Category Archives: Consumer Protection

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House Antitrust Subcommittee Explores the Role of Antitrust Law in Net Neutrality

On November 1, 2017 the House Antitrust Law Subcommittee held a hearing to discuss the role of federal agencies in preserving an open Internet. The core question discussed at the hearing was whether current antitrust law is sufficient to ensure net neutrality absent FCC rules. The panelists—including FTC Acting Chairman Maureen Ohlhausen and Commissioner Terrell … Continue Reading

NJ Supreme Court Disapproves Class Certification In Landmark TCCWNA Case

Today, the New Jersey Supreme Court drove a stake into the many class actions alleging claims under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”).  That law provides for $100 in damages whenever an “aggrieved consumer” demonstrates that a contract or other document contains provisions that violate any “clearly established legal right.”  The Supreme … Continue Reading

Government-Mandated Health Warnings in Sweetened Beverage Advertising Found Likely to Chill Protected Free Speech

On September 20, the Ninth Circuit blocked the City and County of San Francisco from implementing an ordinance that would have required health warnings on advertisements for beverages that contain one or more added sweeteners and more than 24 calories per 12 fluid ounces of beverage. The Ninth Circuit’s panel opinion, in reversing a district … Continue Reading

Read This Before Scanning A Driver’s License In New Jersey

On October 1, 2017, a new law will take effect in New Jersey, the Personal Information and Privacy Protection Act (“PIPPA”), which will severely restrict retailers’ ability to “scan” any customer’s “identification card”–a term defined to mean “a driver’s license,” “probationary license,” “non-driver photo identification card,” or any similar card “issued…for purposes of identification.” Merely … Continue Reading

CPSC Requests Feedback to Reduce Compliance Burdens

Have ideas to lighten the load for complying with consumer product safety regulations? The Consumer Product Safety Commission (“CPSC” or “Commission”) wants to hear about them.  The Commission has asked for comments and suggestions for ways it could potentially reduce burdens and costs of its existing rules, regulations or practices without harming consumers. CPSC requests … 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

More Regulators Focus on Price Comparisons

Yesterday, the Virginia Attorney General announced that it reached a settlement with Hobby Lobby over the retailer’s price comparisons. According to the press release, Hobby Lobby advertised discounts compared to “other sellers,” but failed to disclose the basis of comparison, thus making it difficult for consumers to determine whether they were getting a good deal. … Continue Reading

Don’t Like Negative Reviews? Read This Before You Delete Them

Late last year, the Consumer Fairness Review Act became law, placing new restrictions on what companies can include in form contracts that impede consumers’ ability to communicate honest reviews of products, services, and companies in any forum. Quietly last month, the Federal Trade Commission released non-binding business guidance on how organizations can comply with the … Continue Reading

Ad Law News and Views Newsletter

Did 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

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs.  The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators that VIZIO installed software that collected viewing data for 11 million consumer TVs without consent.  The $2.2 million settlement … Continue Reading

FTC Announces Changes at the Helm of the Bureau of Consumer Protection; Thomas Pahl to Take Over as Acting Bureau Director Following Jessica Rich’s Departure

Acting Chairman of the Federal Trade Commission Maureen Ohlhausen announced today that Thomas Pahl – a current partner at Arnall Golden Gregory with significant experience at both the FTC and the Consumer Financial Protection Bureau – will take over as Acting Director on February 17.  Jessica Rich will depart as Director of the Bureau of … Continue Reading

New FTC Acting Chair Maureen Ohlhausen Offers Insight into Consumer Protection Priorities

Just over one week after being named acting chair of the Federal Trade Commission (FTC), Maureen Ohlhausen delivered the keynote address at the American Bar Association’s biennial Consumer Protection Conference in Atlanta on February 2. During her remarks, acting chair Ohlhausen offered insight into consumer protection priorities during her tenure as acting chair. First, acting … Continue Reading

FTC Announces Settlement with Uber over Allegedly Deceptive Earnings Claims; Commissioner Ohlhausen Dissents

In its latest action involving allegedly deceptive earnings claims, the FTC announced yesterday that Uber had agreed to settle charges that it misled potential drivers with inflated earnings claims.  The complaint also alleges that Uber misrepresented benefits of its Vehicle Solutions Program, which connects potential drivers with auto companies to buy or lease a vehicle … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

Please 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 Chairwoman Ramirez Announces Resignation Effective February 10

Federal Trade Commission Chairwoman Edith Ramirez announced today that she will resign her position effective February 10, leaving the Commission with three vacancies and just two remaining commissioners.  Chairwoman Ramirez has been a commissioner since April 5, 2010 and became Chairwoman on March 4, 2013. In announcing her resignation, she remarked: “It has been the … Continue Reading

California Choice of Law Provision Defeats Claim Under NJ Consumer Protection Law

On Monday, a California federal judge enforced the California choice-of-law clause in Facebook’s online terms of use, and on that basis refused to consider the claims of a New Jersey resident that aspects of those terms of use violated New Jersey’s consumer contract disclosure law, the Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”).  The decision … Continue Reading

New Jersey’s TCCWNA: New Year, Same Uncertainty

In 2016, many retailers found themselves on the wrong end of class actions brought under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). The suits allege that these retailers’ website terms of service either contained provisions that violated some “clearly established” New Jersey or federal law, or else stated that violative terms might not … Continue Reading

The Ninth Circuit’s Briseno Decision Is Not As Bad As It Looks for Consumer Class Action Defendants

The Ninth Circuit’s decision this week in Briseno v. ConAgra Foods, Inc., No. 15-55727, refused to engraft an “administrative feasibility” requirement to Federal Rule of Civil Procedure 23’s prerequisites for certifying a class action.  What this means, basically, is that in Ninth Circuit courts, a named plaintiff seeking class certification need not “demonstrate an administratively … Continue Reading

Avoiding the Enforcement Crosshairs of Cross-Device Tracking

The Digital Advertising Alliance (DAA) recently announced that enforcement of its guidance on cross-device tracking (the “Application of the DAA Principles of Transparency and Control to Data Used Across Devices”) is set to begin on February 1, 2017. Originally published in November 2015, the guidance was intended to clarify how the DAA’s Core Principles of … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

There is no excerpt because this is a protected post.

“Follow the Lead” Recap: FTC Summarizes Takeaways from Workshop on Lead Generation

The FTC released last week a paper summarizing and reflecting on its October 30, 2015 public workshop, “Follow the Lead,” which we previously discussed here and focused on lead generation practices and related privacy and consumer protection issues.  The paper expands upon many of the same principles addressed at the workshop, including how lead generation … Continue Reading

Beyond “Clear and Conspicuous”: FTC Workshop Highlights Issues Related to Testing of Consumer Disclosures

On advertisements, websites, and legal documents, disclosures are everywhere.  But how do consumers notice, understand, and use disclosures in their decision-making?  And how can businesses and advertisers effectively design and evaluate disclosures?  These were questions that the Federal Trade Commission explored during its September 15 public workshop, “Putting Disclosures to the Test.”  Throughout the one-day … Continue Reading

A Pound of Flesh Just Got Heavier

The Federal Trade Commission announced yesterday that it has approved final amendments to Commission Rule 1.98 that adjust the maximum civil penalty dollar amounts for violations of 16 provisions of law the FTC enforces, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015 (“Adjustment Act”), which requires federal agencies to implement a … Continue Reading

CPSC Maxes Out and Obtains Record $15.45 Million Civil Penalty

Good Friday was not so good for Gree Electric Appliances, Inc., because the CPSC announced that it had reached a record-setting $15.45 million settlement with the company regarding dehumidifiers it manufactured and imported.  The CPSC alleged that the company delayed in reporting potential safety hazards, which is typical for CPSC civil penalty actions, but also … Continue Reading
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