Ad Law News and Views - December 19, 2020



FTC Closing Letter Addresses Management of Consumer Reviews

FTC Announces Operation Income Illusion” to Crack Down on Deceptive Income Claims

Amici Line Up Behind the FTC: Warn of Doom if the Supreme Court Rules Against the Commission in AMG Capital Management

CCPA Update: California AG Proposes Fourth Set of Changes to CCPA Regulations

Supreme Court Hears Oral Argument Over the TCPA’s Definition of an Autodialer

The FTC Reargues its 13(b) Case, While Congress Appears Set to Enhance the SEC’s Ability to Seek Disgorgement, Suggesting A Legislative Push on 13(b) Next Session

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Find these and other Kelley Drye Podcasts on our Insights Page or wherever you get your podcasts.



Here are the most read Ad Law Access posts from all 144 months of 2020:

States Place New Restrictions on Collection Efforts and Outbound Calls Amidst COVID-19 Pandemic

Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit

Be Careful About Changing Refund Policies Under COVID-19

The Pink Tax: Discrimination or Actual Differentiation?

The California Consumer Privacy Act and new California Privacy Rights Act combine to be the most read topics in 2020. The most read among our many posts were:

It’s Here: California Voters Approve the CPRA           

CCPA 2.0 Gets Closer to Reality: CPRA Eligible for November 2020 Ballot; How Does it Compare to CCPA

CCPA Update: Final Regulations Submitted but No Changes from Prior Draft

CCPA Update: Attorney General Releases Third Draft of Proposed CCPA Regulations

No Delay? What To Expect on CCPA Enforcement Timing

CCPA Litigation Round-Up

CCPA Update: Attorney General Proposes Modified Draft Regulations


In 2020, we held more than 10 webinars. You can find recordings of all of them on the Advertising and Privacy Law Resource Center. Here are the most attended:


Our most listened to podcast was neither COVID-19 nor California related:

Sweepstakes and Contests 101

Automatic Renewal Plans

Texting 101 - The Hot Button Issues to Consider When Running a Texting Campaign

But CCPA/CPRA were also  quite popular:

Demystifying the California Privacy Rights Act (CPRA)

CCPA Update: Attorney General Proposes Modified Draft Regulations

CCPA from the Trenches with Matt Dumiak of CompliancePoint

Our sister podcast, Kelley Drye’s Legal Download, was a hit with folks looking for pandemic related information:

COVID-19: Back to Work

COVID-19: What Employers Need to Know Now

The Regulatory Landscape for Cleaning Products Claiming to Kill Coronavirus (COVID-19)

Leasing In The Age of COVID-19

Bankruptcy During the COVID-19 Pandemic


We moved delivery of this newsletter from mid-week to Saturday to make sure to capture everything that happened each week and as an excuse to run features like the back to school issue and 8 Things.

TCPA Tracker

Although no one here wants to admit it, our sister Newsletter, the TCPA Tracker is much more popular than we are. We like to think we are better looking. Find the latest issue, back issues, and subscribe here.

Real Estate Industry Alerts Tracker

The Kelley Drye Real Estate practice group added a useful summary of some of the more significant legal and regulatory developments together with intelligence on emerging market and practice trends as real estate industry professionals begin to develop responses to the fallout from the wide spread economic disruption. If you want to subscribe to Kelley Drye’s Real Estate Industry Alerts email marketing@​kelleydrye.​com.

Find these and other stories on the Ad Law Access blog and podcast. Also see the Advertising and Privacy Law Resource Center, available via KelleyDrye​.com, our online repository of our thought leadership and resources on subjects that affect our clients day-to-day. Follow us on LinkedInTwitter, and Facebook.


CPRA Operational Impacts Panel

December 15, 2020”,“Webinar
OneTrust’s Privacy Connect: CCPAConnect
Alysa Hutnik

Food for Thought: Functional Foods”, Dietary Supplements, and Personalized Nutrition

January 13, 2020”,“Webinar
Food and Drug Law Institute