Category Archives: Regulatory Developments

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Full Panel of D.C. Circuit Upholds CFPB Structure, Reversing Earlier Decision

By Dana B. Rosenfeld, Donnelly L. McDowell and Ilunga Kalala on January 31, 2018 Posted in Consumer Financial Protection, Regulatory Developments

Earlier today, an en banc panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the CFPB was constitutionally structured, reversing an earlier decision by a divided three-judge panel and holding that the Dodd-Frank Act permissibly shields the CFPB Director from removal without cause. The Court’s 7-3 majority opinion only addressed the … Continue Reading

2017 Recap

By Kelley Drye on January 5, 2018 Posted in ADA, Advertising, Advertising Litigation, Class Actions, Consumer Product Safety, Consumer Protection, Federal Trade Commission, Kelley Drye, NAD, Native Advertising, Privacy and Information Security, Promotions, Regulatory Developments, Social Media, State Attorneys General

Most Popular Ad Law Access Posts of 2017 As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular: New Lawsuit Highlights Risks of Using User-Generated Content FTC Announces $1.3 … Continue Reading

Regulatory Changes Affecting All “Service Providers” – 12/31/17 Deadline

By Andrea L. Calvaruso on November 8, 2017 Posted in Intellectual Property, Regulatory Developments

The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet these requirements will lose the safe harbor protections afforded by the DMCA. The deadline to comply with these requirements is December 31, 2017. DMCA and … Continue Reading

Congressional Override Offers Industry Reprieve from CFPB Arbitration Rule but Battles Ahead Still Likely

By Donnelly L. McDowell and Alysa Zeltzer Hutnik on October 30, 2017 Posted in Consumer Financial Protection, Legislative Developments, Regulatory Developments

Last week, the Senate voted 51 to 50 (with Vice President Pence casting the tiebreaking vote) to override the Consumer Financial Protection Bureau’s Arbitration Rule, which was finalized earlier this year in July. As previously discussed here and here, the Arbitration Rule would have prohibited providers of covered consumer financial products and services from using … Continue Reading

Rules Are Made to Be ….Reformed: FTC Announces Regulatory Reform Measures

By Kristi Wolff on June 30, 2017 Posted in Federal Trade Commission, Regulatory Developments

As part of the FTC’s ongoing review of the needs, costs, and benefits of regulations, the agency recently announced it is reviewing the following rules: The Picture Tube Rule requires manufacturers to base screen size measurements on the horizontal measure of the viewable area, unless the alternative method of measurement is clearly disclosed. This rule … Continue Reading

FTC Submits Comments on IoT Device Security to NTIA Working Group

By Katie Townley and Alysa Zeltzer Hutnik on June 19, 2017 Posted in Federal Trade Commission, Internet of Things, Privacy and Information Security, Regulatory Developments

On Monday, the FTC submitted comments to the draft National Telecommunications and Information Administration (NTIA) guidance intended to improve Internet of Things (IoT) device security and increase consumer transparency. While recognizing the benefits (and proliferation) of IoT devices, the Commission’s comments caution that such benefits can only be realized when device manufacturers both incorporate – … Continue Reading

Indiana Amends Telemarketing Law, Bringing New Disclosure Requirements and DNC Vicarious Liability

By Alysa Zeltzer Hutnik, Crystal N. Skelton and Ilunga Kalala on May 12, 2017 Posted in Regulatory Developments, Telemarketing and Call Center Operations

Last month, the Indiana Governor signed into law House Bill No. 1444, which amends Indiana’s “do not call” statute and extends liability beyond the telephone solicitor, to individuals or entities that “directly or indirectly control” the telephone solicitor. The amendments take effect July 1, 2017 and affect entities that target Indiana consumers via telephone solicitation, … Continue Reading

Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments – 3/29/2017

By Kelley Drye on March 10, 2017 Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Consumer Product Safety, Consumer Protection, Kelley Drye, Regulatory Developments

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

Ad Law News and Views Newsletter

By Kelley Drye on February 17, 2017 Posted in Advertising, Antitrust, Class Actions, Consumer Protection, Dietary Supplements, Enforcement, Fashion and Retail, Federal Communications Commission, Federal Trade Commission, Food and Drug, Kelley Drye, Legislative Developments, NAD, Privacy and Information Security, Regulatory Developments, Social Media, State Attorneys General

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

EU Data Protection Authority Issues GDPR Action Plan, Swiss Sign Privacy Deal with U.S.

By Dana B. Rosenfeld, Christopher M. Loeffler, Laura van der Meer, Bert Theeuwes and Ilunga Kalala on February 6, 2017 Posted in Enforcement, European Union, Legislative Developments, Privacy and Information Security, Regulatory Developments

On January 16, 2017, the Article 29 Working Party (“Working Party”)—the EU’s central data protection advisory board—published a press release regarding its Action Plan for 2017, which was adopted as part of its wider implementation strategy for the General Data Protection Regulation (“GDPR”). The Action Plan follows up on the actions initiated in 2016 and … 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 Associate Director for Advertising Practices Elucidates the Commission’s Handling of Referrals From NAD

By John E. Villafranco and Jennifer Fried on October 24, 2016 Posted in Advertising, Federal Trade Commission, NAD, Regulatory Developments

The advertising industry’s self-regulatory system may be “voluntary,” but ignoring NAD’s recommendations—or declining to participate when asked—buys advertisers a prompt referral to the Federal Trade Commission. NAD often touts its close working relationship with the FTC. But what becomes of these referrals from the self-regulatory system? At NAD’s annual conference last month, Mary Engle, the … Continue Reading

California Helps Consumers Crowdsource Privacy Policy Violations

By Ilunga Kalala and Alysa Zeltzer Hutnik on October 15, 2016 Posted in Privacy and Information Security, Regulatory Developments

California Attorney General Kamala Harris announced yesterday that her office has rolled out a new online form to help consumers report companies who violate California’s Online Privacy Protection Act (CalOPPA). Under the California law, a website, app or online service must have a CalOPPA compliant privacy policy that is accessible to the consumer. Moreover, these … Continue Reading

FCC Chairman Outlines Proposal for New Broadband Privacy Rules

By John J. Heitmann and Jameson Dempsey on October 9, 2016 Posted in Federal & State Regulatory, Federal Communications Commission, Privacy and Information Security, Regulatory Developments

On October 6, 2016, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler published a blog entry on the Commission’s website outlining proposed privacy rules for broadband Internet Service Providers (ISPs). The proposed rules are scheduled to be considered by the full Commission at its monthly meeting on October 27, 2016. These rules come after … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

There is no excerpt because this is a protected post.

Kelley Drye’s Full Spectrum Podcast

By Kelley Drye on August 1, 2016 Posted in Federal Communications Commission, Internet of Things, Legislative Developments, Privacy and Information Security, Regulatory Developments

Five months ago, Kelley Drye’s Communications practice group launched the Full Spectrum podcast. Since then, they have recorded and posted ten episodes, featuring several different attorneys speaking on the most timely trends and issues in the Communications industry. While the podcast is still new, it has gained a substantial following through iTunes, SoundCloud, their podcast … Continue Reading

NY Attorney General Announces Infomercial Settlements

By Gonzalo E. Mon on July 21, 2016 Posted in Advertising, Regulatory Developments

This week, the New York Attorney General announced that it had settled investigations with two companies for deceptive sales practices related to infomercials. One company agreed to pay $700,000 to settle the investigation and the other agreed to pay $175,000. According to the AG, both companies advertised attractive offers, but they failed to clearly disclose … Continue Reading

Clarity Coming Soon About What New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) Actually Requires

By Jeffrey S. Jacobson and Geoffrey Castello on July 18, 2016 Posted in Class Actions, Legislative Developments, Regulatory Developments, TCCWNA

Remember that wave of class actions under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. § 56:12-14 et seq., that hit New Jersey courts earlier this year, claiming that website terms of use contained unlawful provisions? The motion to dismiss briefing is well underway, and online merchants should soon have some clarity about … Continue Reading

Texas Settles with PayPal over Money Transfer App Advertising and Privacy Practices

By Katie Townley and Alysa Zeltzer Hutnik on May 25, 2016 Posted in Advertising, Consumer Financial Protection, Federal Trade Commission, Privacy and Information Security, Regulatory Developments

On Friday, Texas Attorney General Ken Paxton announced a settlement with PayPal, resolving allegations that its Venmo money transfer app violated the Texas Deceptive Trade Practices Act by failing to clearly disclose how consumers’ phone contacts would be used, or how consumers’ transactions and interactions with other users would be shared, and misrepresenting that communications … Continue Reading

FCC Approves Release of NPRM to Implement Government Debt TCPA Exemption

By Jennifer Wainwright and Steve Augustino on May 17, 2016 Posted in Federal Communications Commission, Regulatory Developments, Telemarketing and Call Center Operations

On May 4, 2016, the FCC issued a Notice of Proposed Rulemaking to exempt robocalls made to collect “a debt owed to or guaranteed by the United States” from the TCPA’s prior express consent requirement. The new rules will implement a provision of the Bipartisan Budget Act of 2015. In its Notice, the Commission seeks … Continue Reading

Surprise!? DOJ Delays Web Accessibility Rulemaking (Yet Again)

By Crystal N. Skelton and Gonzalo E. Mon on May 10, 2016 Posted in ADA, Regulatory Developments

Website accessibility seems to be the Wild, Wild, West of the World Wide Web, and it is not going to get tamer anytime soon. Since July 2010, the DOJ has sought to issue a proposed rulemaking setting standards for website accessibility under the Americans with Disabilities Act (“ADA”). After numerous delays, we thought we had … Continue Reading

Class Actions Under New Jersey Warranty Law Threaten to Turn Terms-of-Service Boilerplate Into Big Potential Risks

By Jeffrey S. Jacobson on April 27, 2016 Posted in Advertising Litigation, Class Actions, Regulatory Developments

Do your Terms of Service preclude litigants from claiming consequential damages or attorneys’ fees? If new class action lawsuits in New Jersey are right, merely including these terms, and potentially many other disclaimers, violates New Jersey state law, and subjects you to a penalty of $100 per sale. This interpretation of New Jersey’s 36 year-old … Continue Reading

CFPB, “Please”: Judge Rebuffs CFPB’s Attempt to Compel Documents Regarding For-Profit College Accreditation

By Donnelly L. McDowell on April 26, 2016 Posted in Consumer Financial Protection, Regulatory Developments

Last Thursday, a federal district court judge in D.C. denied the Consumer Financial Protection Bureau’s (CFPB) attempt to compel documents from the Accrediting Council for Independent Colleges and Schools (ACICS). Rejecting the CFPB’s motion to enforce the Civil Investigative Demand (CID) against ACICS, the court held that “the CFPB lacks authority to investigate the process … Continue Reading