Ad Law Access

Updates on Advertising and Privacy Law Trends, Issues, and Developments

Earlier this month, the Department of Justice released a White Paper and FAQ on the Clarifying Lawful Overseas Use of Data (CLOUD) Act. Enacted in March 2018, the CLOUD Act attempts to resolve the legal conflicts that arise when one country orders the disclosure of electronic data pursuant to a criminal investigation, but another country’s laws restrict or prohibit such disclosure. Communications service providers with customers, offices, and storage facilities worldwide often encounter this issue, and it…
On Tuesday, the California Senate Judiciary Committee will hold a hearing to discuss SB-753, which, if adopted, would carve out from the California Consumer Privacy Act (CCPA)’s definition of “sale” certain data sharing for purposes of delivering advertising. As we’ve previously noted, the CCPA is intended to afford consumers the right to know when a company is selling their “personal information” by imposing certain disclosure and opt-out requirements on companies that engage in…
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…
Last month, we wrote about the decision of the U.S. Court of Appeals for the Third Circuit in FTC v. Shire Viropharma Inc., holding that the FTC may only bring a case under Section 13(b) of the FTC Act when the FTC can articulate specific facts that a defendant “is violating” or “is about to violate” the law. We noted that the same issue in the context of a consumer protection action is likely headed…
A decision from Judge Preska in the Southern District of New York may change the trajectory of website accommodation cases in New York. Website Accessibility Cases in New York Prior To This Decision In 2017, Judge Weinstein in the Eastern District of New York denied the motion to dismiss in Blick Art, issuing a thirty-seven page opinion on why the plaintiff stated a valid claim under the Americans with Disabilities Act (ADA). In 2018,…
A federal judge allowed a class-action lawsuit alleging Bose collected and shared data about its headphone users to proceed last week on the basis of deceptive advertising. The decision underscores the risks that internet of things (IoT) businesses can face if they fail to accurately communicate to consumers how a mobile app or “smart” product collects and uses personal data. At issue in the case is an allegation that Bose offered a companion app for…
This week, the FTC announced a settlement with UrthBox and its president that addresses two topics that we frequently cover on this blog: (1) free trials; and (2) incentivized reviews. Free Trial The FTC alleged that Urthbox offered a “free” trial of its snack boxes for a nominal shipping and handling fee. For some consumers, the trial came with unexpected costs. Unless they took steps to cancel before the end of the trial, consumers were…
The Danish and Polish data protection authorities issued their first GDPR fines last month. The cases serve as indicators of the kinds of technical violations enforcement officials are looking to deter as they police the EU’s new privacy regulation. In Denmark, Datatilsynet recommended fining the taxi company Taxa 4×35 nearly $180,000 for failing to delete records on 9 million taxi rides after they were no longer needed.  Article 5 of the GDPR discourages companies from…
The FDA and FTC jointly issued warning letters to three companies selling CBD products online.  The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the Federal Trade Commission Act (“FTCA”).  Although this is the first time the FDA and FTC have issued joint warning letters relating to CBD, the FDA has been involved in CBD enforcement for the past few years. Since the passing of the 2018 Farm Bill, which…
FTC Chairman Joe Simons recently acknowledged the Commission’s plan to use its authority under Section 6(b) of the FTC Act to examine the data practices of large technology companies.  In written responses to questions from members of the U.S. Senate Commerce Committee following in-person testimony in November 2018, Chairman Simons confirmed that plans were underway to gather information from tech companies, though the specific targets or areas of focus remained under consideration. As described by