November 13, 2021

UPCOMING EVENTS

Basics of Advertising: A New Take on Substantiation, Disclosures & Social Media

Association of National Advertisers
November 15, 2021 | Webinar
Gonzalo Mon
Register

The Federal Privacy Forecast: Are Privacy Laws or Regulations Likely, and How Will They Treat Digital Advertising? 

IAB Public Policy and Legal Summit
November 16, 2021 | Webinar
Alysa Hutnik and Jesica Rich
Register

The FTC Warning Letter: What Direct Sellers Should Know

Social Selling News
November 18, 2021 | Webinar
John Villafranco
Register

Updates in Litigation Risks: Product Liability, Private Litigation, and Consumer Class Actions

Food and Drug Law Institute
December 10, 2021 | Webinar
Donnelly McDowell
Register
LATEST UPDATES

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The Section 13(b) Fix: Stand-Still on the Hill?

Following House passage of 13(b) legislation this summer, Congressional Democrats seem to have lost some of the urgency with which they were moving to strengthen the FTC’s penalty authorities in the wake of the Supreme Court’s AMG decision. This is partly due to their preoccupation with a months’-long effort to move President Biden’s “Build Back Better” agenda and partly due to the need for some degree of bipartisan consensus in the Senate.  With the caveat that Congress can – and often does – surprise us, the prospects for a 13(b) fix any time soon remain murky at best.
 

State Attorneys General Lay Out Consumer Protection Priorities for 2022

For the first time in two years, State Attorneys General and their key consumer protection staff have gathered in Washington D.C. to attend the National Association of Attorneys General Fall Consumer Protection conference.  For State AG staff in particular, this meeting, and its Spring counterpart, may be the most important and well attended event of the year with over 400 attendees total.  Priorities for the Attorneys General are often shaped at these meetings, and they present a unique opportunity for industry to get insight.
 

Paul Singer Joins Kelley Drye’s State AG Practice

We are thrilled to welcome Texas Associate Deputy Attorney General Paul Singer to the firm’s growing State Attorneys General practice group. On the heels of former top Federal Trade Commission (FTC) officials Jessica L. Rich and Laura Riposo VanDruff joining the firm, Paul’s addition further strengthens Kelley Drye’s ability to help clients prepare for the future of consumer protection law, and to advise clients facing State Attorneys General investigations, as well as investigations brought by the FTC, Consumer Financial Protection Bureau, and local and county District Attorneys’ offices.
 

NAD Updates Fast-Track SWIFT Process

Last month, we posted about the FTC’s warning letters to marketers reminding them that they need to ensure that influencer posts and incentivized reviews include appropriate disclosures. And, shortly after that, we posted about the FTC’s new policy statement warning marketers that they need to clearly disclose the terms of their subscription offers. Mindful of the FTC’s recent actions, this morning, NAD announced a new, streamlined lane of the expedited Fast-Track SWIFT challenge submission process, one designed specifically to address the prominence and sufficiency of disclosures in national ads. This is an update to the process that was launched in 2020.

How Lina Khan’s FTC Does Business – What We’ve Learned So Far

Lina Khan was appointed FTC Chair in June of this year, about five months ago as of this writing. Even before she arrived, she promised to bring bold new thinking to the agency and to change the way it does business. In previous blogposts, we highlighted Khan’s vision for the agency, her plans for privacy, and the FTC’s aggressive use of penalty offense warning letters, among many other topics. In this blogpost, we’re focusing on how Khan is changing the process and tone at the agency.

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