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


    • Nov 20, 2025 LATEST EPISODE
    • weekdays NEW EPISODES
    • 7m AVG DURATION
    • 634 EPISODES


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    Latest episodes from Ad Law Access Podcast

    Pennsylvania Settles with Mail Order Subscription Business - Again

    Play Episode Listen Later Nov 20, 2025 6:23


    Pennsylvania Attorney General Dave Sunday announced a $750,000 settlement with American Mint LLC over its negative option subscription practices — marking the company's second major enforcement action following a 2005 Assurance of Voluntary Compliance. The case underscores how state AGs continue to use UDAP authority to address deceptive subscription practices, even without specific auto-renewal laws on the books. For legal, compliance, and marketing teams, this settlement highlights the importance of clear, conspicuous disclosures, express consent, and accessible cancellation methods — and serves as a reminder that legacy agreements and practices remain enforceable decades later. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

    State AGs and "Junk" Fees- NAAG Consumer Protection Conference Fall 2025

    Play Episode Listen Later Nov 19, 2025 9:06


    In Part One of our two-part series on the NAAG Fall Consumer Protection Conference, we cover key takeaways from the Attorneys General panel and a discussion on price transparency featuring Kelley Drye's Beth Chun. Hear insights from state AGs on enforcement priorities, compliance expectations, and the growing focus on transparent pricing laws nationwide. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

    Privacy, Ultra-Processed Foods, E-Cigarettes, and More- NAAG Consumer Protection Conference Fall 2025 (Part 2)

    Play Episode Listen Later Nov 18, 2025 10:25


    In the second part of our coverage of the NAAG Fall Consumer Protection Conference, we recap discussions on deceptive practices—from privacy and ultra-processed foods to e-cigarettes—as well as federal student loans and debt collection trends. Panelists shared state enforcement updates, litigation developments, and practical insights for businesses and policymakers navigating these evolving areas. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, andAndrea deLorimier.

    What We Learned from . . . Massachusetts- "Junk Fee" Regulation Update

    Play Episode Listen Later Nov 17, 2025 7:21


    Massachusetts' new junk fee and auto-renewal regulations are now in effect, reshaping how businesses disclose pricing and subscription terms. In this episode, we recap insights from Yael Shavit, Chief of the Consumer Protection Division at the Massachusetts AG's Office, who joined Kelley Drye to discuss key compliance takeaways, enforcement priorities, and what businesses should know about these first-of-their-kind rules. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Salim Rashid.

    CARU Releases a Risk Matrix for Using Generative AI with Kids

    Play Episode Listen Later Nov 14, 2025 4:45


    As brands explore AI-driven marketing, the Children's Advertising Review Unit (CARU) has released a new framework outlining the key risks companies face when using AI to engage children—from misleading content and data privacy to mental health and transparency concerns. In this episode, we cover CARU's eight risk categories and practical steps companies can take to align with responsible advertising standards and reduce enforcement exposure. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

    Uncertainty in the Charitable Sector- Insights from the NAAG NASCO Conference and Other AG Matters

    Play Episode Listen Later Nov 13, 2025 5:00


    Charitable organizations continue to face growing oversight and evolving legal risks. At this year's NAAG NASCO Charities Conference, regulators and nonprofit leaders discussed how funding shifts, political pressures, and new enforcement priorities are reshaping the sector. In this episode, we break down key takeaways—including compliance strategies and recent developments affecting nonprofits nationwide. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

    Three Compliance Curve Balls to Watch Under Maryland's Comprehensive Privacy Law (MODPA)

    Play Episode Listen Later Nov 12, 2025 5:09


    Maryland's Online Data Privacy Act is officially in effect, but businesses still have time to prepare before enforcement begins in 2026. The law introduces some of the toughest rules yet on sensitive data, minors' privacy, and algorithmic assessments—creating new compliance challenges even for companies already following other state laws. This episode breaks down the key takeaways and practical steps businesses can take to stay ahead. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Austin J. Del Priore.

    California Takes Action on Youth Online Safety- FAQs on the Digital Age Assurance Act

    Play Episode Listen Later Nov 11, 2025 10:48


    California has taken a new approach to protecting minors online. Governor Gavin Newsom just signed the Digital Age Assurance Act, shifting responsibility for age assurance to app developers while leaving verification to self-reported age data at the operating system level. The law—backed by Big Tech and set to take effect in 2027—moves away from the stricter parental consent models in Utah and Texas and creates a new compliance landscape for developers under CCPA and COPPA. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik, Laura Riposo VanDruff, Alexander I. Schneider, and Salim Rashid.

    Newsom Signs Trio of New Privacy Laws with Potentially Big Implications

    Play Episode Listen Later Nov 10, 2025 6:05


    California is once again leading the nation on privacy. Governor Gavin Newsom just signed three new laws that will reshape how businesses manage user data, account deletion, and browser-based opt-outs. Together, these laws—the Opt Me Out Act, expanded data broker disclosure requirements, and new social media deletion rules—signal where CCPA enforcement is headed next. Companies should start preparing now, as compliance deadlines are just around the corner. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Meaghan M. Donahue.

    NAD Revives "Review Hijacking" Concept Dropped from FTC Rulemaking

    Play Episode Listen Later Nov 7, 2025 5:03


    A recent NAD decision is bringing renewed attention to the FTC's shelved concept of “review hijacking” — using reviews from one product to promote another. NAD found that a supplement brand improperly combined reviews for two “substantially different” products, echoing the FTC's earlier language and signaling that review accuracy remains a live issue under existing advertising standards. The takeaway for advertisers: make sure product reviews truly match the item being sold. Hosted by Simone Roach. Based on a blog post by Ioana Gorecki and John E. Villafranco

    NAD Addresses "List" Prices and "Limited Time" Offers

    Play Episode Listen Later Nov 6, 2025 3:47


    Class action suits over inflated “list” and “strikethrough” prices are on the rise—but now competitors are getting involved too. In a recent NAD case, Etekcity challenged Renpho's use of inflated “list” prices on Amazon, arguing that they misled consumers about discounts. NAD agreed, reinforcing that list prices must reflect real, sustained sales—not outliers. The case highlights the compliance risks around pricing claims and shows how NAD can serve as a forum for competitive challenges. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

    AGs Fight to Keep Kids SAFE

    Play Episode Listen Later Nov 5, 2025 6:39


    Two state attorneys general are taking major steps to tighten online age verification and protect minors. Florida's AG filed lawsuits against adult content sites under the state's new Age Verification Law, while New York's AG proposed detailed rules to implement the SAFE for Kids Act—setting out standards for parental consent, age assurance, and privacy protections. Together, these actions show how states are pushing beyond federal requirements, signaling that companies must prepare for evolving and highly technical compliance expectations. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

    Trade Associations Urge Congress to Address Penny Shortage

    Play Episode Listen Later Nov 4, 2025 2:34


    With the U.S. Mint no longer producing pennies and supplies running out nationwide, retailers and restaurants are pushing Congress to approve the Common Cents Act—a bill that would round cash transactions to the nearest nickel. The proposal aims to keep commerce running smoothly as businesses struggle to make change, while raising key questions about fairness under programs like SNAP and state sales tax laws. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

    Court Approves $1.5 Million Settlement in Greenwashing Case

    Play Episode Listen Later Nov 3, 2025 4:26


    A California federal court has approved a $1.5 million settlement resolving claims that Rust-Oleum misled consumers with “non-toxic” and “Earth Friendly” labels on its Krud Kutter products. The case highlights the legal risk of broad environmental marketing claims—especially when qualifiers are buried in fine print. The court found that whether such claims mislead a reasonable consumer is a question for the jury, underscoring the importance of clear and well-supported environmental representations. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon and Katie Rogers

    Philadelphia Fires a Major Legal Salvo Against Two Companies Over "Recyclable" Claims

    Play Episode Listen Later Oct 31, 2025 5:52


    The City of Philadelphia has sued S.C. Johnson & Son and Bimbo Bakeries, alleging they misled consumers about the recyclability of plastic bags by using symbols like “chasing arrows” and How2Recycle labels. The City argues that these claims ignore the economic and technical realities of plastic film recycling—most of which can't be processed through curbside programs. The lawsuit highlights a growing enforcement trend against environmental marketing claims that rely on technical recyclability rather than practical, market-scale recycling. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon

    Multistate Coalition Sends CFPB Letters Opposing Proposals Shrinking Bureau Authority

    Play Episode Listen Later Oct 30, 2025 6:13


    Nineteen Democratic attorneys general, led by California AG Rob Bonta, are urging the CFPB not to reduce its supervision of key consumer finance sectors, including auto lending, debt collection, and money transfers. The AGs warn that raising the thresholds for “larger participant” oversight would leave millions of consumers unprotected and weaken the CFPB's enforcement reach. The letter signals states' continued commitment to fill potential gaps in federal oversight through coordinated enforcement. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Darby B. Hobbs

    Tractor Supply - Compliance Takeaways from the Most Recent CCPA Settlement

    Play Episode Listen Later Oct 29, 2025 8:28


    The California Privacy Protection Agency fined Tractor Supply $1.35 million for alleged violations of the CCPA, citing inadequate privacy notices, employee disclosures, opt-out mechanisms, and partner contracts. The settlement underscores California's growing enforcement focus on opt-out preference signals, contract compliance, and employee data rights. It also highlights how even consumer complaints can trigger wide-ranging investigations. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Meaghan M. Donahue

    Logan Paul's Company Picks a Fight with Lionel Messi

    Play Episode Listen Later Oct 28, 2025 3:38


    What happens when a celebrity sports drink rivalry spills from the gym to the courtroom? Prime Hydration, co-founded by Logan Paul and KSI, has sued soccer legend Lionel Messi's Más+ brand, alleging false advertising about Messi's role in founding and developing the drink. The case raises fresh questions about how much celebrity involvement actually matters to consumers. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

    Montana Announces Multistate Investigation of Big Tech Renewable Energy Claims

    Play Episode Listen Later Oct 27, 2025 5:19


    Sixteen Republican state attorneys general, led by Montana AG Austin Knudsen, have launched an investigation into four major tech companies over allegedly deceptive renewable energy claims. The AGs argue that using unbundled renewable energy certificates (RECs) to claim 100% renewable power may mislead consumers and distort the energy market. This episode breaks down how the probe reflects ongoing scrutiny of Big Tech, state-level divergence from the FTC's Green Guides, and broader political debates around fossil fuels, emissions, and the electric grid. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier

    Plaintiffs Claim Skechers Emails Create False Sense of Urgency

    Play Episode Listen Later Oct 26, 2025 2:43


    After the Washington Supreme Court ruled that misleading subject lines can violate the state's Commercial Electronic Mail Act (CEMA), Skechers now faces a similar class action. The lawsuit claims the company created a false sense of urgency by announcing that sales would end — only to later extend them. This episode explores how the case underscores growing risks around email marketing and why brands should review subject line practices to avoid costly CEMA violations. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

    FTC and AGs Rally for Fans in Ticketmaster and Live Nation Lawsuit Over Bots and Fees

    Play Episode Listen Later Oct 25, 2025 7:02


    The FTC and seven state attorneys general have sued Ticketmaster and Live Nation, alleging deceptive practices and violations of the BOTS Act. The complaint claims the companies secretly worked with ticket brokers, let them bypass security limits, and used “bait-and-switch” pricing tactics that misled consumers. This episode unpacks the case, what it says about the government's focus on junk fees and platform accountability, and the key lessons for businesses conducting pricing tests or managing third-party relationships. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, and Abigail Stempson

    Mark Your Calendars! Upcoming Compliance Dates in State Privacy Laws

    Play Episode Listen Later Oct 24, 2025 13:03


    Even without new comprehensive privacy laws passed in 2025, regulators have kept busy. California finalized major CCPA updates—introducing risk assessments, cybersecurity audits, and automated decision-making rules—while amendments and new state laws in Maryland, Indiana, Kentucky, and Rhode Island take effect soon. Colorado also extended the deadline for its AI Act. This episode breaks down what's changing, when key obligations begin, and why businesses need to start mapping their compliance timelines now. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein, Alexander I. Schneider, and Meaghan M. Donahue

    Company Accuses Competitor of Greenwashing in New Lawsuit

    Play Episode Listen Later Oct 23, 2025 4:03


    Greenwashing claims aren't just coming from consumers. Moldex-Metric has sued competitor Protective Industrial Products, alleging false environmental claims about its “bio-based” earplugs in violation of the Lanham Act and California UDAP laws. The case highlights how competitors can leverage the FTC's Green Guides and independent testing to challenge sustainability claims—and why brands must ensure all “eco-friendly” statements are verifiable. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Katie Rogers

    Reimagining Public Safety- A NAAG Eastern Region Meeting Recap

    Play Episode Listen Later Oct 22, 2025 3:48


    At the 2025 NAAG Eastern Region Meeting in Asbury Park, Attorneys General, legal experts, and policymakers gathered to reimagine public safety. From violence prevention and firearm safety to AI enforcement and environmental protection, the discussions reflected how AG offices are adapting to evolving legal and technological challenges. For companies and compliance teams, the meeting underscored key themes shaping enforcement priorities nationwide—especially around transparency, consumer protection, and responsible AI use. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier

    Former Missouri Attorney General Quietly Withdraws First of Its Kind Content Moderation Rule

    Play Episode Listen Later Oct 22, 2025 4:40


    Just before leaving office, former Missouri AG Andrew Bailey withdrew a proposed rule that would have barred social media companies from requiring users to rely solely on in-house content moderation. The rule drew strong opposition from industry and policy groups who warned of data security risks, First Amendment violations, and technical impracticalities. While the withdrawal pauses the effort for now, it leaves open the possibility that future AGs—or other states—could revisit similar proposals. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Zach Cihlar

    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

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