Ad Law News and Views - June 2026

We’re proud to celebrate the continued recognition of Kelley Drye’s Ad Law team across the industry’s leading legal rankings. These honors reflect the depth of our team, the strength of our client work, and our commitment to helping businesses navigate an increasingly complex regulatory and enforcement landscape. In recent weeks, the team earned top-tier rankings in:

Chambers USA: Ranked in Advertising: NAD Proceedings and Transactional & Regulatory; Privacy & Data Security: The Elite; and State Attorneys General, marking the firm’s first ranking in that category. In addition, 10 Ad Law attorneys received individual rankings.

Legal 500: Ranked in Advertising: Transactional and Regulatory; Advertising & Marketing: Litigation; and Cyber Law (Including Data Privacy & Data Protection). Eight Ad Law attorneys were also individually recognized.

Super Lawyers DC: Three Ad Law attorneys were recognized in the Privacy and Media/Advertising categories.

RECENT WEBINAR RECORDINGS

Surveillance Pricing and Beyond: Navigating Today’s Pricing Landscape

• Pricing 101: Key Considerations Across Privacy and Consumer Protection
  • Watch the full recording and view the slide deck.
• A Deep Dive into Surveillance Pricing
  • Watch the full recording and view the slide deck.

Maine Attorney General’s Office: Consumer Protection, Citizen Initiatives, and Private Equity in the Consumer Economy

• Watch the full recording and view the slide deck.

IN THE NEWS

Retailer Risk Reduction Tips As Email Marketing Suits Surge

Partner Gonzalo Mon authored ​“Retailer Risk Reduction Tips As Email Marketing Suits Surge” for Law360. The article discusses the uptick in email marketing lawsuits following the Washington Supreme Court’s decision in Brown v. Old Navy LLC alleging that retailers sent emails that violated Washington’s Commercial Electronic Mail Act (CEMA). Gonzalo discusses Brown v. Old Navy LLC, trends among the new lawsuits, and tips for companies to reduce risk with their email marketing campaigns. 

Petition Could Change FTC Consent Order Policy

Partner John Villafranco was quoted in MLex​’s article, ​“X Petition Could Drive Changes to 20-year US FTC Consent Orders.” The article covers X’s petition which asks the US Federal Trade Commission to terminate its 2022 privacy consent order. The article quotes John’s white paper, ​“The FTC’s 20-Year-Consent-Order Policy Is Burdensome and Unfair,” which argues that the FTC should adopt a new position that consent orders should last five to ten years. 

Patchwork of State Privacy Laws Grow with Connecticut and Colorado Legislation

Partner Laura Riposo VanDruff was quoted in S&P Global​’s article ​“Connecticut AI law casts wider net, but Colorado’s may hit harder – experts.” The article discusses Colorado and Connecticut’s recent artificial intelligence legislation, which take different approaches to regulating the technology and create competing models for states. Laura spoke about the growing patchwork of privacy laws, arguing that companies should evaluate AI compliance obligations alongside existing consumer-protection requirements. 

Colorado Governor Vetoes Surveillance Pricing Ban

Partner and State Attorneys General practice chair Paul Singer was quoted by Gizmodo in their article, ​“Colorado Governor Vetoes Surveillance Pricing Ban as Public Backlash Against the Tech Grows.” Gizmodo interviewed Paul about Colorado Governor Jared Polis’s recent veto of a bill aiming to prohibit surveillance pricing, or charging individuals customized prices based on personal data. Paul argues that ​“legislatures are trying to balance the desire for innovation with protection against the abuse of technology.” 

Vendor Contracts Increasingly Focused on AI

Special Counsel Alex Schneider was quoted by Law​.com in their article, ​“For Lawyers, AI May Increase Work Negotiating Contracts.” The article discusses the complications that arise in contract negotiations when dealing with technology and security implications from using artificial intelligence. Alex spoke about concerns that many client businesses have when negotiating contracts, including how to prevent vendors from using proprietary data to train their artificial intelligence tools. 

LATEST UPDATES

Our Ad Law Access blog is at the forefront of the legal and regulatory issues driving business risk and opportunity, providing timely analysis of the developments that matter most to businesses. Explore recent posts below and subscribe to receive these and other timely updates.

Pricing, Fees & Consumer Protection 

• 2026 NAAG Spring Consumer Protection Conference: Pricing, Meet and Confers, & Age Verification
• Pricing 101: The Top 10 Issues Companies Should Be Watching Now
• State AGs Deliver Input on FTC’s Food Delivery Fee ANPRM
• FTC Files Lawsuit to Stop Subscription Schemes

AI, Privacy & Emerging Technology

• NAD Continues to Scrutinize AI Claims
• FTC Says ​“Listening” Service Was All Talk
• NY ​“Synthetic Performer” Law Goes into Effect

Advertising Claims, Influencers & Enforcement

• All Bets are Off as Polymarket Faces Lawsuit Over Influencer Campaigns
• NAD Investigates Kalshi’s Influencer Practices
• Class Action Alleges Fitness Influencers Were Weak on Disclosures
• Rethinking FTC Order Duration: Kelley Drye Comment on X Corp.‘s Petition
• Court Considers Whether Growth Claims Were Tall Tales

AG CHRONICLES

Be sure to check out AG Chronicles: a monthly newsletter breaking down State Attorneys General consumer protection issues and highlighting news from the states. You may subscribe here.