State Privacy Law Summit: Unpacking Brand and Agency Privacy Obligations
(1 of 3)

March 10, 2022”,“Webinar

Privacy Priorities for 2022: Tracking State Law Developments

Kelley Drye
March 24, 2022”,“Webinar

Buckle Up: 2022 Hot Topics in Consumer Protection

California Lawyers Association
March 28, 2022”,“Speaking Engagement 

State Privacy Law Summit: Unpacking Brand and Agency Privacy Obligations
(2 of 3)

March 29, 2022”,“Webinar

2022 Antitrust Law Spring Meeting

American Bar Association
April 5, 2022”,“Speaking Engagement 

Privacy & Fairness Considerations for ML-Powered Recommender Systems

IAPP Global Privacy Summit 2022
April 10, 2022”,“Speaking Engagement 

State Privacy Law Summit: Unpacking Brand and Agency Privacy Obligations
(3 of 3)

April 14, 2022”,“Webinar

2022 Antitrust Mergers Practice Workshop

American Bar Association
May 19, 2022”,“Speaking Engagement

Direct Selling Summit

BBB National Programs
July 27, 2022”,“Speaking Engagement


Privacy Priorities for 2022: FTC

Under Chair Lina Khan, the Federal Trade Commission has announced an aggressive privacy agenda, which is unfolding on the enforcement, regulatory, and policy fronts. In recent enforcement actions, the FTC has sought stringent remedies, including data deletion, bans on conduct, notices to consumers, stricter consent requirements, individual liability, and significant monetary relief based on a range of creative theories. The FTC has also announced that it intends to launch a rulemaking to limit \“surveillance advertising.\” The FTC has also issued two rounds of guidance on its Health Breach Notification Rule -- which has never been the subject of an FTC enforcement action and is the subject of an open rulemaking proceeding.

State Attorney General Consumer Protection Priorities for 2022

Consumer protection enforcement efforts are expected to increase dramatically this year. Recent pronouncements from State Attorneys General around the country bring privacy, big tech and the misuse of algorithms, and basic advertising related frauds into particular scrutiny.

Privacy Priorities for 2022: Legal and Tech Developments to Track and Tackle

Privacy compliance is a daunting task, particularly when the legal and tech landscape keeps shifting. Many companies are still updating their privacy compliance programs to address CCPA requirements, FTC warnings on avoiding dark patterns and unauthorized data sharing, and tech platform disclosure, consent, and data sharing changes. But in the not too distant future, new privacy laws in California, Colorado, and Virginia also will go into effect. Addressing these expanded obligations requires budget, prioritizing action items, and keeping up to date on privacy technology innovations that can help make some tasks more scalable.


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NAD Reviews Charitable Donation Claims

In recent years, more companies have been willing to take public positions on social issues and to promote certain causes. Different types of promotions raise different legal issues. For example, if a company advertises that a purchase will lead to a donation to a charity, that could trigger requirements under commercial co-venture laws. (Listen to this podcast for more details.) Other types of promotions – such as simply announcing a charitable donation – trigger fewer requirements.

State Attorneys General Fight Imposters Among Us

Last week, 49 State Attorneys General joined in a National Association of Attorneys General letter authored by Florida, Iowa, Mississippi, Pennsylvania, and Tennessee responding to the FTC’s Request for Public Comment concerning impersonation scams. While a bipartisan coalition from the State AGs on consumer issues isn’t particularly surprising, the call for additional federal oversight into areas the State AGs already have authority to enforce is certainly interesting.

Opportunities and Risks in Podcast Advertising

Ad revenue from podcasts in the US continues to grow at a staggering rate. When we last posted about this topic in 2018, IAB had reported that ad revenues had increased 275% over two years to just over $257 million and that the market was expected grow to $1 billion by 2021. Although the 2021 numbers aren’t out yet, IAB stood by that prediction last year, and added that revenues could jump to $2 billion by 2023. This creates significant opportunities for advertisers, but also some risks.

Made in USA Closing Letter Addresses Retailer Obligations

As we’ve noted in other posts, an FTC rule prohibits companies from stating or implying that a product is made in the USA unless: (1) the final assembly or processing of the product occurs in the USA; (2) all significant processing that goes into the product occurs in the USA; and (3) all or virtually all ingredients or components are made or sourced in the USA. It can be a challenge to figure out whether a product you make meets that standard, but it’s even harder to figure that out for products you didn’t make.

Russia Sanctions Updates

Given the rapidly evolving situation in Ukraine, we thought it would be helpful to offer our AdLaw Access readers a link to the ongoing guidance  being published by our Export and Sanctions Team at Kelley Drye.  For more information on the situation and how it may impact your business, please contact our Export and Sanctions Team –  Eric McClafferty at emcclafferty@​kelleydrye.​com.

The FTC Seeks Comments and Signals Changes to Come in New Rulemaking on Earnings Claims

As we previewed last week here, the FTC released an Advanced Notice of Proposed Rulemaking (ANPR) on earnings claims as it embarked on a mission to adopt a rule that would give the FTC, in its own words, an important new tool to return money to consumers injured by deceptive income claims, and to hold bad actors accountable with civil penalties.”  Importantly, the ANPR also suggests that the rule could do more than just change the FTC’s enforcement tools and also seek to substantively change the standard that has long been applied in analyzing earnings and lifestyle claims.  Interested parties will have 60 days from publication in the Federal Register to submit comments and respond to the FTC’s questions and requests for evidence.

New Federal Bill to Protect Kids’ Privacy: Will This One Break Through?

Last October, we blogged that bipartisan momentum was building in Congress to enact stronger privacy protections for children, even if (and especially if) Congress remains stalled on broader federal privacy legislation. Of particular significance, we noted a strong push to protect, not just kids under 13 (the cutoff under COPPA), but also teens.

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