law and privacy matters. Sign up here https://www.kelleydrye.com/News-Events/Communication-Preferences
Find our CCPA and other privacy information in the Advertising and Privacy Resource Center https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Advertising-and-Marketing-Standards
Partner Alysa Hutnik gives a 101 level discussion on the issues involved in texting campaigns so you don't get sued in a TCPA cause of action.
Telemarketing campaigns are covered by the FTC's Telemarketing Sales Rule, the Telephone Consumer Protection Act (TCPA), and every state’s telemarketing laws. It is not an area to dabble in. Dip your toe in and you might get sued.
TCPA 101 Webinar Calling and texting your customers? Class action lawsuits under the Telephone Consumer Protection Act of 1991 (TCPA) remain one of the most frequently-filed lawsuits by plaintiffs’ attorneys seeking multi-million dollar settlements. The Federal Trade Commission and State Attorneys General also continue to actively enforce other federal and state telemarketing laws. These laws raise a number of compliance issues from defending the type of platform you use to make your outbound calls or texts, whether and how you scrub your campaigns against applicable do not call lists, and your exposure under third party liability theories for the actions of others.
Join partners Alysa Hutnik and Lauri Mazzuchetti for an overview of calling and texting-related laws (both for telemarketing and informational calls/texts) and best practices. The program will cover:
Federal and state laws concerning calling, texting, and dialers TCPA litigation trends Best practices to reduce risk
Register here https://kelleydrye.zoom.us/webinar/register/WN_kuH5dCR7RaKR0aWhf6Ucxw
For continued coverage of telemarketing/TCPA issues, and other privacy and advertising issues, please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com, our Advertising and Privacy Law Resource center at www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security and Kelley Drye’s TCPA Tracker newsletter, produced as a collaborative effort between Kelley Drye’s Litigation, Advertising/Privacy, Communications and Insurance Recovery practices to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC.
In addition, Kelley Drye provides a number of timely and topical communications. Sign up here to receive Kelley Drye email communications tailored to your interests here www.kelleydrye.com/News-Events/Com…ion-Preferences
As we wrote about on the Ad Law Access blog (link below), the California legislature voted to send five amendments to the CCPA to the California governor’s desk.
The amendments include a one-year exemption for access and deletion rights to employee data and B2B communications; a provision exempting online-only businesses from operating a toll-free number to accept consumer requests; and a new mandate for data brokers to register with the Attorney General’s office.
Governor Gavin Newsom has until October 13, 2019 to act on the legislation. The California legislative session ended on Friday, and no additional CCPA amendments are expected before the law comes into effect on January 1, 2020.
On this podcast, Alex Schneider discusses the amendments to the CCPA that had been pending in the California legislature and what's next.
See our blog Ad Law Access (https://www.adlawaccess.com/2019/09/articles/ccpa-update-legislature-amends-the-ccpa-to-exclude-employee-data-b2b-communications-for-one-year/) for additional information on these and other privacy and advertising law topics.
For additional information on the CCPA and other privacy matters, visit Kelley Drye's Advertising and Privacy Law Resource center https://podcasts.apple.com/us/podcast/making-it-in-usa-when-product-origin-origin-marketing/id1457734764?i=1000441587438
The producers of Kelley Drye's Ad Law Access and Full Spectrum podcasts talk about their favorite Kelley Drye podcast episodes and non-Kelley Drye podcasts they listen to.
Jeff
Influencers and Endorsers: Understanding the Upfront Legal Requirements: https://soundcloud.com/adlawaccess/influencers
Influencers Gone Wrong: https://soundcloud.com/adlawaccess/cgt-2
Challenging Competitors' Claims: https://soundcloud.com/adlawaccess/challenging-competitors-claims
Snap Judgment: http://snapjudgment.org/podcast
99% Invisible: https://99percentinvisible.org/
CMO Moves: https://www.theringer.com/the-bill-simmons-podcast
Alex Enforcement Update: http://www.kelleydryefullspectrum.com/podcasts/2019/9/24/fcc-enforcement-update-episode-14
Tuning into Spectrum: http://www.kelleydryefullspectrum.com/podcasts/2019/4/30/tuning-into-spectrum-episode-2-aiming-higher
Inside the TCPA: http://www.kelleydryefullspectrum.com/podcasts/2019/6/4/inside-the-tcpa-episode-5-call-blocking-and-call-authentication
LED: http://www.kelleydryefullspectrum.com/podcasts/2019/4/2/follow-the-signs-navigating-the-fccs-led-initiative
The Rewatchables: https://www.theringer.com/the-rewatchables
The Bill Simmons Podcast: https://www.theringer.com/the-bill-simmons-podcast
Christie Grymes Thompson, Chair of Kelley Drye's Advertising and Marketing Law practice, discusses what you need to know about cause marketing commercial co-ventures.
For more information on this and other matters, see the Advertising and Privacy Law Resource Center https://podcasts.apple.com/us/podcast/making-it-in-usa-when-product-origin-origin-marketing/id1457734764?i=1000441587438
Upcoming Webinar While there is a lot of attention on California’s new privacy law (CCPA), what about the basic privacy considerations when it comes to compliance, risk assessment, and negotiating contracts? Please join partner Alysa Hutnik and associate Carmen Hinebaugh for a webinar that walks through topics such as:
For more information on the CCPA and other privacy issues, please see our Advertising and Privacy Law Resource Center https://podcasts.apple.com/us/podcast/making-it-in-usa-when-product-origin-origin-marketing/id1457734764?i=1000441587438
Partner Kristi Wolff discusses the official launch of Kelley Drye's cross-functional Cannabis Law practice group.
Kelley Drye has been involved in cannabis work for a number of years. As more states diverge from federal policy by legalizing cannabis, and with the passage of the 2018 Farm Bill and the emergence of the hemp industry, we have wanted to formalize our services and help clients understand the business environment and conflicting federal, state, and local laws and regulations.
This new practice leverages a deep bench of attorneys from across the firm who bring extensive knowledge and experience in the rapidly-changing issues confronting the cannabis industry, as well as conventional companies considering involvement in the cannabis industry. This interdisciplinary team has been formed to help companies navigate the full range of legal and regulatory challenges including state licensing compliance, food and drug, advertising, intellectual property, corporate, real estate, tax, banking, employment, litigation, trade secrets, internal investigations, criminal defense and other issues.
Visit the Cannabis Law Practice at https://www.kelleydrye.com/Our-Practices/Industries/Cannabis-Law
“Made in the USA” claims have taken on an even greater importance as American manufacturing has captivated the political discussion. Recently FTC Commissioner Chopra released a statement calling for more stringent enforcement of the agency’s “Made in USA” advertising policies.
Kristi Wolff discusses how to substantiate “Made in USA” claims on the latest episode of the Ad Law Access Podcast, Making it in the USA – When Product Origin and Origin Marketing Claims Matter.
During the podcast, Kristi makes references to a commercial, John Villafranco’s podcast on Challenging Competitors’ Claims, and our webinar Buy American and Hire American: Is Your (Or Your Competitor’s) Product Really “Made in the USA”. https://podcasts.apple.com/us/podcast/making-it-in-usa-when-product-origin-origin-marketing/id1457734764?i=1000441587438
Our Advertising and Privacy Law Resource Center has a section on Made in USA claims: https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Alex Schneider discusses the recently approved (four) bills to amend the California Consumer Privacy Act (CCPA) and the Nevada and Maine Legislatures legislation that, like the CCPA, features new requirements relating to the sale of consumer personal data.
See our blog Ad Law Access (https://www.adlawaccess.com/2019/05/articles/california-assembly-approves-amendments-to-exclude-employees-from-ccpa-protect-loyalty-programs/ and https://www.adlawaccess.com/2019/06/articles/nevada-and-maine-advance-legislation-addressing-the-sale-of-personal-data/ ) for additional information on these and other privacy and advertising law topics.
The CCPA and other privacy topics are covered extensively on our Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
With CBD projected to be a $450 Million industry in the coming year, FDA hosted a packed house of industry stakeholders last week in a day-long public meeting that was the kickoff of a discussion to determine whether there is a pathway for CBD in ingestible products such as foods and dietary supplements. See our summary of key themes here https://www.fooddruglaw.com/2019/06/01/fda-cbd-public-meeting-features-overwhelming-calls-for-robust-regulation-and-enforcement-relaxation-of-obstacles-to-research/ and check out this podcast episode to hear five key takeaways.
Visit Kelley Drye's Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
John Villafranco walks through the options for challenging competitors’ claims. Find additional information on www.adlawaccess.com and https://www.kelleydrye.com/Our-People/John-E-Villafranco
For more information on challenging your competitor's claims and other issues, please visit the Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Christie Grymes Thompson, Chair of Kelley Drye's Advertising and Marketing Law practice, discusses what happens when things don't go right with influencers.
Christie provides examples involving Kim Kardashian West and the rest of the Kardashian-Jenner family, the FDA, FTC, Truth In Advertising, Counter-Strike: Global Offensive, CÎROC Vodka, Sean "Diddy" Combs, Scott Disick, Bootea, Luka Sabbat, and Snapchat.
Upcoming Webinar Given the continuing growth in influencer and celebrity marketing to help create buzz, companies have additional worries about potential harm to their brands. Please join partner Gonzalo Mon for this 30-minute program on the legal issues surrounding social media influencers. This program will cover:
• Key legal requirements for influencer campaigns • Notable enforcement actions, and what you can learn from them • Practical tips for managing influencers
Register here: https://kelleydrye.zoom.us/webinar/register/WN_XhXB34ZkQP6JalnahyU9zw
Who Should Attend?
Anyone who is new to influencer marketing or in need of a refresher should join us for this online-only event. The webinar will have something for everyone, including attorneys, influencers, agents, paralegals, marketers, social media managers, and executives.
For more information on influencers and many other advertising and privacy topics, please visit the Advertising and Privacy Law Resource Center: https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Gonzalo Mon discusses the key legal issues companies need to think about before working with influencers.
Upcoming Webinar Given the continuing growth in influencer and celebrity marketing to help create buzz, companies have additional worries about potential harm to their brands. Please join partner Gonzalo Mon for this 30-minute program on the legal issues surrounding social media influencers. This program will cover:
Key legal requirements for influencer campaigns Notable enforcement actions, and what you can learn from them Practical tips for managing influencers
Register here: https://kelleydrye.zoom.us/webinar/register/WN_XhXB34ZkQP6JalnahyU9zw
Who Should Attend? Anyone who is new to influencer marketing or in need of a refresher should join us for this online-only event. The webinar will have something for everyone, including attorneys, influencers, agents, paralegals, marketers, social media managers, and executives.
For much more information on influencers, visit the Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Alex Schneider reports on the first wave of GDPR fines. The cases serve as indicators of the kinds of technical violations enforcement officials are looking to deter as they police the EU’s new privacy regulation.
See GDPR Recap: Technical Violations Result in Steep Fines, In Latest Enforcement Actions for additional information https://www.adlawaccess.com/2019/04/articles/gdpr-recap-technical-violations-result-in-steep-fines-in-latest-enforcement-actions/
For more information on GDPR and other privacy topics, visit the Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Senior Associate Matt Sullivan provides a brief update on the EU Cookie directive.
For more information on data privacy and other matters, please visit the Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Partner Alysa Hutnik and Special Counsel Jaclyn Metzinger discuss FTC v. Shire Viropharma, Inc. and what it means going forward.
See Ad Law Access - FTC Can’t Challenge Prior Acts in Federal Court Says Third Circuit https://www.adlawaccess.com/tags/ftc-v-shire-viropharma/
For more information on this and other topics, visit the Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center
Partner Alysa Hutnik addresses the angst around and what you need to be doing now relative to the California Consumer Privacy Act (CCPA).
CCPA passed in June of 2018 and will give California residents specific privacy rights related to their online activities starting January 1, 2020 and will require business to comply with a number of provisions including requirements to disclose data collection and sharing practices to consumers, grant consumers a right to request deletion of their data, grant consumers a right to opt out of the sale of their personal information, and a prohibition on selling personal information of consumers under the age of 16 without explicit consent.
For more information on the CCPA and other topics, visit the Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center