The DOJ has released new guidance on website accessibility programs, outlining key steps organizations should take to ensure compliance with the ADA. This episode breaks down the recommendations, including setting clear policies, regular testing, and vendor accountability.

Read more: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/doj-provides-guidance-on-website-accessibility-programs#:~:text=The%20DOJ%20recommends%20that%20entities,warranties%3B%20(4)%20require%20vendors

#ADA #WebsiteAccessibility #DOJGuidance #DigitalCompliance #KelleyDrye

State AGs Double Down on DEI (and ESG)

Republican state attorneys general are ramping up their scrutiny of corporate DEI and ESG policies. In this episode, we discuss recent letters sent by state AGs to major financial institutions and Costco, challenging diversity initiatives and climate commitments.

Read the full analysis from Paul Singer, Abigail Stempson, and Beth Bolen Chun on the Ad Law Access blog: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-double-down-on-dei-and-esg

Hosted by Simone Roach

Revolve, a fashion e-commerce brand, recently faced scrutiny from the National Advertising Division (NAD) over influencer disclosures in its gifting program. In this episode, Gonzalo Mon unpacks NAD’s findings and what they mean for influencer marketing.

NAD’s decision raises key compliance concerns under the FTC’s Endorsement Guides, from unclear disclosure instructions to the effectiveness of hashtags like #giftedbyrevolve. We’ll explore why NAD found Revolve’s approach insufficient, how brands can improve influencer agreements, and why clear, unmistakable disclosure language matters.

Read the full analysis from Gonzalo Mon on the Ad Law Access blog: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-addresses-gifting-to-influencers

Hosted by: Simone Roach

Is P&G’s sustainability messaging misleading consumers?

A new class action lawsuit accuses Procter & Gamble of greenwashing, alleging that its "Keep Forests as Forests" campaign and "Protect-Grow-Restore" promises don’t hold up under scrutiny. The case claims that P&G’s Charmin toilet paper is sourced from clear-cut boreal forests, with replanting efforts creating so-called "Frankenforests"—single-species tree plantations treated with chemical herbicides.

The lawsuit also challenges P&G’s use of FSC and Rainforest Alliance logos, arguing that they mislead consumers about the company’s sustainability efforts. Plaintiffs cite violations of the FTC’s Green Guides, shareholder criticism, and competitor practices as key factors in their claim.

Read the full analysis here: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/p-g-accused-of-greenwashing-and-creating-frankenforests#:~:text=Earlier%20this%20month%2C%20a%20group,following%20through%20with%20its%20sustainable

Hosted by: Simone Roach

Blog by: Katie Rogers & Gonzalo Mon

Stay Informed on Green Marketing & Sustainability Claims:

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- Kelley Drye Team: https://www.kelleydrye.com/practices/advertising-and-marketing

A New York health privacy law has moved quickly through both chambers of the state legislature and is up for review by Governor Kathy Hochul. The New York Health Information Privacy Act (“NYHIPA”) bears striking resemblance to similar laws in Washington, Nevada, and Connecticut, but also adopts novel provisions that could make this one of the most stringent privacy laws on the books in the U.S.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-year-new-health-privacy-law-what-you-need-to-know-about-nyhipa

Alysa Hutnik

(202) 342-8603

www.kelleydrye.com/people/alysa-z-hutnik

Aaron Burstein

(202) 342-8671

www.kelleydrye.com/people/aaron-j-burstein

Chris Tarbell

(202) 342-8813

https://www.kelleydrye.com/people/christopher-s-tarbell

Alex Schneider

(202) 342-8634

www.kelleydrye.com/people/alexander-i-schneider

Meaghan Donahue

(202) 945-6622

www.kelleydrye.com/people/meaghan-m-donahue

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

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On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a ruling which vacated the so-called ​“one-to-one” consent requirement for marketing calls and texts adopted by the Federal Communications Commission (FCC) in its implementing rules for the Telephone Consumer Protection Act (TCPA). In its ruling, the court held that the rule adopted by the FCC exceeded the agency’s statutory authority because it conflicted with the plain meaning of ​“prior express consent” in the TCPA. Below we summarize the court’s ruling and explain what it means for businesses going forward.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/eleventh-circuit-vacates-tcpa-11-consent-rule

Alysa Hutnik

(202) 342-8603

www.kelleydrye.com/people/alysa-z-hutnik

Jenny Wainwright

(202) 342-8649

https://www.kelleydrye.com/people/jennifer-rodden-wainwright

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

A new health privacy law in New York—the New York Health Information Privacy Act (NYHIPA)—is awaiting Governor Kathy Hochul’s review. If enacted, NYHIPA would introduce some of the strictest health data privacy rules in the U.S., going beyond laws in Washington, Nevada, and Connecticut.

𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀:

• Broad Scope: Covers location data, payment info, and health inferences, even if not based on sensitive data.

• Strict Consent Rules: Requires explicit authorization for most data collection, unlike other states.

• Compliance Challenges: Includes deletion timelines, security mandates, and service provider restrictions.

• Enforcement: The New York Attorney General will oversee compliance and could introduce additional regulations.

• With its wide-reaching impact, businesses nationwide should watch NYHIPA’s progress closely.

𝗥𝗲𝗮𝗱 𝗺𝗼𝗿𝗲: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-year-new-health-privacy-law-what-you-need-to-know-about-nyhipa

𝗛𝗼𝘀𝘁𝗲𝗱 𝗯𝘆 𝗦𝗶𝗺𝗼𝗻𝗲 𝗥𝗼𝗮𝗰𝗵

𝗖𝗼𝗻𝘁𝗮𝗰𝘁 𝘁𝗵𝗲 𝗧𝗲𝗮𝗺

Paul Singer | [email protected]

Alysa Z. Hutnik | [email protected]

Aaron J. Burstein | [email protected]

Christopher S. Tarbell | [email protected]

Alexander I. Schneider | [email protected]

Meaghan M. Donahue | [email protected]

𝗦𝘁𝗮𝘆 𝗨𝗽𝗱𝗮𝘁𝗲𝗱

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𝗙𝗶𝗻𝗱 𝗮𝗹𝗹 𝗼𝘂𝗿 𝗿𝗲𝘀𝗼𝘂𝗿𝗰𝗲𝘀: https://linktr.ee/KelleyDryeAdLaw

𝗠𝗮𝘀𝘀𝗮𝗰𝗵𝘂𝘀𝗲𝘁𝘁𝘀 𝗦𝗲𝗰𝘂𝗿𝗲𝘀 𝗥𝗲𝗰𝗼𝗿𝗱 𝗝𝘂𝗱𝗴𝗺𝗲𝗻𝘁 𝗔𝗴𝗮𝗶𝗻𝘀𝘁 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝗖𝗼𝗺𝗽𝗮𝗻𝗶𝗲𝘀

The Massachusetts Attorney General’s Office (MA AGO) has secured a landmark $165 million judgment—one of the largest civil penalties ever imposed under the state's Consumer Protection Act—against three UnitedHealth insurance companies. A Suffolk Superior Court ruling found the defendants liable for violating a prior consent judgment and engaging in false and deceptive practices.

The case has roots in a 2009 consent judgment, which barred the companies from selling health plans in Massachusetts for five years and permanently prohibited misleading advertising. However, a 2020 lawsuit alleged continued unfair and deceptive practices, including misleading advertising, misrepresenting agents as independent advisors, and improperly bundling health products. While some claims lacked sufficient evidence, the court imposed $115 million in civil penalties and $50 million in restitution. UnitedHealthcare has announced plans to appeal.

𝗥𝗲𝗮𝗱 𝗺𝗼𝗿𝗲: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/massachusetts-secures-record-judgment-against-insurance-companies

𝗛𝗼𝘀𝘁𝗲𝗱 𝗯𝘆 𝗦𝗶𝗺𝗼𝗻𝗲 𝗥𝗼𝗮𝗰𝗵

𝗖𝗼𝗻𝘁𝗮𝗰𝘁 𝘁𝗵𝗲 𝗧𝗲𝗮𝗺

Paul Singer | [email protected] | (202) 342-8672

Abigail Stempson | [email protected] | (202) 342-8678

Beth Chun | [email protected] | (202) 342-8671

Salim Rashid | [email protected]

𝗦𝘁𝗮𝘆 𝗨𝗽𝗱𝗮𝘁𝗲𝗱

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The U.S. Court of Appeals for the Eleventh Circuit has vacated the FCC’s "one-to-one" consent rule for marketing calls and texts, ruling that the agency exceeded its authority under the Telephone Consumer Protection Act (TCPA). The decision eliminates stricter consent requirements that the FCC introduced in December 2023 to target lead generation practices.

Key Takeaways:

• 1:1 Consent Rule Overturned – The court ruled that consent does not have to be granted on a per-business basis.

• FCC Exceeded Its Authority – The agency’s attempt to redefine consent went beyond its legal power.

• Immediate Business Impact – The previous TCPA consent rules remain in effect, but businesses should monitor carrier and platform responses.

• Next Steps – The case is remanded to the FCC, but an appeal is unlikely.

Read more: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/eleventh-circuit-vacates-tcpa-11-consent-rule

🎙 Hosted by Simone Roach

Contact the Team:

Paul Singer | [email protected]

Alysa Z. Hutnik | [email protected]

Jennifer Rodden Wainwright | [email protected]

Stay Updated:

Subscribe to the Ad Law Access Blog - https://www.kelleydrye.com/subscribe

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Find all our resources: https://linktr.ee/KelleyDryeAdLaw

The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that according to the FTC’s release ​“would strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing (MLM) programs and money-making opportunities.” Notably, the proposed Earnings Claims Rule is limited to MLM programs (with different definitions proposed for consideration) and would not cover the gig economy, notwithstanding that the Commission’s recent enforcement actions related to earnings claims have not involved direct selling companies.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-puts-pedal-to-the-metal-to-release-proposed-rule-on-mlm-earnings-claims-changes-to-business-opportunity-rule-but-republican-commissioners-pump-the-brakes-in-potential-foreshadowing

John Villafranco

(202) 342-8423

www.kelleydrye.com/people/john-e-villafranco

Donnelly McDowell

(202) 342-8645

www.kelleydrye.com/people/donnelly-l-mcdowell

Robert Ward

(973) 503 5978

https://www.kelleydrye.com/people/robert-n-ward

Ioana Gorecki

(202) 342-8417

https://www.kelleydrye.com/people/ioana-gorecki

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

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