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Advertising Law

Kelley Drye’s Advertising, Marketing and Privacy practice has a national reputation for excellence. No other firm can match our record in advertising litigation and National Advertising Division (NAD) proceedings, our substantive strength in the area of advertising, promotions marketing and privacy law, and our experience at the Federal Trade Commission (FTC), the offices of state Attorneys General, the NAD, and the broadcast networks.

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Ad Law Access Podcast

Upcoming Events and Other Ways to Stay Informed Food + Personal Care Litigation and Regulatory Highlights – January 2022 UK’s ASA Roasts Oatly’s Climate-Friendly Claims

Advertising Litigation

YouTube Faces Suit Over Automatic Renewal Practices Food + Personal Care Litigation and Regulatory Highlights – January 2022 Noom to Pay Over $60M to Cancel Automatic Renewal Suit

Agreements

Roofing Company Wants to End Sponsorship and Stop Clowning Around EU Court of Justice Strikes Down Privacy Shield; SCCs Safe for Now Do Your Sponsorship Agreements Address Event Cancellation?

Antitrust

Once Upon a Time in Federal Court Chopra, Khan, Slaughter Take Control of the Federal Trade Commission Second Circuit Reverses the Commission and Orders Dismissal on 1-800-Contacts

California Privacy Rights Act (CPRA)

Webinar Replay: A Readout Of The California Privacy Protection Agency's Draft Proposed CPRA Regulations Upcoming Events and Other Ways to Stay Informed New California Draft Privacy Regulations: How They Would Change Business Obligations and Enforcement Risk

Class Actions

YouTube Faces Suit Over Automatic Renewal Practices Fashion Nova Sued Over Failure to Post Negative Reviews Food and Personal Care Product Litigation and Regulatory Highlights – March 28, 2022

Commercial Co-Ventures

NAD Reviews Charitable Donation Claims Spotlight on Charitable Campaigns 2019 Selected Top Ad Law Access Reads and Listens

Consumer Financial Protection

Chopra Confirmed as Next CFPB Director; Departure Leaves FTC Evenly Divided FTC Continues Push for Civil Penalties with Important Implications for Financial Institutions and MLMs FTC Nominee Lina Khan Sails through Committee with Bipartisan Support While Chopra Awaits Senate Vote for CFPB Director

Consumer Online Privacy Right Act (COPRA)

2019 Selected Top Ad Law Access Reads and Listens A National Federal Privacy Law? Check Out COPRA, The Most Comprehensive Privacy Bill Introduced Yet

Consumer Product Safety

CPSC Creeping Closer to a Democrat Majority Recent CPSC Lawsuits Could Have Significant Ramifications for Platforms and for Companies Relying on Third Parties for Product Installation The Last Decade’s Top Ad Law Access Reads

Consumer Protection

Webinar Replay: State Attorneys General 101 State Attorneys General NAAG About Consumer Protection Did the Other Shoe Drop? Another Class Action Against New Balance for its “Made in USA” Claims

COVID-19 Federal Government Response

Democrats Release Their Own COVID-19 Privacy Legislation Senate Republicans Release COVID-19 Privacy Bill FTC Sends Warning Letters to Ten MLMs about COVID-related Product and Earnings Claims

COVID-19 Force Majeure and Contracts

Be Careful About Changing Refund Policies Under Covid-19 Do Your Sponsorship Agreements Address Event Cancellation?

COVID-19 Regulatory

Senate Spars with FTC BCP Director Sam Levine over FTC Enforcement, Surprisingly from Both Sides Taking State AGs’ Temperature on Covid Tests NAD Decision Suggests Expansive Definition of Advertising

Credit Cards

FTC Requests Auditors’ Data on PCI Data Security Assessments California's Song-Beverly Credit Card Act: The Past, Present, and Future Financial Reform Negotiations Conclude

Customs

Data Protection and National Security Concerns Meet in TikTok, WeChat Executive Orders Are Third Party Compliance Tests Dutiable Upon Entry into U.S.?

Dietary Supplements

FTC/FDA Cease and Desist Letters to Companies Touting Diabetes Cures: Is the FTC Testing the Limits of Its Civil Penalty Authority?Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – May and June 2021 Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – April 2021

Direct Sales

TINA.org Lobbies FTC to Use Penalty Offense Authority against Direct Sellers FTC Announces “Operation Income Illusion” to Crack Down on Deceptive Income Claims 2019 Selected Top Ad Law Access Reads and Listens

Disclosures

FTC Proposes Changes to Endorsement Guides with Expanded Liability and More Onerous Disclosure Requirements Big Little Material Omissions: Reese Witherspoon and Draper James Subject of Class Action Lawsuit Ad Law Access Podcast: Materiality and Clear and Conspicuous Disclosures

Endorsements and Testimonials

FTC Proposes Changes to Endorsement Guides with Expanded Liability and More Onerous Disclosure Requirements Texas AG Sues Google over Misleading Endorsements Where to Find More Info on the FTC’s Top Rules for 2022

Enforcement

FTC Threatens 70 Colleges with Civil Penalties in Attempt to Resurrect Penalty Offense Authority Chopra, Khan, Slaughter Take Control of the Federal Trade Commission TINA.org Lobbies FTC to Use Penalty Offense Authority against Direct Sellers

European Union

EU Court of Justice Strikes Down Privacy Shield; SCCs Safe for Now What Does Brexit Mean for Privacy Shield?The Last Decade’s Top Ad Law Access Reads

Fair and Accurate Credit Transactions Act (FACTA)

FTC Issues Guidance to Clarify Scope and Requirements of Red Flags for Identity Theft Prevention Rule New FACTA Rules Take Effect on July 1, 2010 Federal Agencies Issue FAQs on FACTA Red Flag Compliance

Fair Credit Reporting Act (FCRA)

Credential Stuffing: Cyber Best Practices from NY Attorney General’s Latest Report California Ruling Requires TransUnion to Pay Record $60M for FCRA Violations; Suit Alleged Consumer Reports Erroneously Linked Consumers to Criminals in OFAC Database Senate Commerce Committee Members Air Laundry List of Pressing Issues Including Privacy, Data Security, and FTC Enforcement

Fair Debt Collection Practices Act (FDCPA)

CFPB Releases Advanced Notice of Proposed Rulemaking on Debt Collection Practices Industry Stakeholders, Government Officials and Consumer Advocates Discuss Data Use in Debt Collection at CFPB-FTC Roundtable FTC and CFPB Announce Public Roundtable on Data Integrity in Debt Collection

Fair Lending

The Regulatory Landscape for Indirect Auto Lenders After Ally Financial Reform Negotiations Conclude Recently Commenced California Class Action May Impact Exposure Faced By Financial Institutions Involved With Federal Student Loans

Fashion and Retail

FTC Settles with Company Over Failure to Post Negative Reviews NY Lawmakers Introduce Sustainability Requirements for Fashion Industry Fashion Sustainability Claims Can’t Shake Scrutiny

Federal Communications Commission

Competition Policy Gets a Top Spot in the White House Beginning of a TCPA Clean-Up? FCC Sets Another Robocall Blocking Item for Vote While Addressing Two of Nearly Three Dozen Pending Petitions FCC/FTC Stake out Aggressive Robocall Position, Tell Gateway VoIP Providers to Block COVID-19 Robocalls – or Be Blocked Themselves

Federal Reserve

UPDATE: New Gift Card Rules To Take Effect on August 22, 2010 and Disclosure Requirements Will Now Take Effect on January 31, 2011 Financial Reform Debate Far From Over Financial Reform Negotiations Conclude

Federal Trade Commission (FTC)

FTC Seeks Comments on Updates to Disclosure Guidelines What the FTC’s Proposed Changes to its Endorsement Guides Suggest about Influencer Marketing FTC Proposes Changes to Endorsement Guides with Expanded Liability and More Onerous Disclosure Requirements

Food and Drug

Food + Personal Care Litigation and Regulatory Highlights – January 2022 Food Industry Litigation and Regulatory Highlights, October 2021 FTC/FDA Cease and Desist Letters to Companies Touting Diabetes Cures: Is the FTC Testing the Limits of Its Civil Penalty Authority?

GDPR

Out with the Old, In with the New SCCs EU Court of Justice Strikes Down Privacy Shield; SCCs Safe for Now The U.S. Approach to Privacy: What Is It, and Where Is It Headed?

Gift Cards

The Last Decade’s Top Ad Law Access Reads CFPB Issues Final Rule to Regulate Prepaid Products; Prepaid Providers Given One Year to Comply CFPB Director Cordray Testifies Before House Financial Services Committee

Green Marketing

Court Dismisses Lawsuit Against Allbirds Over Green Claims WFA Issues Guidance on Green Claims NAD Continues to Focus on Green Claims

Insurance Coverage & Recovery

New Hampshire Enacts New Insurance Data Security Law 8th Circuit Upholds Data Breach Coverage for Bank Loss Following Hacker’s Fraudulent Transfer Are You Covered? Fourth Circuit Finds CGL Insurance Coverage for Data Breach

Intellectual Property

Unauthorized Blockchain Domain Names: What's a Brand to Do?2021 Will Bring Expanded Protections for Publicity and Privacy Rights Under New York Law New Decision Warns Against Reposting Photos on Social Media

Internet of Things

Health and Fitness Apps and IoT Technologies Should Take Note: FTC Expands Interpretation of its Health Breach Notification Rule Manufacturing “Smart” Devices? NIST Security Has Recommendations Massachusetts Imposes Additional Data Breach Notification Requirements

Kelley Drye

Upcoming Webinars Off Giving Thanks Kelley Drye at the ABA Virtual Antitrust Spring Meeting

Lead Generation

FTC Settles With Lead Generation Firm For Illegally Selling Consumer Data, False Data Security Promises “Follow the Lead” Recap: FTC Summarizes Takeaways from Workshop on Lead Generation FTC Hosts Workshop on Lead Generation

Legislative Developments

Update on “Three Corners” Federal Privacy Bill: Still Moving Forward, Cloudy Skies Ahead, FTC On Deck Russia Sanctions Updates A New Federal Privacy Law Could Come from an Unexpected Place

Made in USA

FTC Tames Lions Making "Made in USA" Claims Did the Other Shoe Drop? Another Class Action Against New Balance for its “Made in USA” Claims Buy American Final Rule Ups the Domestic Content Ante

Merchant Billing & Payment

FTC Requests Auditors’ Data on PCI Data Security Assessments Legal Developments Affecting Payment Card Data Pass Practices Update: California Supreme Court Agrees to Review Issue of Whether Collecting Customer Zip Codes and Reverse Data Mining for Additional Customer Information Violates California's Song-Beverly Credit Card Act

mHealth

telehealth

Keep Calm and Go Online: Regulatory Considerations Around the Spike in Demand for Mental Health Apps Think Your Prescription Drug Advertising is Beyond NAD’s Purview? NAD Disagrees.FTC Resolves Case Against “Melanoma Detective” App Marketer

Mobile Marketing

Ad Law Access Podcast: Texting 101 - The Hot Button Issues to Consider When Running a Texting Campaign Announcing the Advertising and Privacy Law Webinar Series Avoiding the Enforcement Crosshairs of Cross-Device Tracking

Multi-Level Marketing

Illinois Court Dismisses Neora’s Declaratory Judgment Suit against FTC on Jurisdictional Grounds Webinar Replay: Product and Earnings Claims in the Time of COVID-19 Upcoming Webinars: Product and Earnings Claims in the Time of COVID-19 and Trade Association Antitrust 101

NAD

NAD Judges a Popularity Contest Lather, Rinse, Review, Repeat – NAD Issues New Decision on Haircare Reviews Food and Personal Care Product Litigation and Regulatory Highlights – March 28, 2022

Native Advertising

SEC KOs Mayweather and DJ Khaled for Promoting Cryptocurrency Without Disclosures FTC Settlement Addresses Influencers and Native Ads New NAD Decision Addresses Affiliate Links

Office of Foreign Assets Control (OFAC)

California Ruling Requires TransUnion to Pay Record $60M for FCRA Violations; Suit Alleged Consumer Reports Erroneously Linked Consumers to Criminals in OFAC Database

Privacy and Information Security

Update on “Three Corners” Federal Privacy Bill: Still Moving Forward, Cloudy Skies Ahead, FTC On Deck Upcoming Webinars: State Attorneys General 102 and How To Protect Employee/HR Data and Comply with Data Privacy Laws Readout on House Privacy Hearing: Wide Attendance, Lots of Issues, Full Steam Ahead

Promotions

Sweepstakes Mishap Hastens Company's Downfall Webinar Replay: Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic Big Little Material Omissions: Reese Witherspoon and Draper James Subject of Class Action Lawsuit

Real Time Marketing

Announcing the Advertising and Privacy Law Webinar Series 2016 Advertising and Privacy Law Summit Attendee Follow up

Regulatory Developments

Upcoming Webinars: State Attorneys General 102 and How To Protect Employee/HR Data and Comply with Data Privacy Laws Upcoming Events and Other Ways to Stay Informed New California Draft Privacy Regulations: How They Would Change Business Obligations and Enforcement Risk

Reviews

Fashion Nova Sued Over Failure to Post Negative Reviews Lather, Rinse, Review, Repeat – NAD Issues New Decision on Haircare Reviews FTC Continues to Focus on Incentivized Reviews

Right of Publicity

No SpielBurgers for you! Steven Spielberg Shuts Down Unauthorized Use of His Name New Lawsuit Highlights Risks of Using User-Generated Content Airbnb Faces Suit for Using Julia Child’s Name in a Contest

Social Media

Insights into Texas’ Content Moderation Law Upcoming Kelley Drye Events Trust in Trustworthiness Ratings? Privacy Group EPIC Lodges Complaint with FTC Regarding Airbnb Ratings

Song-Beverly Credit Card Act

California's Song-Beverly Credit Card Act: The Past, Present, and Future Appellant Attempts to Re-litigate Issue of Whether Retailers that Collect Customer Zip Codes During Credit Card Transactions Violate California's Song Beverly Credit Card Act Update: California Supreme Court Agrees to Review Issue of Whether Collecting Customer Zip Codes and Reverse Data Mining for Additional Customer Information Violates California's Song-Beverly Credit Card Act

State Attorneys General

Upcoming Webinars: State Attorneys General 102 and How To Protect Employee/HR Data and Comply with Data Privacy Laws Webinar Replay: State Attorneys General 101 Upcoming Events and Other Ways to Stay Informed

Subprime

Minnesota Enacts Mortgage Licensing Law Are Financial Institution Executives Becoming an Uninsurable Risk?NAACP To File Subprime Suits Against Wells Fargo and HSBC

Sweepstakes and Contests

Big Little Material Omissions: Reese Witherspoon and Draper James Subject of Class Action Lawsuit Ad Law Access Podcast: Sweepstakes and Contests AutoZone to Pay Almost $50 Million Over Changes to Loyalty Program

Tax

The Pink Tax: A Litigation and Legislation Update What’s Next Following Enactment of Maryland’s Advertising Tax?The Pink Tax: Discrimination or Actual Differentiation?

TCCWNA

Ding Dong, TCCWNA Class Actions Are Dead.NJ Supreme Court Disapproves Class Certification In Landmark TCCWNA Case California Choice of Law Provision Defeats Claim Under NJ Consumer Protection Law

Telemarketing

TCPA Tracker – August 2021 Florida Takes Page Out of TCPA’s Book with New Legislation Seventh Circuit Reminds Insurance Policyholders to Shop Carefully for TCPA Coverage

Textile, Wool, Fur, and Care Labeling Rules

Rules Are Made to Be ….Reformed: FTC Announces Regulatory Reform Measures Hat Trick: FTC Announces Changes to Wool Labeling Rules FTC Announces Changes to Fur Labeling Rules

Uncategorized

ICYMI: The FTC Has Civil Penalty Authority Relative To COVID-Related Advertising Annual Advertising & Privacy Law Summit Attracts Industry Leaders to the Reopened Watergate Hotel

Website Accessibility

DOJ Guidance on Website Accessibility Provides Little Clarity Eleventh Circuit Reverses Website Accessibility Decision (and Congress Considers Action)Hope for Business Operators With Website Accessibility Cases In New York?