As localities order people to stay at home and non-essential businesses to close, consumers are turning to online options. Although you might welcome the traffic, you might also be facing unexpected challenges like a reduced work force, supply chain disruptions, manufacturing shifts from regular inventory to medical necessities, and other hurdles that can cause shipping
Price Gouging Enforcement Escalates At Federal and State Levels
As a follow-up to our recent posts on price gouging (see here, here, and here), we noted recent signs that federal and state authorities have escalated their enforcement efforts.
- On Monday, the President signed an executive order to prevent hoarding and price gouging of crucial medical supplies. It authorizes criminal prosecution of
Facial Recognition Tech Enforced by Vermont AG Under State Privacy & Data Broker Laws
Vermont Attorney General Thomas Donovan Jr. has ratcheted up ongoing scrutiny of facial recognition technology. On March 10, the Vermont AG sued facial recognition technology provider Clearview AI and moved for a preliminary injunction against the company. Clearview drew wide attention in January following the publication of a New York Times story that detailed how
Coronavirus Advertising-Related Enforcement is Ongoing
This post updates an earlier post relating to marketing around the coronavirus.
We noted a couple news items this week that help add context to the pervasiveness of and risks related to price gouging enforcement. In this story, the New York Times reported on a merchant who was selling hand sanitizer and related protective
The Boundaries of the FTC’s Section 13(b) Authority: 24 State AGs Weigh In
On January 30th, 24 State Attorneys General*, led by Kwame Raoul (D) of Illinois, submitted an amici curiae brief in support of the Federal Trade Commission’s position in FTC v. Credit Bureau Center LLC.
These State AGs are in agreement with the FTC, which has argued that the district court’s authority to
Section 13(b) at the New Year: Where Things Stand in the Fight Over The FTC’s Enforcement Authority
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
The Last Decade’s Top Ad Law Access Reads
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
ABA In-House Institute
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
FTC Launches Two More Actions under the Consumer Review Fairness Act, Requires Companies to Stop Restricting Reviews through Form Contracts
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
The Ad Law Access Podcast Now Available in iTunes
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,