State privacy laws that go into effect in 2023 will significantly change the digital advertising landscape. These privacy laws require companies to
How To Protect Employee/HR Data and Comply with Data Privacy Laws
Wednesday, July 20
As workforces become increasingly mobile and remote work is more the norm, employers face the challenge of balancing the protection of their employees’ personal data and privacy against the need to collect and process personal data to recruit, support and monitor
Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Senior Associate Beth Chun and Abby Stempson, Director of the Center for Consumer Protection, National Association of Attorneys General (NAAG) presented State Attorneys General 101. This webinar covered the basics of State AG consumer protection powers, what to expect if you find yourself a
As we’ve discussed in recent posts, State Attorneys General often take positions on important consumer protection policy issues through a joint letter from the National Association of Attorneys General, often referred to as a “NAAG letter.” This leads to the inevitable question – what is NAAG and what does it do? As former State
The FTC regularly investigates Made in USA claims, but private actions have been less frequent. New Balance, however, has faced at least two class action lawsuits alleging it falsely advertises its footwear products as “Made in the USA.” The most recent complaint , proposing a nationwide class, was filed in the U.S. District Court for
In late January, Georgia Attorney General Chris Carr reached a settlement with Rent-A-Center regarding a variety of alleged deceptive practices in its rent-to-own business, including in its debt collection and general disclosure practices. Maybe you’re thinking, “I’m not in the rent-to-own business, so why is this case important to me?” AG Carr’s settlement, which took
We previously reported on an emerging legislative and litigation trend relating to the “pink tax” – a gender-based pricing phenomenon that allegedly results in higher prices for goods and services marketed towards women as compared to substantially similar alternatives marketed towards men. As predicted, the last two years have shown an uptick in litigation (which has been largely unsuccessful) and legislative action (some finalized and some pending).
Litigation
Last year, we discussed an early blow to the pink tax theory of liability in Schulte v. Conopco, d/b/a Unilever, et al. In Schulte, the plaintiffs alleged that various personal care manufacturers and retailers violated the Missouri Merchandizing Practices Act (MMPA) by charging more for deodorants marketed for women than allegedly similar deodorants marketed for men. The product lines at issue contained similar, but not identical, ingredients, came in different sizes, and were available in different scents (fifteen “feminine” scents in the line marketed for women and five “masculine” scents in the line marketed for men). The Eastern District of Missouri dismissed the complaint, ruling that “Missouri law does not compel identical products to be sold at the same price” and that the plaintiff’s remedy “lies with legislation, not litigation.” The Eighth Circuit affirmed on the grounds that the plaintiff mistook “gender-based marketing for gender discrimination.” In order to state a claim, the court ruled that the plaintiff would have to allege that the only difference between the products was the price and the intended target of the marketing. Here, because the plaintiff conceded that the products were, in fact, different, thus dismissal was appropriate.
Continue Reading The Pink Tax: A Litigation and Legislation Update
Join Kelley Drye this week for:
Privacy compliance is a daunting task, particularly when the legal and tech landscape keeps shifting. Many companies are still updating their privacy compliance programs to address CCPA requirements, FTC warnings on avoiding dark patterns and unauthorized data sharing, and tech platform disclosure, consent, and data sharing changes. But in the not too distant future, new privacy laws in California, Colorado, and Virginia also will go into effect. Addressing these expanded obligations requires budget, prioritizing action items, and keeping up to date on privacy technology innovations that can help make some tasks more scalable.
This joint webinar with Kelley Drye’s Privacy Team and Ketch, a data control and programmatic privacy platform, will highlight key legal and self-regulatory developments to monitor, along with practical considerations for how to tackle these changes over the course of the year. This will be the first in a series of practical privacy webinars by Kelley Drye to help you keep up with key developments, ask questions, and suggest topics that you would like to see covered in greater depth.
For the first time in two years, State Attorneys General and their key consumer protection staff have gathered in Washington D.C. to attend the National Association of Attorneys General Fall Consumer Protection conference. For State AG staff in particular, this meeting, and its Spring counterpart, may be the most important and well attended event
We are thrilled to welcome Texas Associate Deputy Attorney General Paul Singer to the firm’s growing State Attorneys General practice group. On the heels of former top Federal Trade Commission (FTC) officials Jessica L. Rich and Laura Riposo VanDruff joining the firm, Paul’s addition further strengthens Kelley Drye’s ability to help clients prepare for
