Ad Law News and Views - November 6, 2021

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A New Era for the FTC and U.S. Privacy? House Reconciliation Bill Would Give the FTC $500 Million to Build a New Privacy Bureau

As we’ve all been following in the news, the House reconciliation bill to fund ​“human infrastructure” is still mired in negotiations, ever on the verge of either passing to monumental fanfare, or cratering in failure. Tucked away on page 671 of the 1684-page bill is a short provision that, despite scant attention, has the potential to usher in a new era for the FTC and U.S. privacy – $500 million to fund a brand new FTC privacy bureau, to be spent between 2022 and 2029.

GLBA Safeguards Gets a Makeover: Why it Matters for Businesses with Customer Information

In a much-anticipated announcement last week, the FTC amended the Gramm-Leach-Bliley Act (GLBA) Safeguards Rule, and proposed a further amendment requiring certain financial institutions to provide the FTC with notice in the event of certain security events. Although these changes were announced after FTC Commissioner Chopra left the agency to lead the CFPB, he apparently voted prior to leaving to ensure 3/2 approval of the amendments in a Commission that remains divided.

Post-AMG Scorecard: The FTC Pivots to Other Statutory Bases for Monetary Relief

The Supreme Court in AMG foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act. That, however, AMG has not stopped the FTC from pursuing monetary relief directly in court, while attempting to bypass the statutory prerequisite of an administrative proceeding. The FTC is continuing to use Section 13(b) of the Act to attempt to obtain preliminary and permanent injunctive relief. At the same time, the Commission is coupling its 13(b) requests for injunctive relief with other (sometimes creative) statutory requests for money.

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TOP 10 OCTOBER READS

• FTC Blankets Companies With Warning Letters Over Endorsements and Reviews

• NAD Addresses Green Claims About Current Practice and Future Goals

• FTC Chair Khan’s Vision for Privacy – and Some Dissents

• FTC Threatens 70 Colleges with Civil Penalties in Attempt to Resurrect Penalty Offense Authority

• Flexing the Agency’s Muscles: What FTC Notice of Penalty Offenses Really Means for Advertisers

• CPRA Update: California Legislature Makes Technical Changes to CPRA

• California Updates its Automatic Renewal Law

• California Imposes New Restrictions on Recyclability Claims

• Next Up – Earnings Claims:  Notice of Penalty Offenses Sent to 1,100 Direct Selling Companies and Others in the Gig Economy

• NAD Decision Addresses Sustainability Claims

UPCOMING EVENTS

Basics of Advertising: A New Take on Substantiation, Disclosures & Social Media

Association of National Advertisers
November 15, 2021”,“Webinar
Gonzalo Mon

Updates in Litigation Risks: Product Liability, Private Litigation, and Consumer Class Actions

Food and Drug Law Institute
December 10, 2021”,“Webinar
Donnelly McDowell

 

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