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Please join us on May 1 in Charlotte for a half-day workshop covering the latest advertising and privacy law developments. This interactive event will provide an update on crucial consumer protection issues, deliver practical guidance and benchmarking, and offer an opportunity to connect with peers across a variety of industries. This workshop will be open to the public but registration is required. Register here. Agenda Highlights Working with Influencers and Paid Partnerships Marketing with influencers…
Since its adoption, the Telephone Consumer Protection Act (TCPA) has periodically been attacked as unconstitutional on grounds that it violates the First Amendment right to free speech due to its content-based restrictions. Until today, those attacks have generally failed, leaving defendants with the threat of potentially crippling statutory damages. Today, the Fourth Circuit announced that part of the TCPA, an exemption for calls to collect government debts, is unconstitutional and will be stricken from the…
Almost ten months after the California Consumer Protection Act was passed, companies are still trying to figure out what it means. To make things more complicated, over 40 bills have been introduced to make changes to the law, and the Attorney General is required to pass regulations on a number of provisions. How can companies deal with this moving target? Alysa Hutnik provides some tips in this podcast. The Ad Law Access podcast is available…
The draft National E-Commerce Policy (“Draft Policy”) released by the Government of India on February 23, 2019 for stakeholder comments, has left the e-commerce sector in jitters. For global market players, the protectionist construct of the Draft Policy seems to suggest a shift of India’s focus from ‘Ease of Doing Business in India’ to ‘Make in India’. If the Draft Policy is implemented in its present form, it may have a serious impact demanding drastic…
With the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags Entertainment Corp., the floodgates have opened for class actions in Illinois against businesses that collect biometric information from employees or customers.  In Rosenbach, the Illinois Supreme Court decided that alleged procedural violations of Illinois’s Biometric Information Privacy Act (“BIPA”) are enough, without alleging actual injury to an individual, to bring an action under the law. While the particular details of that decision can be relevant…
Editors of the ABA Journal have selected Ad Law Access as one of the 2018 ABA Journal Web 100, a list of the 100 best digital media resources for a legal audience. The Web 100 honors legal blogs, podcasts, social media and, as of 2018, web tools. In addition, the magazine added five more bloggers to its Blawg Hall of Fame—featuring the very best law blogs, known for their untiring ability to craft high-quality,…
Andrew Smith was recently named Director of the FTC’s Bureau of Consumer Protection. With a strong background in financial matters, businesses can expect Smith to focus on issues affecting consumer financial services. Smith is not a stranger to federal positions. Although most recently a Partner in the Regulatory and Public Policy Group at Covington & Burling LLP and Co-Chair of the firm’s Financial Services Group, Smith previously held roles as Senior Counsel and Acting Assistant…
The Senate yesterday confirmed all five nominees to the Federal Trade Commission by voice vote, which means the five-person body will soon be restored to full capacity after over a year with only two Commissioners.  Current Chair Ohlhausen released a statement congratulating incoming Chair Joseph Simons and soon-to-be new Commissioners Noah Phillips, Becca Slaughter, Rohit Chopra, and Christine Wilson. Ohlhausen’s statement suggests that she intends to remain at the Commission until confirmed by the Senate…
FTC Commissioner Terrell McSweeny is scheduled to resign effective April 28 and may leave with acting Chairman Maureen Ohlhausen as the sole commissioner. Law360  published an article by partner John Villafranco and professor Stephen Calkins that discusses whether the FTC can take formal action by a 1-0 vote and when does a commission cease being a commission? To read the full article, please click here.…
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 Million Settlement in Negative Option Case Read This Before Scanning A Driver’s License In New Jersey FTC Staff Reminds Brands