--- title: "Ad Law News and Views - June 5, 2021" date: 2021-06-05T00:00:00-04:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/newsletters/ad-law-news-and-views/ad-law-news-and-views-june-5-2021" section: Newsletter Issues --- # Ad Law News and Views - June 5, 2021 June 5, 2021 LATEST UPDATES Get these and other stories in real time when you subscribe to the Ad Law Access blog [here](%5C). #### [**Energy and Commerce Committee Democrats Advance 13(b) Reform Legislation through Subcommittee**](%5C) On May 27, the House Energy and Commerce Committee’s Subcommittee on Consumer Protection and Commerce [advanced](%5C) by voice vote [H.R. 2668](%5C), legislation to clarify the Federal Trade Commission’s authority under Section 13(b) of the Federal Trade Act, just five weeks after the Supreme Court gutted that authority in *AMG Capital Management, LLC v. FTC.* The subcommittee vote followed hours of political sparring, with Republicans accusing Democrats of pursuing a rushed, partisan process and Democrats accusing Republicans of ignoring the pleas of the FTC and refusing to engage on the issue. #### [**CPRA Update: What is a ​“Contractor?”**](%5C) The California Privacy Rights Act (CPRA), effective January 1, 2023, adds ​“contractors” to the list of entities that a business may entrust with customer data. So what is a ​“contractor?” And how are ​“contractors” different from other entities described by California privacy law, such as ​“service providers” or ​“third parties?” As it turns out, the answer is surprising. Contractors are nearly identical to service providers, with just two differences: contractors are not data processors; and contractors must make a contractual certification in CCPA contracts. Moreover, contractors are not even new entities, and were already described in existing California privacy law. #### [Food Industry Regulatory and Litigation Highlights – April and May 2021](%5C) The California Privacy Rights Act (CPRA), effective January 1, 2023, adds ​“contractors” to the list of entities that a business may entrust with customer data. So what is a ​“contractor?” And how are ​“contractors” different from other entities described by California privacy law, such as ​“service providers” or ​“third parties?” As it turns out, the answer is surprising. Contractors are nearly identical to service providers, with just two differences: contractors are not data processors; and contractors must make a contractual certification in CCPA contracts. Moreover, contractors are not even new entities, and were already described in existing California privacy law. #### **PODCAST** #### [**Ad Law Access Podcast**](%5C) [**Deepfake Best Practices Amid Developing Legal Practices**](%5C) In April, [Law360 ](%5C)published the article ​“[Deepfake Best Practices Amid Developing Legal Practices](%5C),” co-authored by partner [John Villafranco](%5C). The article provides an analysis of deepfake use cases, describes legal tools available to protect against harmful uses of the technology, and suggests some best practices for responsible use of deepfake technology. Click the links here for Kelley Drye’s [Ad Law Access](%5C), [Full Spectrum](%5C) or [Legal Download](%5C) podcasts or find them wherever you get your podcasts. **Kelley Drye attorneys and industry experts provide timely insights on legal and regulatory issues that impact your business. Our thought leaders keep you updated through** [**advisories and articles**](%5C)**,** [**blogs**](%5C)**,** [**newsletters**](%5C)**,** [**podcasts**](%5C) **and** [**resource centers**](%5C)**.** [**Sign up here**](%5C) **to receive our email communications tailored to your interests.** **Follow us on** [**LinkedIn**](%5C) **and** [**Twitter**](%5C) **for the latest updates.** NEW KELLEY DRYE PRACTICE [Kelley Drye Launches Environmental, Social and Governance Practice](%5C) Kelley Drye & Warren LLP today announced the launch of a new [Environmental, Social and Governance practice](%5C) to help clients meet the evolving legal, business and political challenges related to environmental, social, and governance (ESG) issues. The multi-disciplinary practices offers clients a range of counseling as they face increasing demands from consumers, investors, and regulators, as well as within their own organizations, to proactively address ESG issues across their value chain. “In essence, ESG issues are reducible to two questions—how should a company meet its own individual challenges of extended responsibility, and what should (or must) it say about what it does, We want to help clients answer those questions in a way that safeguards their reputations, minimizes risk, and leverages opportunity.” **TOP AD LAW ACCESS BLOG POSTS** A collection of the most read new and old [Ad Law Access](%5C) blog posts: - #### [**Six FTC Rules and Guides You Should Know**](%5C) - #### [**Florida Takes Page Out of TCPA’s Book with New Legislation**](%5C) - #### [**Seventh Circuit Reminds Insurance Policyholders to Shop Carefully for TCPA Coverage**](%5C) - #### [**Post-AMG Scorecard: The FTC is Required to Pay Receiver’s fees in Cardiff**](%5C) - #### [**Privacy Litigation Trend: The Latest on Session Replay Lawsuits, and Practical Considerations for Risk Mitigation**](%5C) - #### [**Smart (CA) TVs Are Listening: California Assembly Passes Voice Recognition Device Bill Headed to Senate**](%5C) - #### [**Supreme Court Defines ATDS Under The TCPA**](%5C) - #### [**Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit**](%5C) - #### [**Fashion Sustainability Claims Can’t Shake Scrutiny**](%5C) - #### [**eHarmony Agrees to Pay up to $2.2 Million to End Auto-Renewal Suit**](%5C) - #### [**Peloton Faces Uphill Ride on ​“Ever-Growing” Claims**](%5C) - #### [**Amazon Pays $2 Million to Settle Reference Price Allegations**](%5C) - #### [**Earth Day = Green Guides**](%5C) - #### [**Deepfake Best Practices Amid Developing Legal Practices**](%5C) - #### [**FDA Is Still Keeping Up With The Kardashians**](%5C) - #### [**The Pink Tax: Discrimination or Actual Differentiation?** ](%5C) - #### [**Read This Before Scanning A Driver’s License In New Jersey**](%5C) - #### [**What You Should Know about the FTC’s Mail Order Rule**](%5C) - #### [**New Court Decision Address Manipulation of Reviews**](%5C) **UPCOMING EVENTS** [Consumer Protection Conference](%5C) American Bar Association July 12 - 13, 2021”,“Virtual Conference [**John Villafranco**](%5C) - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/ad-law-news-and-views-june-5-2021-20251001155940.pdf) ### Related Services - [California Consumer Privacy Act (CCPA)](https://www.kelleydrye.com/trending/california-consumer-privacy-act-ccpa) - [Consumer Class Action Defense](https://www.kelleydrye.com/practices/consumer-class-action-defense) - [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing) - [Privacy and Information Security](https://www.kelleydrye.com/practices/privacy-and-information-security)