The year ended with a flurry of activity related to the FTC’s ability to obtain permanent injunctions and restitution under Section 13(b) of the FTC Act.  As we head into 2020, a level-set is in order.

To File or Not File is No Longer the Question

On December 19, 2019, the FTC filed a petition

In the 2010s, Kelley Drye’s Ad Law Access blog posted approximately 1500 entries. Below are the most popular by year. To give you a sense of beginning to end, the first post came one month after Apple announced the iPad and the last just days before the first all-female spacewalk by astronauts Christina Koch and

Partner John Villafranco, co-chair Samantha Knox, Associate General Counsel, Competition and Regulatory, Facebook, and the Honorable Christine S. Wilson, Commissioner, Federal Trade Commission, will be speaking at the ABA’s Section of Antitrust Law’s In-House Institute at Devil’s Thumb Ranch in Tabernash, Colorado on October 14-15, 2019.

The Institute is offered to in-house counsel and

The FTC today announced two new actions under the Consumer Review Fairness Act against companies (CRFA) that allegedly used non-disparagement provisions in consumer form contracts in connection with selling their respective services to help rent properties.  The two actions follow three CRFA actions last month, which we discussed here.

In the complaint against Shore

Kelley Drye & Warren LLP announced the launch of the Ad Law Access podcast – a new podcast from its advertising law and privacy law groups.  Hosted by Kelley Drye attorneys, including Christie Grymes Thompson, Alysa Hutnik, John Villafranco, Gonzalo Mon, and Kristi Wolff, the podcast provides updates on advertising and policy law trends, issues,

Please join us on May 1 in Charlotte for a half-day workshop covering the latest advertising and privacy law developments. This interactive event will provide an update on crucial consumer protection issues, deliver practical guidance and benchmarking, and offer an opportunity to connect with peers across a variety of industries.

This workshop will be open

FTC Chairman Joe Simons recently acknowledged the Commission’s plan to use its authority under Section 6(b) of the FTC Act to examine the data practices of large technology companies.  In written responses to questions from members of the U.S. Senate Commerce Committee following in-person testimony in November 2018, Chairman Simons confirmed that plans were underway

The FTC’s “Hey Nineteen” blog post caught our attention this past week, and not just for its witty title. One of those reasons is the reference to continued interest in “Made in USA” claims.  As we’ve written about here, “Made in America” has been a frequent enforcement target in recent years and

In the Data Business? You May Be Obligated to Register in Vermont by Thursday

Data brokers have until this Thursday to register with the Vermont Secretary of State as part of a new data broker oversight law that became effective January 1st.

Approved unanimously by the Vermont Senate last May, the Vermont Data Broker Regulation, Act 171 of 2018, requires data brokers to register annually, pay an annual filing fee of $100, and maintain minimum data security standards, but the law does not prevent data brokers from collecting or selling consumer data.

What Qualifies as a “Data Broker”?

The law only applies to “data broker[s],” defined as a “business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship.”
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As we noted previously, the California Attorney General is holding a series of public forums on the California Consumer Privacy Act (CCPA) to provide the public with an initial opportunity to comment on CCPA requirements and the corresponding regulations that the Attorney General must adopt on or before July 1, 2020.  On Friday, January 25, 2019, the Attorney General’s Office held its fourth of six hearings before a full auditorium in Los Angeles.  This blog post summarizes the main themes discussed at the hearing.

Timing/Scope:  For businesses hoping for CCPA clarity and guidance soon, that seems unlikely. California Deputy Attorney General Lisa Kim initiated the hearing, emphasizing that the Attorney General’s Office was in the beginning of its rulemaking process and noting that she anticipated the formal review process not to start until Fall 2019.  For now, the Attorney General’s Office encouraged interested parties to submit comments by the end of February, focusing on subjects within the scope of the Attorney General’s rulemaking responsibilities, as set forth in the CCPA, including:

  • Categories of Personal Information
  • Definition of Unique Identifiers
  • CCPA Exemptions
  • Submitting and Complying with Consumer Requests
  • Uniform Opt-Out Logo/Button
  • Notices and Information to Consumers, including Financial Incentive Offerings
  • Certification of Consumers’ Requests

During the hearing, the Attorney General’s Office displayed this PowerPoint deck, summarizing the CCPA regulatory process.

Main Themes


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