Avoiding Price Gouging Claims
Wednesday, August 3rd

Please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer and Senior Associate Beth Chun today for Avoiding Price Gouging Claims. This webinar will cover:
  • The basics of price gouging laws and related state emergency declarations and how to comply
  • The differences and varied complexities in state laws
  • General best practice tips
  • How AGs prioritize enforcement



Enjoy the first edition of the Ad Law News and Views Playlist from John Villafranco. John’s surf music playlist is perfect for summer. Find it here and watch this space for the next installment.  


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Man Sues Bass Pro Over Lifetime Guarantee on Socks

As heat waves spread across the country, many men are looking for opportunities to go without socks. (To those men, I might suggest a good pair of no-show socks but, like with other grooming tips, that’s beyond the scope of this post.) The point is that, despite the heat, one Missouri man wants more socks, even though they appear to be thick and rather warm. In fact, he filed a $5 million class action against Bass Pro Shops for failing to give him more of those socks under the company’s lifetime guarantee.

NAD Advises Better Disclosures for #1 Claim

Twilio advertises that its customer data platform is the “#1 CDP” and discloses that the claim is based on 2020 market share, as measured by the International Data Corporation. Adobe challenged the claim, arguing, in part, that the 2020 IDC Report doesn’t reflect the current landscape and, even if it did, that Twilio’s disclosures were insufficient. NAD’s analysis includes tips for anyone looking to make #1 claims.

Upcoming Price Gouging and Employee/HR Data Privacy Webinars

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.

CARU’s First Decision on Gender-Restrictive” Ads Also Addresses Jurisdictional Issues

In a February 2021 blog post, CARU encouraged advertisers to focus on diversity and inclusion in their ads. In August 2021, they went a step further when they announced that the new version of the CARU Guidelines would include a provision stating that ads should not portray or encourage negative social stereotyping, prejudice, or discrimination.” Last week, CARU released the first decision involving that new provision.