Ad Law Access Podcast

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Updates on advertising and privacy law trends, issues, and developments from Kelley Drye's Advertising and Marketing practice. Please visit our award winning blog at https://adlawaccess.com.

Ad Law Access Podcast


    • Oct 1, 2025 LATEST EPISODE
    • weekdays NEW EPISODES
    • 7m AVG DURATION
    • 609 EPISODES


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    Latest episodes from Ad Law Access Podcast

    Too Much Chatter? AGs Continue Criticism of AI Chatbots

    Play Episode Listen Later Oct 1, 2025 4:37


    California and Delaware AGs are pressing OpenAI on child safety, warning that its recapitalization plan is subject to review and urging stronger safeguards. At the same time, AG Bonta backed California's LEAD for Kids Act, which would restrict companion chatbots for minors unless strict protections are in place. For legal, compliance, and product teams, these actions signal rising state-level scrutiny of AI and potential penalties for companies that design chatbots without adequate safeguards. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier

    MrBeast Serves up a Feast of Issues for CARU

    Play Episode Listen Later Sep 30, 2025 3:40


    What happens when one of the world's biggest YouTubers markets directly to kids? Last week, the Children's Advertising Review Unit (CARU) announced a decision involving MrBeast and his brand Feastables, raising concerns about ad labeling, misleading claims, sweepstakes practices, and children's privacy protections. The case underscores the heightened scrutiny companies face when advertising to children. From clear disclosures to COPPA compliance, brands need to recognize that kids interpret ads differently—and regulators expect advertisers to take extra care. For legal, compliance, and marketing teams, this is a reminder that children's advertising brings unique risks and responsibilities. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

    Alaska Can Ask Ya (For Documents)

    Play Episode Listen Later Sep 29, 2025 6:01


    What starts with an anonymous consumer complaint can quickly escalate into a full-scale investigation. In Business Doe, LLC v. State of Alaska, the Alaska Supreme Court confirmed the Attorney General's authority to issue subpoenas in consumer protection cases—even when triggered by a single anonymous letter. This ruling underscores just how broad state AG investigative powers can be, and highlights the risks for businesses that underestimate consumer complaints or the reach of AG enforcement. Legal, compliance, and risk teams should pay close attention to how courts are interpreting AG authority, as similar challenges are likely to emerge across other states. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier

    FTC Announces $7.5 Million Settlement Over Cancellation Practices

    Play Episode Listen Later Sep 26, 2025 4:09


    The FTC just announced a $7.5 million settlement with Chegg, alleging the company violated ROSCA by making it unnecessarily difficult for subscribers—mostly students—to cancel their online services. According to the FTC, Chegg's cancellation process buried links, forced users through confusing flows and “save” attempts, and in some cases still charged consumers after cancellation. The settlement requires Chegg to maintain a simple cancellation mechanism that is at least as easy as signing up—reaffirming the FTC's ongoing focus on negative option compliance even after the Click to Cancel Rule was vacated. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon and Beth Chun.

    State AGs and Consumer Protection- What We Learned From ... Hawaii

    Play Episode Listen Later Sep 25, 2025 7:55


    Hawaii stands out among the states with a rare dual-entity enforcement structure: both the Attorney General's Office and the Office of Consumer Protection hold authority under the state's consumer protection laws. In this episode, we explore how these agencies coordinate enforcement, the strengths and challenges of overlapping jurisdiction, and the unique legislative and litigation roles each plays. We also dive into Hawaii's UDAP and deceptive trade practices laws, automatic renewal requirements, price gouging restrictions, and key differences between pursuing cases in state versus federal court. For legal, compliance, and marketing teams, Hawaii offers a distinctive look at how consumer protection authority can be shared—and what that means for enforcement risk. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier.

    Spotlight on the 2025 AGA Chair's Initiative- Cyber Awareness

    Play Episode Listen Later Sep 24, 2025 3:47


    In late August, the Attorney General Alliance hosted its Chair's Initiative in Girdwood, Alaska, marking the final event under former Alaska Attorney General Treg Taylor's leadership. The conference brought together attorneys general, cybersecurity experts, and industry leaders to discuss evolving digital threats and strategies for public-private collaboration. Key themes included strengthening national defenses through cross-sector partnerships, harmonizing fragmented privacy laws, and leveraging AI responsibly—both to address risks like deepfakes and to build safer, more transparent systems. For companies navigating cybersecurity and consumer protection challenges, the Initiative underscored the central role state AGs will continue to play in shaping digital policy. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier.

    HelloFresh to Pay $7.5 Million to Settle Automatic Renewal Suit

    Play Episode Listen Later Sep 9, 2025 4:30


    California regulators are sending a clear message to subscription-based businesses. HelloFresh has agreed to pay $7.5 million and revamp its practices after the California Automatic Renewal Task Force alleged that the company enrolled consumers in auto-renewing plans without proper disclosures or consent, and used tactics like countdown timers, misleading free offers, and unclear cancellation terms. As part of the settlement, HelloFresh must implement stricter consent mechanisms, provide clear disclosures, and offer easier cancellation options. For legal, compliance, and marketing teams, this case highlights the heightened scrutiny on subscription models and the growing expectation that companies go beyond the letter of the law to ensure transparent, consumer-friendly practices. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

    State AGs Again Urge Action to Protect Kids from Tech and AI Risks

    Play Episode Listen Later Sep 8, 2025 4:43


    State attorneys general are turning up the heat on Big Tech. Last week, 27 AGs filed an amicus brief urging the Eleventh Circuit to uphold Florida's law restricting social media access for children, framing the measure as content-neutral and necessary to protect youth mental health. Days later, 44 AGs sent a joint NAAG letter to leading AI companies warning them to safeguard children from exploitation and inappropriate content, making clear they will use every enforcement tool available. For legal, compliance, and marketing teams, these actions underscore the growing regulatory focus on online platforms, addictive features, and AI-driven risks. Companies in the tech, digital media, and AI sectors should expect heightened scrutiny and prepare for aggressive, coordinated enforcement. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.

    NAD Finds that Cookware Claims Don't Stick

    Play Episode Listen Later Sep 5, 2025 5:27


    Caraway Home's ads promoting its nonstick cookware as free from “forever chemicals” faced scrutiny when the Cookware Sustainability Alliance challenged claims suggesting competitor cookware is unsafe and exposes consumers to harmful PFAS. NAD found Caraway's evidence insufficient, noting that while PTFE—the PFAS compound used in many traditional nonstick products—can release fumes under extreme conditions, those scenarios do not reflect typical consumer use. For legal, compliance, and marketing teams, this decision underscores the importance of grounding health and safety claims in consumer-relevant evidence, not just lab studies, and being cautious when making broad comparative claims against competitors. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

    Alaska and Missouri AGs Announce Resignations

    Play Episode Listen Later Sep 4, 2025 3:20


    Two state attorneys general made surprise announcements last week, signaling major changes ahead in consumer protection enforcement. Missouri AG Andrew Bailey will step down September 8 to join the FBI as Co-Deputy Director, with former U.S. Attorney Catherine Hanaway already appointed as his successor through 2028. In Alaska, AG Treg Taylor announced his resignation effective August 29, amid reports he may pursue a run for governor. Both AGs have been active on hot-button issues ranging from AI and social media regulation to cybersecurity and financial data protection. For legal, compliance, and marketing teams, these leadership transitions matter: shifts in priorities, enforcement strategies, and election dynamics can quickly reshape the regulatory landscape. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.

    Highlights from the 2025 NAAG Presidential Summit

    Play Episode Listen Later Sep 2, 2025 4:54


    The 2025 NAAG Presidential Initiative Summit brought attorneys general, law enforcement, healthcare leaders, and private sector stakeholders together to tackle the urgent challenges posed by fentanyl, methamphetamines, and other emerging drug threats. Discussions ranged from innovative legislative responses like “Jake's Law,” to the role of social media and online pharmacies in drug trafficking, to growing concerns about counterfeit GLP-1 weight loss drugs. For legal, compliance, and marketing teams, the Summit signals where enforcement priorities are headed and underscores the importance of preparing for greater regulatory scrutiny. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.

    NY AG Zeroes in on Zelle with Lawsuit

    Play Episode Listen Later Aug 29, 2025 4:23


    A new lawsuit from the New York Attorney General is targeting Zelle, raising important questions about how payment platforms handle fraud claims and consumer protection obligations. With regulators sharpening their focus on peer-to-peer payment services, companies operating in the fintech, banking, and marketing spaces face heightened compliance risks and evolving enforcement priorities. Legal, compliance, and marketing teams should take note of how this case could reshape expectations around liability, disclosures, and customer trust. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

    NAD Considers Material Connection Disclosures in LinkedIn

    Play Episode Listen Later Aug 28, 2025 3:56


    Could a clinical relationship on LinkedIn trigger consumer protection concerns? In its latest decision, the National Advertising Division weighed in on two LinkedIn posts by Agendia featuring Dr. Nathalie Johnson—who praised Agendia's genomic test over a competitor's—without disclosing her material connections to the company via co-authored research and her role as principal investigator in a study. The NAD recommended that Agendia make those connections "clearly and conspicuously" obvious to audiences. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon. Read the full post: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-considers-material-connection-disclosures-on-linkedin

    nad considers disclosures material connection
    Court Considers Whether a "Smidgen" is Material in a False Advertising Suit

    Play Episode Listen Later Aug 27, 2025 2:40


    Can a “smidgen” of difference sink an advertising claim? A recent class action against Prime energy drink raised that very question after lab tests showed caffeine levels slightly higher than advertised. The court concluded that the overage was not material, reasoning that consumers seeking an energy boost were unlikely to be misled by a few extra milligrams of caffeine. For legal, compliance, and marketing teams, the decision highlights how courts apply the reasonable consumer standard and reminds businesses that even small variances in product claims can invite scrutiny—though not all will prove actionable. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

    Influencer Lawsuit Dismissed on Procedural Grounds

    Play Episode Listen Later Aug 26, 2025 4:08


    A recent court decision dismissing a high-profile influencer lawsuit highlights the critical role that procedural rules can play in advertising and endorsement disputes. While the case didn't move forward on the merits, it still offers important lessons on how courts may handle claims involving influencer marketing practices. For legal, compliance, and marketing teams, the takeaway is clear: even when procedural issues decide the outcome, the underlying risks tied to endorsements, disclosures, and consumer trust remain front and center. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

    State AGs and Consumer Protection- What We Learned From ... Nevada

    Play Episode Listen Later Aug 25, 2025 9:53


    What happens in Nevada won't stay in Nevada when it comes to consumer protection enforcement. A recent Kelley Drye webinar shed light on how state attorneys general approach unfair and deceptive practices, offering a preview of tactics and remedies that could surface in other jurisdictions. For legal, compliance, and marketing teams, these insights are critical for anticipating enforcement risks, adapting compliance programs, and avoiding costly disputes with regulators. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier

    Massachusetts Provides Clarifications on Upcoming "Junk Fee' and Negative Option Regulations

    Play Episode Listen Later Aug 21, 2025 6:10


    Regulators in Massachusetts have offered new guidance on the state's upcoming rules targeting junk fees and negative option programs, bringing important clarity for businesses preparing to comply. These updates address lingering questions around disclosures, consent, and cancellation requirements, and they will have a direct impact on how companies structure consumer offers. For legal, compliance, and marketing teams, understanding these clarifications now is critical to mitigating risk and avoiding costly enforcement down the road. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Beth Bolen Chun.

    Virginia Is For Health-Privacy Lovers? Broad Reproductive Health Data Amendment May Add Unintended Compliance Obligations

    Play Episode Listen Later Aug 19, 2025 8:11


    A new amendment in Virginia expands protections around reproductive health data, but its broad scope may trigger compliance challenges that businesses didn't anticipate. This episode unpacks what the amendment covers, how it intersects with existing privacy frameworks, and why legal, compliance, and marketing teams need to asses their data practices now to avoid costly missteps. Hosted by Simone Roach. Based on a blog post by Alysa Hutnik, Gregory Pruden, and Meaghan Donahue.

    California AG focuses on contracts, opt-outs, and consumer disclosures in Healthline settlement

    Play Episode Listen Later Aug 12, 2025 10:10


    Aaron J. Burstein, Meaghan M. Donahue On July 1, 2025, California Attorney General Rob Bonta announced a $1.55 million proposed settlement order with Healthline Media – the largest California Consumer Privacy Act (CCPA) settlement to date. The proposed settlement resolves allegations that Healthline violated the CCPA by 1) failing to honor consumer requests to opt-out of the sale and sharing of personal information, 2) violating the CCPA's purpose limitation principle, and 3) failing to include required data protection provisions in contracts with service providers and third parties.

    MAHA Movement Continues to Invite the Significant Change for Food Regulation at Federal and State Levels

    Play Episode Listen Later Aug 11, 2025 8:28


    Donnelly L. McDowell, Katie Rogers, Andrea deLorimier Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has launched a number of initiatives that target certain types of food products and ingredients. The changes invited by the so-called ​“MAHA” or ​“Make America Healthy Again” movement have not been limited to the federal level – with certain states passing or proposing legislation banning or limiting the use of certain foods and ingredients, or requiring warning labels akin to California's Proposition 65.

    Private Right of Action Exposure Increase- Texas Expands Damages for Telemarketing Violations Effective September 1, 2025

    Play Episode Listen Later Aug 8, 2025 4:43


    Alysa Z. Hutnik, Gregory C. Pruden, Jennifer Rodden Wainwright A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state's telemarketing laws.

    FTC Warns Manufacturers and Retailers About Made in USA Claims

    Play Episode Listen Later Aug 7, 2025 3:04


    Gonzalo E. Mon As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn't printed greeting cards to commemorate the month, the FTC celebrated by sending warning letters, instead.

    NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

    Play Episode Listen Later Aug 6, 2025 2:37


    Gonzalo E. Mon P&G filed an NAD challenge against Dr. Squatch over posts that the company's influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a commission on purchases of Dr. Squatch products that are made through their affiliate links. The challenged posts included a disclosure that stated: ​“creator earns commission.”

    NAD Releases Influencer Trust Index

    Play Episode Listen Later Aug 5, 2025 2:43


    Gonzalo E. Mon This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing industry to a $24 billion domestic valuation. Despite this growth, a survey commissioned by NAD suggests that the industry faces serious challenges.

    FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Reviews, and Weight Claims

    Play Episode Listen Later Aug 1, 2025 8:14


    FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Reviews, and Weight Claims by Kelley Drye Advertising Law

    Eighth Circuit Vacates FTC's Negative Option Rule

    Play Episode Listen Later Jul 31, 2025 5:22


    FTC Negative Option Rule Vacated by Eighth Circuit Just days before the FTC's new Negative Option Rule was set to take effect, the Eighth Circuit vacated it entirely. What does that mean for federal enforcement, and how should businesses approach autorenewal compliance now? In this Ad Law Access podcast episode, host Simone Roach walks through the key takeaways from the ruling and the broader landscape ahead from the blog post from Beth Chun and Aaron Burstein. #KelleyDrye #AdLawAccess #NegativeOption #AutoRenewal #FTC

    Fragmentation of Privacy Requirements Accelerates as Four States Amend Nascent Laws

    Play Episode Listen Later Jul 30, 2025 13:52


    Four states. Four amended privacy laws. One message: compliance is not one-size-fits-all. In this episode of the Ad Law Access podcast, Sinone Roach brings us Alysa Hutnik, Alexander Schneider, and Meaghan M. Donahue's unpacking of the growing complexity of state privacy frameworks, including: • Connecticut's redefinition of profiling and sensitive data • Montana's tightened thresholds and GLBA carve-outs • Expanded protections for children's data • Key disclosure, opt-out, and notice obligations across states If your business has 300+ employees nationwide, this is one to catch.

    Connecticut AG Announces First Settlement Under the Connecticut Data Privacy Act

    Play Episode Listen Later Jul 22, 2025 3:05


    Aaron J. Burstein, Andrea deLorimier On July 8, Connecticut Attorney General William Tong announced a settlement with TicketNetwork, Inc. for alleged violations of the Connecticut Data Privacy Act (CTDPA). The settlement is the first publicly announced enforcement action under the state's comprehensive privacy statute, which went into effect on July 1, 2023.

    2025 AGA Annual Meeting Wrap-Up- Day 3

    Play Episode Listen Later Jul 19, 2025 4:24


    The final day of the Attorney General Alliance Annual Meeting covered some of the most urgent and complex issues facing law enforcement and AGs today: • Proactive public-private collaboration • Technology-facilitated harms (and how AGs are responding) • Earned wage access and the evolving regulatory landscape Your host Simone Roach brings us the break down from Paul Singer, Abigail Stempson, Beth Chun, and Andrea deLorimier. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/2025-aga-annual-meeting-wrap-up-day-3

    NAD Considers "Up To" Qualifiers in Superiority Claims

    Play Episode Listen Later Jul 8, 2025 3:20


    Gonzalo E. Mon Coterie Baby advertises that its diapers provide ​“up to 4x more absorbency” and ​“up to 3x drier skin” compared to ​“leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this claim (among others) before NAD. One of the key questions in the case is what evidence is necessary to support an ​“up to” superiority claim involving multiple competitors.

    2025 AGA Annual Meeting Wrap-Up- Day 2

    Play Episode Listen Later Jul 7, 2025 3:57


    Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier

    Connecticut Requires Prices to Include Most Fees

    Play Episode Listen Later Jul 4, 2025 3:13


    Gonzalo E. Mon, Beth Bolen Chun In our most recent ​“Junk Fee” Legislative Roundup, we noted that the Connecticut legislature had introduced a bill that could require companies to include mandatory fees in their prices. On June 10, 2025, Connecticut's Governor signed that bill into law.

    2025 AGA Annual Meeting Wrap-Up- Day 1

    Play Episode Listen Later Jul 2, 2025 5:53


    Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier The Attorney General Alliance (AGA) hosted its 2025 Annual Meeting last week, bringing together state attorneys general and their staff, legal practitioners, and industry participants to discuss various topics important to AGs. In the first post of this three-part series, we explore the first day of panels, which included discourse on counterfeit prescriptions and fentanyl, innovative tools to disrupt human trafficking, unregulated synthetically derived substances, and gift card fraud. The Annual Meeting is the premier event hosted by the AGA each year, with almost 600 participants engaging in dialogue around the most critical legal issues facing the states and identifying opportunities for public/private partnerships to address those issues.

    Privacy Perspectives: Preparing for Privacy Enforcement Inquiries

    Play Episode Listen Later Jun 30, 2025 17:18


    In this first episode of Privacy Perspectives, a new Ad Law Access podcast mini-series, Alex Schneider talks with Celine Guillou about how businesses can put their best foot forward when engaging with enforcement agencies and regulators in privacy and security investigations. Celine recently joined Kelley Drye as Special Counsel after serving in the Enforcement Division of the California Privacy Protection Agency (CPPA). She shares insights from her time at the CPPA, including common areas of regulatory focus and practical guidance for responding to enforcement requests. Alex and Celine also discuss the broader landscape of state privacy laws, emerging enforcement trends, and steps companies can take to strengthen compliance programs before an investigation ever starts. ABOUT THE SPEAKERS Celine Guillou Special Counsel, Advertising and Privacy Group Former Enforcement Attorney, California Privacy Protection Agency cguillou@kelleydrye.com (213) 547-4946 www.kelleydrye.com/people/celine-m-guillou Alex Schneider Special Counsel, Advertising and Privacy Group aschneider@kelleydrye.com (202) 342-8634 www.kelleydrye.com/people/alexander-i-schneider RESOURCES Subscribe to the Ad Law Access blog: www.kelleydrye.com/subscribe Subscribe to the Ad Law News newsletter: www.kelleydrye.com/subscribe Visit the Advertising and Privacy Law Resource Center: www.kelleydrye.com/advertising-and-privacy-law Find all of our links here: linktr.ee/KelleyDryeAdLaw

    NAD Reviews Green Claims in Battle Between Bottled and Boxed Water

    Play Episode Listen Later Jun 26, 2025 3:55


    Gonzalo E. Mon, Katie Rogers The International Bottled Water Association (or ​“IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or ​“BWIB”), suggesting that boxed water is better for the environment. Previously, we looked at what NAD had to say about whether advertisers can substantiate green claims using a mass balance accounting approach. Today, we'll look at three other types of claims in the case.

    Can Companies Use "Mass Balance Accounting" to Substantiate Green Claims?

    Play Episode Listen Later Jun 25, 2025 5:35


    Gonzalo E. Mon The International Bottled Water Association (or ​“IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or ​“BWIB”), suggesting that boxed water is better for the environment. NAD's decision covers a lot of ground and is worth reading for anyone who makes green claims, but in this post, we'll just focus on one issue NAD hasn't addressed in detail before – mass balance accounting.

    NY Quietly Amends Automatic Renewal Law

    Play Episode Listen Later Jun 23, 2025 4:11


    Gonzalo E. Mon, Beth Bolen Chun On May 9, 2025, New York Governor Kathy Hochul signed a large budget bill with ​“major components of legislation necessary to implement the state transportation, economic development, and environmental conservation budget for the 2025-2026 state fiscal year.” Buried in Part W of the 99-page bill are various provisions that will also impact how companies can offer automatic renewal programs in New York, starting this November. Some of these changes appear to echo Negative Option Rule and California Automatic Renewal Law amendments, while others are more prescriptive.

    House Subcommittee Considers Modernizing Financial Services Under a National Privacy Framework

    Play Episode Listen Later Jun 20, 2025 8:13


    Laura Riposo VanDruff, Andrea deLorimier On Thursday, the U.S. House Committee on Financial Services Subcommittee on Financial Institutions held a hearing entitled, ​“Framework for the Future: Reviewing Data Privacy in Today's Financial System.” Hearing testimony explored whether there is need for a federal privacy statute and how the financial services industry, which is already regulated by the Gramm-Leach-Bliley Act (“GLBA”) and other sector-specific statutes, would fit into such a standard.

    Multistate Coalition Files Amicus Brief in Support of Anti-Doxing Law

    Play Episode Listen Later Jun 18, 2025 4:27


    Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel's Law, a New Jersey statute enacted to protect public servants from ​“doxing” — i.e., maliciously posting someone else's personal information online to incite harassment or violence.

    Two New Lawsuits Target Influencer Campaigns

    Play Episode Listen Later Jun 13, 2025 2:17


    Gonzalo E. Mon Over the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms have filled in the blanks to file at least two more lawsuits, these against Alo Yoga and Beach Bunny Swimwear.

    Bipartisan Coalition of State AGs Oppose Federal Effort to Block State AI Laws

    Play Episode Listen Later Jun 12, 2025 4:52


    Ioana Gorecki, Beth Bolen Chun, Paul L. Singer If you've been keeping tabs on the AI legal landscape lately, one thing is clear: states aren't waiting. Over the past year, lawmakers across the country have introduced—and in some cases passed—a flurry of bills aimed at regulating the use of AI systems, particularly in the areas of consumer protection, data privacy, and transparency. From algorithmic bias bans to generative AI labeling and ADMT restrictions, a patchwork of new AI rules is quickly taking shape.

    Missouri Attorney General Introduces New Rule Requiring Social Media Companies to Offer Competitor Content Moderators

    Play Episode Listen Later Jun 11, 2025 8:41


    Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Zach Cihlar Utilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the ​“MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social media companies from requiring their users to rely on the company's in-house content moderation algorithm. Instead, social media companies must offer ​“algorithmic choice” to users. In a press release, the Missouri AG called the rule the first of its kind in the nation.

    NAD Finds Advertiser Responsible for Influencer Post it Didn't Request

    Play Episode Listen Later Jun 9, 2025 3:49


    Gonzalo E. Mon A beauty influencer posted a video on TikTok that purported to show how Huda Beauty's Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty's competing spray. Huda reposted the video on its Instagram account. Although the influencer doesn't have a formal relationship with Huda and wasn't required to post the video, she does periodically receive free products from the company.

    NAD Holds Puffery Analysis on Material Connection Disclosure

    Play Episode Listen Later Jun 6, 2025 3:29


    Gonzalo E. Mon Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: ​“It's a better mouthwash. I guarantee it.”

    holds disclosure katz dwight material connection
    California Privacy Agency Continues Enforcement Spree with Todd Snyder Settlement

    Play Episode Listen Later May 29, 2025 6:51


    Aaron J. Burstein, Alexander I. Schneider On May 6, the California Privacy Protection Agency (CPPA) announced a settlement with Todd Snyder, Inc. over allegations that the men's retail brand violated CCPA rules on submission and fulfillment of privacy rights requests. Todd Snyder agreed to pay $345,178 and to modify its CCPA compliance program to resolve the case.

    Multistate Coalition Urges CFPB to Prioritize and Distribute Consumer Refunds

    Play Episode Listen Later May 28, 2025 4:00


    Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier Last week, Washington Attorney General Nick Brown, a bipartisan coalition of attorneys general from ten other states, and the California Department of Financial Protection and Innovation wrote the Consumer Protection Financial Bureau's Acting Director, Russell Vought, pressing the CFPB to issue ​“long-delayed restitution” to consumers allegedly harmed by a business offering online training for tech positions.

    State Attorneys General Share Consumer Protection Viewpoints in Chicago

    Play Episode Listen Later May 27, 2025 7:57


    Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier Twice a year, state attorneys general consumer protection staff gather to discuss consumer protection issues. Our state attorney general team was at the public sessions, attending and presenting on issues important to AGs. We first heard from NAAG's Todd Leatherman, Director, Center for Consumer Protection, and Brian Kane, Executive Director, as they explained the changes to the format this year resulting from interest from the public. These conferences are now accepting input from the public on panel topics, and NAAG extended the public's attendance from half a day to a full day. As Kane put it, part of the benefits of these conferences is ​“between the panels” allowing people from AG offices and the public to have conversations in person.

    How Long Do You Have to Comply with an NAD Decision?

    Play Episode Listen Later May 23, 2025 3:30


    Gonzalo E. Mon If you lose a case before NAD and NAD recommends that you stop making certain claims, how long do you have to stop making them? Although there's no clear answer, a recent decision provides some guidance on what NAD expects.

    FTC Extends Compliance Deadline for Negative Option or "Click to Cancel" Rule, but Indicates Intent to Enforce as Written in July

    Play Episode Listen Later May 22, 2025 4:03


    Donnelly L. McDowell, Aaron J. Burstein, Beth Bolen Chun Late Friday, the FTC announced that the Commission had voted 3-0 to extend the compliance deadline for the to-be-effective provisions of the Negative Option Rule, formerly known as the ​“Click to Cancel Rule.” While the Ferguson-led FTC appears to no longer embrace the Khan era branding of ​“click to cancel,” more importantly, it appears that all of the provisions of the Rule will take effect as written in July, barring court action in pending litigation.

    California Senate Public Safety Committee Advances Pro-Business Amendment to CIPA

    Play Episode Listen Later May 21, 2025 5:43


    Alysa Z. Hutnik, Alexander I. Schneider, Meaghan M. Donahue On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy Act (CIPA). Three years after extensive wiretapping litigation first emerged targeting the use of website pixels or similar technologies, the amendment could mark the end of the road for a large swath of wiretap litigation in the state and potentially nationwide.

    NAD Decision Focuses on Influencer, in Addition to the Brand

    Play Episode Listen Later May 20, 2025 2:17


    Gonzalo E. Mon Earlier this month, we posted about a decision in which NAD determined that influencer Brittany Mahomes had not adequately disclosed her relationship to Skims Body – a fashion brand that specializes in underwear and loungewear – in various Instagram posts. This week, NAD announced another decision related to the same campaign. This second inquiry was directed towards 1Up Sports Marketing, who represents Mahomes.

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