Category Archives: Regulatory Developments

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Indiana Amends Telemarketing Law, Bringing New Disclosure Requirements and DNC Vicarious Liability

Last month, the Indiana Governor signed into law House Bill No. 1444, which amends Indiana’s “do not call” statute and extends liability beyond the telephone solicitor, to individuals or entities that “directly or indirectly control” the telephone solicitor. The amendments take effect July 1, 2017 and affect entities that target Indiana consumers via telephone solicitation, … Continue Reading

Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments – 3/29/2017

Register Now for Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments, the latest in our 2017 Advertising and Privacy Law Webinar Series With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to … Continue Reading

Ad Law News and Views Newsletter

http://ecomms.kelleydrye.com/rv/ff002e6c28b5920e40180549f84cb2de5ebc7e88Did you know Kelley Drye’s Advertising Law practice produces a newsletter, Ad Law News and Views, every two weeks to help you stay current on ad law and privacy matters? Click here to access our Publication Sign Up and select Advertising and Marketing to subscribe. Find contents from the latest issue below: Click here to view with … Continue Reading

EU Data Protection Authority Issues GDPR Action Plan, Swiss Sign Privacy Deal with U.S.

Flag_of_Europe_svgOn January 16, 2017, the Article 29 Working Party (“Working Party”)—the EU’s central data protection advisory board—published a press release regarding its Action Plan for 2017, which was adopted as part of its wider implementation strategy for the General Data Protection Regulation (“GDPR”).  The Action Plan follows up on the actions initiated in 2016 and … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

Webinar SeriesPlease join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel. … Continue Reading

FTC Associate Director for Advertising Practices Elucidates the Commission’s Handling of Referrals From NAD

The advertising industry’s self-regulatory system may be “voluntary,” but ignoring NAD’s recommendations—or declining to participate when asked—buys advertisers a prompt referral to the Federal Trade Commission. NAD often touts its close working relationship with the FTC. But what becomes of these referrals from the self-regulatory system? At NAD’s annual conference last month, Mary Engle, the … Continue Reading

California Helps Consumers Crowdsource Privacy Policy Violations

California Attorney General Kamala Harris announced yesterday that her office has rolled out a new online form to help consumers report companies who violate California’s Online Privacy Protection Act (CalOPPA). Under the California law, a website, app or online service must have a CalOPPA compliant privacy policy that is accessible to the consumer. Moreover, these … Continue Reading

Vermont Settles with B2B Software Developer over Security Practices

Yesterday, the Vermont Attorney General announced a settlement with business-to-business software developer Entrinsik, Inc., resolving allegations that the company’s Informer program violated Vermont law, including the law placing restrictions on the use and disposal of data containing Social Security numbers. The Informer program is used by businesses, including seven colleges in Vermont, to analyze and … Continue Reading

FCC Chairman Outlines Proposal for New Broadband Privacy Rules

On October 6, 2016, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler published a blog entry on the Commission’s website outlining proposed privacy rules for broadband Internet Service Providers (ISPs). The proposed rules are scheduled to be considered by the full Commission at its monthly meeting on October 27, 2016. These rules come after … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

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Kelley Drye’s Full Spectrum Podcast

fullFive months ago, Kelley Drye’s Communications practice group launched the Full Spectrum podcast. Since then, they have recorded and posted ten episodes, featuring several different attorneys speaking on the most timely trends and issues in the Communications industry. While the podcast is still new, it has gained a substantial following through iTunes, SoundCloud, their podcast … Continue Reading

NY Attorney General Announces Infomercial Settlements

This week, the New York Attorney General announced that it had settled investigations with two companies for deceptive sales practices related to infomercials. ​One company agreed to pay $700,000 to settle the investigation and the other agreed to pay $175,000. According to the ​AG, both ​companies advertised attractive offers, but they failed to clearly disclose … Continue Reading

Clarity Coming Soon About What New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) Actually Requires

NJRemember that wave of class actions under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. § 56:12-14 et seq., that hit New Jersey courts earlier this year, claiming that website terms of use contained unlawful provisions?  The motion to dismiss briefing is well underway, and online merchants should soon have some clarity about … Continue Reading

Texas Settles with PayPal over Money Transfer App Advertising and Privacy Practices

On Friday, Texas Attorney General Ken Paxton announced a settlement with PayPal, resolving allegations that its Venmo money transfer app violated the Texas Deceptive Trade Practices Act by failing to clearly disclose how consumers’ phone contacts would be used, or how consumers’ transactions and interactions with other users would be shared, and misrepresenting that communications … Continue Reading

FCC Approves Release of NPRM to Implement Government Debt TCPA Exemption

FCCOn May 4, 2016, the FCC issued a Notice of Proposed Rulemaking to exempt robocalls made to collect “a debt owed to or guaranteed by the United States” from the TCPA’s prior express consent requirement. The new rules will implement a provision of the Bipartisan Budget Act of 2015. In its Notice, the Commission seeks … Continue Reading

Surprise!? DOJ Delays Web Accessibility Rulemaking (Yet Again)

Website accessibility seems to be the Wild, Wild, West of the World Wide Web, and it is not going to get tamer anytime soon. Since July 2010, the DOJ has sought to issue a proposed rulemaking setting standards for website accessibility under the Americans with Disabilities Act (“ADA”).  After numerous delays, we thought we had … Continue Reading

Class Actions Under New Jersey Warranty Law Threaten to Turn Terms-of-Service Boilerplate Into Big Potential Risks

Do your Terms of Service preclude litigants from claiming consequential damages or attorneys’ fees? If new class action lawsuits in New Jersey are right, merely including these terms, and potentially many other disclaimers, violates New Jersey state law, and subjects you to a penalty of $100 per sale. This interpretation of New Jersey’s 36 year-old … Continue Reading

CFPB, “Please”: Judge Rebuffs CFPB’s Attempt to Compel Documents Regarding For-Profit College Accreditation

books_appleLast Thursday, a federal district court judge in D.C. denied the Consumer Financial Protection Bureau’s (CFPB) attempt to compel documents from the Accrediting Council for Independent Colleges and Schools (ACICS).  Rejecting the CFPB’s motion to enforce the Civil Investigative Demand (CID) against ACICS, the court held that “the CFPB lacks authority to investigate the process … Continue Reading

Think Before You App: FTC Releases Compliance Tools for Health App Developers

Using the Health app on an iPhone 6.The Federal Trade Commission furthered its outreach to the mobile app developer community last week by issuing new guidance for integrating privacy and security into mobile health apps, as well as an interactive online tool for determining whether key laws apply. As referenced in Consumer Protection Bureau Director Rich’s testimony a few weeks ago, the … Continue Reading

FCC Proposes Sweeping Broadband Privacy and Data Security Rules

FCC Proposes Sweeping Broadband Privacy and Data Security RulesOn March 31, 2016, the FCC voted along party lines (3-2) to issue a notice of proposed rulemaking (NPRM) to establish privacy rules for Broadband Internet Access Service (BIAS) providers. These proposals, if adopted, could impose prescriptive and complex privacy obligations that would be among the most extensive in the country. As our Communications group’s … Continue Reading

FCC and FTC Announce Consumer Protection Memorandum of Understanding

On Monday, the FCC and FTC published a Memorandum of Understanding in which the two agencies agreed to engage in greater coordination and collaboration on consumer protection issues, with greater respect for each agency’s jurisdiction. The MOU comes at a time when both agencies are seeking to position themselves as protectors of consumers in the digital … Continue Reading

Webinar: Preparing for the Worst: A Step by Step Guide to Understanding how the FTC Advertising Claims Enforcement Process Works

Industry scored an important victory in the recent DOJ vs. Bayer case.  But, despite that outcome, health claim enforcement will remain a key priority for the FTC going forward.  This presentation is a practical discussion of how the FTC enforcement process works and advocacy steps that companies should consider along the way, including selecting and … Continue Reading

Q: What’s Different About the FTC’s New Endorsement Q&As? A: Lots.

The FTC recently released a new version of its Q&As on the Endorsement Guides. The old Q&As, released in 2010, were about seven pages long. The new ones just about double that. The revisions and additions reflect many of the positions that the FTC has taken in the course of its enforcement over the past … Continue Reading

CFPB Proposes Rule on Prepaid Products to Extend Certain Credit Requirements and Mandate Disclosures

The Consumer Financial Protection Bureau released last week a proposed rule that would impose an array of new requirements on prepaid accounts. The proposed new definition of “prepaid account” would include general purpose reloadable cards, electronic or mobile accounts that can store funds such as PayPal accounts, payroll cards, and certain government benefit cards, but … Continue Reading
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