Kelley Drye & Warren LLP

𝗔𝗻𝗮𝗹𝘆𝘀𝗶𝘀 𝗼𝗳 𝘁𝗵𝗲 𝟮𝟬𝟮𝟰 𝗘𝗹𝗲𝗰𝘁𝗶𝗼𝗻𝘀: 𝗘𝗹𝗲𝗰𝘁𝗶𝗼𝗻 𝗥𝗲𝘀𝘂𝗹𝘁𝘀 𝗮𝗻𝗱 𝗣𝗼𝗹𝗶𝗰𝘆 𝗜𝗺𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 As with all national elections in recent memory, our Government Relations and Public Policy team – with the help of many experts around the firm – has prepared this comprehensive analysis of the 2024 elections, which includes some important policy overviews of relevance to our clients. We hope it’s of relevance to you too, and please let us know if we can assist you during this transition! Find it here: https://lnkd.in/eq2GQVAX

𝗣𝗿𝗶𝘃𝗮𝗰𝘆 𝗮𝗻𝗱 𝗔𝗜 𝗶𝗻 𝘁𝗵𝗲 𝗧𝗿𝘂𝗺𝗽 𝟮.𝟬 𝗘𝗿𝗮 November 13, 2024 2:00 pm to 3:00 pm (EST) With a new Republican-led FTC on the horizon, what changes might we see in privacy and AI regulation? Join Kelley Drye’s privacy team—Partner and Chair of Privacy and Information Security Alysa Hutnik, along with Partners Aaron Burstein and Laura Riposo VanDruff—as they delve into potential shifts in FTC priorities and explore what businesses should anticipate and prepare for in this evolving landscape. Register here: https://lnkd.in/eNMx4t-f #Privacy #AI #FTC #DataProtection #KelleyDrye #Webinar

The National Advertising Division (NAD) recently flagged influencer posts in the beauty sector that didn't fully meet FTC standards for clear disclosure. In one case, a TikTok post's partnership tag was only visible after clicking "more" and wasn’t displayed in the video itself. This highlights the importance of making disclosures immediate and easy to understand. Learn more about staying compliant with FTC standards from Gonzalo Mon's post: https://lnkd.in/eWPPe62x #InfluencerMarketing #FTC #ConsumerTransparency #NAD #KelleyDrye

Association of National Advertisers 2024 Masters of Advertising Law Conference Join Kelley Drye’s Gonzalo Mon & Christie Thompson Grymes Thompson in Scottsdale, AZ: November 11 | 10:40 – 11:25 AM: Basics of Advertising Law with Gonzalo November 12 | 1:30 – 2:00 PM: Cause Marketing with Christie Don’t miss this premier event for advertising, marketing, promotions, and privacy law: https://lnkd.in/ecGT4nXY

State attorneys general play a pivotal role in enforcing consumer laws and driving regulatory priorities. With recent AG election results, businesses should take note of projected winners and potential changes in focus, especially with a party shift in Pennsylvania. Additionally, in states and territories like Maine, New Hampshire, American Samoa, and Puerto Rico, the AG positions will be filled through alternative selection processes that may influence priorities in the months ahead. Beyond their impact on consumer protection, state AGs often go on to serve in higher offices. This election cycle saw several current and former AGs elected to gubernatorial or congressional positions, further highlighting the importance of building relationships with these influential leaders. For a deeper dive into the implications of the AG election results and what they may mean for consumer protection and regulatory strategies, read more from Paul Singer, Abigail Stempson, Beth Chun here: https://lnkd.in/gik8YCKe #ConsumerProtection #StateAGs #RegulatoryUpdates #Election2024 #KelleyDrye

The Consumer Financial Protection Bureau (CFPB) has taken a significant step with the release of the final version of the Personal Financial Data Rights Rule. This new regulation mandates that financial institutions, credit card issuers, and payment facilitators, including mobile wallets and payment apps, adopt open banking standards to enhance the accessibility and portability of account records. The goal? Empower customers to share their personal financial data across a network of entities. In this episode of the Ad Law Access Podcast, hosted by Simone Roach, Kelley Drye attorneys Donnelly McDowell, Matthew C. Luzadder, Alexander Schneider, and Leah Rabkin explore what this means for the financial services industry, potential compliance challenges, and the immediate court responses sparked by this rule. Listen to the episode here: https://lnkd.in/gwees_x5 Read the full blog analysis: https://lnkd.in/gNuAyjVi Stay ahead of changes in financial regulations by subscribing to the Ad Law Access blog and our newsletter: https://lnkd.in/eswTAM9H. #AdLaw #Podcast #CFPB #OpenBanking #FinancialRegulations #ConsumerProtection #LegalInsights #KelleyDrye

What does the Federal Trade Commission's recent "Operation AI Comply" mean for businesses using AI tools? The FTC’s enforcement sweep involved actions against companies claiming their AI-enhanced services could replace traditional roles and generate significant consumer benefits. One notable case included the targeting of DoNotPay’s “AI Lawyer” services for making unsubstantiated claims of replacing the legal industry. In this episode of the Ad Law Access Podcast, hosted by Simone Roach, we explore insights from Donnelly McDowell, Katherine White, Ioana Gorecki, and Leah Rabkin's analysis on the FTC's new stance on unfairness and its implications for AI use in consumer services. Listen to the full episode here: https://lnkd.in/gzCUge5p Read more in the detailed blog post: https://lnkd.in/eZKUgu6D Stay informed on the latest updates in advertising and privacy law by subscribing to the Ad Law Access blog and our newsletter: https://lnkd.in/eswTAM9H. #AdLaw #Podcast #FTC #AICompliance #RegulatoryUpdates #ConsumerProtection #LegalInsights #KelleyDrye

Why are robocall enforcement actions by State Attorneys General making headlines? On October 18, 2024, the Anti-Robocall Multistate Litigation Task Force, consisting of 51 bipartisan State AGs, sent a notice letter to iDentidad Advertising Development LLC, a Florida-based company, for transmitting suspected illegal robocall traffic. This move underscores the robust collaboration between state authorities, federal agencies, and private industry to combat unlawful robocalls. In this episode of the Ad Law Access Podcast, hosted by Simone Roach, we discuss insights from Paul Singer, Abigail Stempson, Beth Chun, and Jennifer Wainwright’s covering what this action means for the industry and the ongoing regulatory focus on gateway service providers. Listen to the full episode here: https://lnkd.in/gTcPzPHt Blog post for further reading: https://lnkd.in/gq-QMJyw Stay informed with the latest updates in advertising and privacy law by subscribing to the Ad Law Access blog and our newsletter: https://lnkd.in/eswTAM9H. #AdLaw #Podcast #Robocalls #StateAGs #ConsumerProtection #RegulatoryUpdates #LegalInsights #KelleyDrye

Why do dissenting statements by Federal Trade Commission Commissioners matter? Recently, the FTC adopted its click-to-cancel rule by a 3-2 party-line vote. This new rule aims to simplify the cancellation process for services like gym memberships and streaming subscriptions and allows the Commission to impose civil penalties for misrepresentations related to negative option plans. In this episode of the Ad Law Access Podcast hosted by Simone Roach, we cover John Villafranco and Katherine White's blog post delving into the implications of these dissenting statements and what they signal for businesses navigating subscription services and FTC compliance. Listen here: https://lnkd.in/gn-3itJR Blog post for further reading: https://lnkd.in/eGuBeEkr Stay informed and subscribe to the Ad Law Access blog and our newsletter for the latest updates on advertising and privacy law: https://lnkd.in/eswTAM9H. #AdLaw #Podcast #FTC #RegulatoryUpdates #ConsumerProtection #SubscriptionServices #ClickToCancel #LegalInsights #KelleyDrye

Last week, LA County Counsel filed a lawsuit against PepsiCo and Coca-Cola, alleging that the companies created a misleading narrative about the recyclability of their plastic products and promoted chemical recycling as a viable solution. On the same day, the New York Supreme Court dismissed a similar lawsuit filed by the NY Attorney General against PepsiCo, with the Court issuing a sharp critique of the AG's claims. This divergence in outcomes underscores the complex legal landscape surrounding environmental and advertising claims. While New York's ruling questioned the duty of care and the liability of manufacturers for third-party actions, California's approach could set a different precedent. Dive deeper into the details and potential implications of these cases with Katie Rogers and Gonzalo Mon here: https://lnkd.in/gH-yNSwu We’ll continue to watch how these cases unfold and report on further developments.