November 2019

Last Monday, Google released its answer to the CCPA: a new “service provider” contract.  Given Google’s widely used advertising and analytics technologies, Google’s new contract has the potential to influence how website publishers, advertisers, the Ad Tech industry, and software as a service (SaaS) providers approach compliance with California’s new privacy law.

No “Sales”

This week, NAD issued a decision in a case involving a commercial for Air Wick Scented Oil that includes some valuable lessons about claim substantiation.

One version of the commercial starts with a family of four engaged in various activities while crowded into a small corner of an otherwise empty living room. A voiceover states:

Ad Law Access PodcastOn the latest episode of the Ad Law Access Podcast, associate Lauren Myers make her podcast debut with a discussion on 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), an online hub for advertising, privacy, and consumer protection legal information.

Also

California is not the only state focused on privacy.  The New Jersey Attorney General’s Office recently emphasized how the Office is prioritizing its enforcement of such issues. Over its first year, the newly-created Data Privacy & Cybersecurity Section within the New Jersey Division of Law has initiated its own actions and joined several multi-state investigations. 

Last week, the FTC announced that AT&T had agreed to pay $60 million to settle litigation over allegations that the company misled customers by advertising “unlimited” data plans that were subject to significant limitations. If you work in the mobile or broadband spaces, you should check out this analysis by our friends at CommLaw Monitor.

For additional information see the Ad

As privacy and personal data issues continue to be a focus of both legal action and media coverage, privacy policy statements are getting dusted off and reviewed by more eyes.  Imprecise or inaccurate policy statements, themselves, can expose a company to potential liability.  While most of the recent California Consumer Privacy Act (“CCPA”) attention has

On another new episode of the Ad Law Access PodcastAlysa Hutnik starts at the beginning and explains a few of the issues you need to think about before starting a telemarketing texting campaign.

For additional information see the Ad Law Access blog posts:

Yesterday, the FTC released a new guide and video designed to help influencers understand when and how they should disclose the relationships they have to the brands they endorse. The guidance doesn’t break new ground, and readers of this blog shouldn’t find too many surprises, but it does summarize the key requirements in an easy-to-read

The continuing questions over the extent of the FTC’s enforcement authority to obtain monetary relief under Section 13(b) did not stop the Commission from filing a lawsuit on November 1 against multi-level marketer Neora, LLC and its CEO Jeffrey Olson for purportedly operating an illegal pyramid scheme that used deceptive marketing to sell supplements, skin