Ad Law Access: Recent Episodes
Kelley Drye
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
Please visit our award winning blog at adlawaccess.com.
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
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
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 Baumgartner 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
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
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.
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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
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.