Topics

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.

For more information, visit:

Ad Law Access Podcast

Two Epic Cases from the FTC: Spotlight on COPPA, Unfairness, Teens, Dark Patterns, In-App Purchases, Cancellations, and More Top Advertising Law Developments in 2022 The FTC and CFPB are Coming for “Junk Fees,” but What Does that Really Mean?

Advertising Litigation

Hurried Woman Sues Over Cook Time Instructions Coca-Cola Scores Second Win over Green Claims in One Month Coca-Cola Beats False Advertising Suit Over Aspirational Claims

Agreements

CFPB Tackles Fine Print in Consumer Financial Contracts Thirsty World Cup Fans Serve Up Reminder About Sponsorship Agreements Roofing Company Wants to End Sponsorship and Stop Clowning Around

Antitrust

FTC Proposes to Regulate Virtually Every Labor Relationship in the United States Once Upon a Time in Federal Court Chopra, Khan, Slaughter Take Control of the Federal Trade Commission

California Privacy Rights Act (CPRA)

CPRA Rule Revisions Unlikely to be Finalized in 2022 Preparing for Expanded Consumer Rights Requests Under the CPRA On Notice: “Notice at Collection” and Privacy Policy Requirements Under the CPPA’s Draft Regulations

Cannabis

Twitter Is The First Major Social Media Platform to Expressly Allow Cannabis Advertising

Class Actions

Ana De Armas Fans Move Forward on False Advertising Suit Beverage Makers Served A Reminder By Kombucha False Advertising Case NFL Hit with Automatic Renewal Lawsuit (and Hyperbole)

Commercial Co-Ventures

New California Law Governing Commercial Co-Ventures Now (Partly) In Effect NAD Reviews Charitable Donation Claims Spotlight on Charitable Campaigns

Consumer Financial Protection

You’re Invited to a Webinar on What to Expect in 2023 FinTech and Financial Services Regulation ECOA and Beyond: Recent Updates and Developments in Discrimination Enforcement Regulators Continue to Focus on “Dark Patterns” in Negative Option Marketing

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

DNA Diagnostics Center Settles Data Breach with Ohio and Pennsylvania Attorneys General State AGs and Consumer Protection: What We Learned from ….North Carolina State AGs and Consumer Protection: What We Learned from….Tennessee

COVID-19 Federal Government Response

ICYMI: The FTC Has Civil Penalty Authority Relative To COVID-Related Advertising Democrats Release Their Own COVID-19 Privacy Legislation Senate Republicans Release COVID-19 Privacy Bill

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

Food + Personal Care Product Litigation and Regulatory Highlights – February 2023 Food + Personal Care Industry Insights – January 2023 Misguided: The FTC Attempts to Redefine the Law with its Health Products Compliance Guidance

Direct Sales

Next Stop on the FTC’s Rulemaking Train: Proposed Revisions to the Business Opportunity Rule TINA.org Lobbies FTC to Use Penalty Offense Authority against Direct Sellers FTC Announces “Operation Income Illusion” to Crack Down on Deceptive Income Claims

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

Top Advertising Law Developments in 2022 Lawsuit Over Crypto Promotion Targets Celebrity Endorsements FTC and States Settle with Google and iHeartMedia Over Misleading Endorsements

Enforcement

Two Epic Cases from the FTC: Spotlight on COPPA, Unfairness, Teens, Dark Patterns, In-App Purchases, Cancellations, and More State AGs Highlight Changes to NAAG and Multistate Enforcement for 2023 Upcoming Price Gouging and Employee/HR Data Privacy Webinars

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

California Bans PFAS “Forever Chemicals” in Clothing, Textiles, and Cosmetics H&M Sued Over Sustainability Claims Man Sues Bass Pro Over Lifetime Guarantee on Socks

Federal Communications Commission

FCC Seeks Comments on Updates to CPNI Breach Reporting Rule 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

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 Proposes Massive Expansion of Negative Option Rule; Would Provide Redress and Civil Penalty Authority for Deceptive Practices Unrelated to the Negative Option Transaction Reading the Tea Leaves in the FTC’s 2024 Congressional Budget Request FTC Reminds Advertisers to Keep AI Claims in Check

Food and Drug

Beverage Makers Served A Reminder By Kombucha False Advertising Case FDA and CDC Agree to Partner to Reduce Foodborne Illness in Retail and Foodservice Establishments FDA Proposes New “Healthy” Definition As Part of Comprehensive Biden Administration Nutrition and Health Initiatives

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

NARB Recommends Better Distinction Between Current Achievements and Future Goals NAD Finds Advertiser Can’t Support Aspirational Net Zero Claims FTC Starts Process of Updating Green Guides

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

On Notice: “Notice at Collection” and Privacy Policy Requirements Under the CPPA’s Draft Regulations Update on “Three Corners” Federal Privacy Bill: Still Moving Forward, Cloudy Skies Ahead, FTC On Deck Russia Sanctions Updates

Made in USA

FTC Challenges Half-Baked “Made in USA” Claims Using Domestically Sourced Recycled Content? Look Beyond the Recycling Process before Claiming It’s “Made in USA”FTC Addresses Supplier Due-Diligence for Made In USA Claims

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

FTC to Advertisers: We’re Tracking Your Use of Health Information 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.

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

NARB Recommends Better Distinction Between Current Achievements and Future Goals NAD Explores When Companies can be Responsible for Third-Party Reviews NAD Finds Dark Patterns in a Rewards Program

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

DNA Diagnostics Center Settles Data Breach with Ohio and Pennsylvania Attorneys General Iowa: A Sixth State Privacy Law?Webinar Invite: 2023 Privacy Litigation Trends

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

CFPB Tackles Fine Print in Consumer Financial Contracts “An Arrow Has Found its Target”: Federal Appeals Court Deems CFPB Funding Method Unconstitutional, Invalidating Payday Lending Rule California Bans PFAS “Forever Chemicals” in Clothing, Textiles, and Cosmetics

Reviews

NAD Explores When Companies can be Responsible for Third-Party Reviews Washington Attorney General Cracks Down on Fake Reviews FTC Explores New Rule to Combat Fake Reviews

Right of Publicity

50 Cents, a Euphemistic Eggplant, and the 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

Social Media

FTC to Advertisers: We’re Tracking Your Use of Health Information Twitter Is The First Major Social Media Platform to Expressly Allow Cannabis Advertising Insights into Texas’ Content Moderation Law

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

State Attorney General Civil Investigative Demands: Take Them Seriously State AGs and Consumer Protection: What We Learned from ….North Carolina NY Attorney General Proposes Price Gouging Rules

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 New Lawsuit Highlights Risks of Using User-Generated Content

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

Website Accessibility

Court Holds that Website Accessibility Doesn’t Require 100% Compliance California Appellate Court Holds in Favor of a Digital-Only Retailer Under Both the ADA and Unruh Act DOJ Guidance on Website Accessibility Provides Little Clarity