Ad Law News and Views - June 8, 2022
UPCOMING CLE EVENTS
Today, Wednesday, June 8
State Attorneys General 101
Please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Senior Associate Beth Chun and Abby Stempson, Director of the Center for Consumer Protection, National Association of Attorneys General (NAAG) for State Attorneys General 101. This webinar will cover the basics of State AG consumer protection powers, what to expect if you find yourself a target of attorneys general investigation, how to look to state attorneys general to stop improper actions of competitors, and more. RSVP HERE
IAB Public Policy & Legal Summit 2022
Kelley Drye is a premier sponsor of the IAB Public Policy & Legal Summit 2022, which brings together global leaders in advertising, media, technology, and the government to discuss how organizations can lean into the coming transitions and find solutions that will enable them to build a sustainable and consumer-centric media and marketing ecosystem. Privacy practice Chair Alysa Hutnik will speak at this free virtual summit today. RSVP HERE
June 14, 2022
Worldwide: A Readout of the California Privacy Protection Agency’s Draft Proposed CPRA Regulations
The spotlights of the consumer privacy world are once again on California after the new California Privacy Protection Agency made a surprise Friday night release of its draft California Privacy Rights Act (CPRA) regulations on May 27, 2002.
In this webinar, Kelley Drye privacy lawyers will provide observations on the proposed regulations, including which would pose the biggest challenge for businesses if implemented, and will offer strategies to plan efficiently for compliance in the face of these proposals. RSVP HERE
June 23, 2022
IN FASHION: Fashion and Retail Law Summit
Kelley Drye will host the eighth annual IN FASHION: Fashion and Retail Law Summit for executives and in-house counsel later this month. Kelley Drye lawyers and thought leaders from some of the world’s top fashion and retail companies will convene for a full day of presentations on hot button issues that impact the business. The event will address the latest trends, anticipated developments, and challenges in the fashion and retail industries. Claire Spofford, Chief Executive Officer and President of women’s apparel brand J. Jill. will be the featured keynote speaker.
This complimentary event is by invitation only. If you or a colleague are interested in receiving an invitation, please contact infashion@kelleydrye.com.
July 20, 2022
How To: Protect Employee/HR Data and Comply with Data Privacy Laws
As workforces become increasingly mobile and remote work is more the norm, employers face the challenge of balancing the protection of their employees’ personal data and privacy against the need to collect and process personal data to recruit, support and monitor their workforces. Mounting regulations attempt to curb employers’ ability to gather and utilize employee data—from its historical use in processing employee benefits and leave requests to employers’ collection, use or retention of employees’ biometric data to ensure the security of the organization’s financial or other sensitive information systems. Learn what employers can do now to protect employee data and prepare for the growing wave of data privacy laws impacting the collection and use of employee personal data.
This webinar will cover:
- Existing and prospective laws and regulations employers should be aware of when managing their workforce
- Key principles to adhere to when collecting and handling employee personal data
- Best practices for protecting employee personal data during the employment life cycle
ANNOUNCING THE AD LAW ACCESS APP
Download the new Ad Law Access App – a first-of-its kind, one-stop portal that provides updates and analysis on advertising, marketing, and privacy/data security law. The App is now available as a free download in the Apple App Store and Google Play, and can be used on iPhone, iPad, and Android devices.
The launch builds on the top-rated Ad Law Access blog and follows the recent debut of the Ad Law Access Daily Podcast, featuring Simone Roach, which the firm unveiled earlier this year.
Find all of our links here.
IN THE NEWS AND LATEST UPDATES
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New Bipartisan Federal Privacy Bill – Breakthrough, Too Late, or Both?
On Friday June 3, a bipartisan group of leaders from key House and Senate committees released a new “discussion draft” bill to establish nationwide standards for consumer privacy. The proposal (the American Data Privacy and Protection Act) builds on prior bills put forth by both Democrats and Republicans, as well as principles and provisions contained in the GDPR and State privacy laws. Of significance, the bill reflects bipartisan compromise on two thorny issues that have divided the parties for years – whether to preempt state privacy laws and/or include a private right of action. While the bill has been hailed as a “breakthrough,” the prospects for passage are uncertain, particularly in this busy election year.
FTC Seeks Comments on Updates to Disclosure Guidelines
When a disclosure is necessary to prevent an ad from being misleading, the disclosure must be presented in a “clear and conspicuous” manner. Exactly what that means depends a lot on the context, but in order to give the advertisers a framework of what to consider, the FTC published its .com Disclosure Guidelines. Last updated in 2013, the Guidelines encourage advertisers to consider things like where disclosures are placed, how prominent they are, and whether consumers are likely to see them.
TCPA FCC Petitions Tracker
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation regarding alleged violations of the TCPA, many issues relating to the interpretation of the statute have been presented to the FCC by impacted parties. These petitions can be primary jurisdiction referrals or be presented directly by a litigant in a TCPA action. The FCC currently has a number of petitions pending related to TCPA interpretation. The tracker below briefly summarizes each petition and the issues presented in them.
Upcoming Events and Other Ways to Stay Informed
We like to occasionally use this space to let you know about upcoming events that you may not have heard about.
What the FTC’s Proposed Changes to its Endorsement Guides Suggest about Influencer Marketing
Last month, my colleagues posted about the FTC’s proposed changes to the Endorsement Guides. This post takes a closer look at how those proposed changes could impact influencer campaigns by answering five questions that we frequently get from marketers.
Insights into Texas’ Content Moderation Law
On May 31, the US Supreme Court reinstated an injunction first implemented in December 2021 regarding HB 20, the Texas law prohibiting social media companies from certain content moderation based on viewpoints. Its decision comes just over a week after the 11th Circuit upheld an injunction barring enforcement of Florida’s law that banned social media platforms from removing political candidates.
FTC Proposes Changes to Endorsement Guides with Expanded Liability and More Onerous Disclosure Requirements
In addition to announcing a new COPPA policy statement and related “crackdown” on children’s privacy issues (discussed here) in its most recent open meeting, the FTC also proposed changes to the FTC’s Endorsement Guides. The changes would build on and expand previous guidance, including by expressly extending liability to endorsers, intermediaries, and platforms (in addition to advertisers), providing more guidance on how to incentivize and compile consumer reviews, and offering new examples that reflect a less flexible approach to disclosures for consumer endorsements.
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WEBINAR REPLAYS
In 2022, we have been holding at least one webinar a month. Below are links to replays of our most recent webinars. Find older webinar replays and more in the Advertising and Privacy Law Resource Center.