On Wednesday, we described draft legislation circulating in the Senate Commerce Committee that would have given the Federal Trade Commission almost unfettered authority to enjoin permanently any act, practice or method of competition that did not meet its approval. https://www.adlawaccess.com/2022/05/articles/senate-commerce-committee-chair-pushes-one-sided-13b-fix/  All the Commission would need to do is show that a reasonable person had fair

Targeted Advertising in the Crosshairs: New Bill Seeks to Ban Many Forms of Targeted AdvertisingBackground

On Tuesday, Congressional Democrats unveiled a new bill to outlaw a wide swath of targeted advertising.  The Banning Surveillance Advertising Act would prohibit ad tech companies from using consumers’ personal information to target ads, with limited exceptions. It also would prohibit advertisers from using third party data, or data about a person’s membership in a protected class, to target ads.  The bill would authorize the FTC, state attorneys general, and private litigants to enforce the law, and the FTC to write rules implementing it.

The effort, led by Senator Cory Booker (D-NJ) and Congresswomen Anna Eshoo (D-CA) and Jan Schakowsky (D-IL), arrives at a time of unprecedented regulatory developments impacting the ad tech industry – most notably, the enactment of new state privacy laws in California, Virginia, and Colorado with provisions regulating the industry. While these privacy laws have focused on giving consumers the opportunity to make choices about data sharing for purposes of targeted advertising, the Banning Surveillance Advertising Act would place blanket prohibitions on such advertising. As we describe here, the FTC has also announced that it is developing a rule targeting “surveillance-based business models,” though the contours of that rule are still unknown.

In a press release, Senator Booker explained his view that “surveillance advertising is a predatory and invasive practice.  The hoarding of people’s personal data not only abuses privacy, but also drives the spread of misinformation, domestic extremism, racial division, and violence.”  Echoing Booker, Rep. Eshoo said that the practice “fuels disinformation, discrimination, voter suppression, privacy abuses, and so many other harms.” Rep. Schakowsky, who chairs the House Energy and Commerce Consumer Protection Subcommittee, said the practice “exacerbates manipulation, discrimination, misinformation, and extremism.”

Given the dramatic changes that the bill would impose on the marketplace, it is not surprising that industry groups have already criticized it forcefully.  In a press release today, IAB stated that the bill would “disenfranchise businesses that advertise on the Internet, and hundreds of millions of Americans who use it every day to find exactly what they need, quickly,” and that it could “eliminate the commercial internet almost entirely.”
Continue Reading Targeted Advertising in the Crosshairs: New Bill Seeks to Ban Many Forms of Targeted Advertising

Last week, California’s Governor signed a law that will likely impose significant limitations on companies’ abilities to make recyclability claims or use the popular “chasing arrows” symbol in California.

The law states that using a “chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, orRecycling Symbol any other symbol or statement” on a

The Colorado Legislature recently passed the Colorado Privacy Act (“ColoPA”), joining Virginia and California as states with comprehensive privacy legislation. Colorado Governor Jared Polis signed the bill (SB 21-190) into law on July 7, and ColoPA will go into effect on July 1, 2023.

How does the measure stack up against the VCDPA and the CCPA (as amended by CPRA)? The good news is that, in broad terms, ColoPA generally does not impose significant new requirements that aren’t addressed under the CCPA or VCDPA, but there are a few distinctions to note..
Continue Reading Privacy Law Update: Colorado Privacy Bill Becomes Law: How Does it Stack Up Against California and Virginia?

The Senate recently passed the Country of Origin Labeling Online Act (COOL Online Act) with overwhelming bipartisan support. Currently, U.S. law requires that external packaging for many products state the product’s country of origin. The uptick in online shopping and the sale of imported products, however, has increased interest in requiring country of origin disclosures

Update: Governor Polis signed SB 21-190 into law on July 7, 2021, see our updated blog post here.

The Colorado Legislature recently passed the Colorado Privacy Act (“ColoPA”), joining Virginia and California as states with comprehensive privacy legislation. Assuming Colorado Governor Jared Polis signs the bill (SB 21-190) into law, ColoPA will

The Florida legislature recently passed CS/SB 1120 updating and significantly expanding the state’s existing telemarketing laws, the Florida Telemarketing Act and the Florida Do Not Call Act. Many of the new provisions are similar to the TCPA, including, most importantly, adding a private cause of action for any violations of the Florida Do Not Call Act and requiring prior express written consent for automated or prerecorded calls or texts. If the bill becomes law, it will go into effect on July 1, 2021.

Under the existing Florida Do Not Call Act, callers are prohibited from making telephonic sales calls using “an automated system for the selection or dialing of telephone numbers” unless (i) the call is in response to a consumer-initiated call, (ii) the numbers are unlisted or have been scrubbed against the state Do Not Call list, or (iii) the calls relate to goods or services previously ordered or purchased. This Act does not include exemptions from the definition of “telephonic sales calls.” The Florida Telemarketing Act determines licensure, call timing, identification, and recordkeeping requirements, among others, and includes a number of exemptions.
Continue Reading Florida Takes Page Out of TCPA’s Book with New Legislation

Smart (CA) TVs Are Listening: California Assembly Passes Voice Recognition Device Bill Headed to Senate

The California Assembly recently passed AB-1262 updating an existing law to further limit the use of personal information collected through connected TVs and smart speaker devices. Specifically, the bill prohibits:

  • Operating a voice recognition feature of a connected TV or