If you’re offering any products or services involving a negative option or automatic renewal plan, pay close attention to the FTC’s announcement today of a proposed rule that would drastically alter requirements for negative option disclosures while simultaneously granting the
Ad Law Access
Updates on Advertising and Privacy Law Trends, Issues, and Developments
Ad Law Access, published by Kelley Drye & Warren LLP, focuses on legal developments and regulatory issues related to advertising, marketing, and consumer protection. The blog covers topics such as consumer finance marketing practices, advertising regulations especially concerning children, data broker laws and privacy regulations, food safety legislation impacting product ingredients, and enforcement actions by agencies like the FTC and CFPB. It also addresses legal challenges to regulatory authority and compliance requirements affecting advertisers and marketers. The content highlights evolving legal standards and enforcement trends in advertising law and consumer protection.
Latest from Ad Law Access - Page 10
DNA Diagnostics Center Settles Data Breach with Ohio and Pennsylvania Attorneys General
On February 16, 2023, the Attorneys General of Ohio and Pennsylvania announced a settlement with Ohio-based DNA Diagnostics Center (“DDC”) for a 2021 data breach which involved 2.1 million residents nationwide, including the social security numbers of over 45,000 Ohio…
Iowa: A Sixth State Privacy Law?
If Iowa Governor Kim Reynolds signs Senate File (SF) 262, the Hawkeye State will become the sixth state to adopt a comprehensive consumer privacy law. Iowa’s House and Senate have both passed Senate File 262 unanimously. If approved, SF…
NARB Recommends Better Distinction Between Current Achievements and Future Goals
Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or “ABA”). NAD found that several of ABA’s claims – including claims that “our bottles are made to be…
NAD Explores When Companies can be Responsible for Third-Party Reviews
If a third-party writes a good review of your product – or, even better, rates it as one of the best – can you link to that review? A new NAD decisions suggests that the answer may not be as…
State Attorney General Civil Investigative Demands: Take Them Seriously
As we have discussed, most consumer protection laws give attorneys general broad authority to perform pre-litigation discovery through investigative subpoenas, often termed “civil investigative demands” (CIDs). Many attorneys general can also require sworn statements and answers to interrogatories pursuant…
Reading the Tea Leaves in the FTC’s 2024 Congressional Budget Request
On March 13, 2023, the FTC submitted its 2024 budget request to Congress, along with a performance plan for FY 2023-2024 and a performance report for FY 2022. While generally an aspirational document, the budget includes a few notable…
NAD Finds Dark Patterns in a Rewards Program
For $9.99 per month, Pier 1 offers Pier 1 Rewards, a loyalty program that includes benefits such as a 10% discount on all purchases and free shipping and returns on eligible items. Until recently, when a consumer added an item…
FTC Reminds Advertisers to Keep AI Claims in Check
A recent post on the FTC’s Business Blog notes that although there may be disagreement about what “artificial intelligence” or “AI” is, those terms are being used in marketing campaigns, and the FTC worries that some advertisers “won’t be able…
State AGs and Consumer Protection: What We Learned from ….North Carolina
Our State AG webinar series continues, this time with Consumer Protection Division Director Kevin Anderson and Deputy General Counsel Daniel Mosteller of the North Carolina Attorney General’s Office (NC AGO). During our webinar, we learned about the office’s structure, consumer…