October 2019

In exactly two months, the California Consumer Privacy Act (CCPA) takes effect. Many businesses are devoting resources to timely comply, but between the late rollout of the Attorney General’s draft regulations, recent amendments to the law, and a lack of consensus in the industry on interpretation of key CCPA terms, tackling compliance can be

FTC Commissioners Rebecca Kelly Slaughter and Christine S. Wilson recently sat down with Cameron Kerry at the Brookings Institution to discuss the FTC’s role in privacy. Although the Commissioners did not agree on everything, both identified the FTC as the best agency to enforce privacy wrongs. The Commissioners also shared their views on issues such

The National Advertising Review Board (“NARB”) recently upheld an NAD decision regarding Goya Foods, Inc.’s claim, “La Pasta Favorita de Puerto Rico” or “Puerto Rico’s Favorite Pasta,” finding that the claim was not puffery and that it required substantiation. As we summarized here, NAD previously determined that use of the term “favorite”

With the new CCPA draft regulations out, you may be wondering—how can I comment?  What are the deadlines?  When will the draft regulations be finalized and go into effect?  This blog post summarizes the process and timing for the CCPA proposed regulations.  Businesses should consider filing comments to provide the Attorney General’s Office with insights

The reach of Section 13(b) of the FTC Act – and the extent of the FTC’s enforcement authority — has been a hotly-debated topic following the Third Circuit’s decision in Shire ViroPharma and the Seventh Circuit’s decision in Credit Bureau Center.  

In this first installment of what we are calling the “Section 13 (b)log,” we

This week, the FTC announced a settlement with Sunday Riley Modern Skincare and its CEO, Sunday Riley, over allegations that company managers and employees posted fake reviews on Sephora.com.

The FTC alleged that company managers, including Ms. Riley herself, posted reviews of the company’s products on Sephora.com, and asked other employees do the same. When

In the world of social media, a person’s power is often measured in terms of followers. Because more followers generally means more reach, companies who engage influencers often base their compensation on this metric. But follower counts may not always be what they seem. According to a New York Times report last year, influencers can

On Friday, California Governor Gavin Newsom signed seven legislative proposals to amend the California Consumer Privacy Act (CCPA), marking the end of a nearly-yearlong process to make changes to the new privacy law before it goes into effect on January 1st.  The next opportunity to amend the CCPA will be in the 2020

On Thursday, California Attorney General Xavier Becerra released draft regulations implementing the California Consumer Privacy Act (CCPA). The regulations provide the first glimpse into how the Attorney General interprets the sprawling law, which is slated to go into effect on January 1.

The new regulations cover seven topics:

  1. Notices to Consumers: The draft regulations clarify

Ad Law Access PodcastOn a new episode of the Ad Law Access PodcastAlex Schneider discusses the amendments to the California Consumer Privacy Act (CCPA) the California legislature voted to send to the California governor’s desk.

For additional information see the Ad Law Access blog posts: