The Federal Communications Commission has announced that its new Telephone Consumer Protection Act rules related to ​“reasonable” revocation of consent will become effective on April 11, 2025.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-sets-effective-date-for-tcpa-reasonable-consent-revocation-rules

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

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As states across the country grapple with the impacts of Hurricane Helene and Hurricane Milton, state attorneys general are reminding businesses and constituents of price gouging laws that ban certain price increases during emergencies.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-attorneys-general-warn-of-price-gouging-enforcement-in-wake-of-recent-natural-disasters

Paul Singer

(202) 342-8672

www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson

(202) 342-8678

www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun

(202) 342-8671

www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Andrea deLorimier

(202) 945-6642

www.kelleydrye.com/people/andrea-delorimier

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The California Privacy Protection Agency (CPPA) has signaled it will advance rulemaking at its upcoming November 8 board meeting to place restrictions on the use of automated decision-making technology (ADMT) and impose new obligations to require businesses to conduct cybersecurity audits and risk assessments. The agency has grappled with these issues for more than two years, including soliciting formal comments in a February 2023 invitation for preliminary comments and conducting other stakeholder outreach.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/the-california-privacy-protection-agency-advances-regulations-to-reign-in-ai-mandate-security-audits-and-risk-assessments-and-update-ccpa-obligations

Alysa Hutnik

(202) 342-8603

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

Aaron Burstein

(202) 342-8671

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

Alex Schneider

(202) 342-8634

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

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Earlier this week, we described Texas’s new youth privacy law, the Securing Children Online Through Parental Empowerment (SCOPE) Act, and previewed that the Texas Attorney General is likely to use it to target social media platforms. And we were correct: yesterday, Texas sued TikTok under the SCOPE Act for allegedly ​“exploiting Texas children and failing to prioritize minors’ online safety and privacy.” The lawsuit is the first alleging violations of the SCOPE Act.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/texas-ag-sues-tiktok-in-first-lawsuit-brought-under-scope-act

Paul Singer

(202) 342-8672

www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson

(202) 342-8678

www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun

(202) 342-8671

www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Andrea deLorimier

(202) 945-6642

www.kelleydrye.com/people/andrea-delorimier

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Last week, a federal court in the District of Minnesota struck down Target’s motion to dismiss a class action complaint against the company for its ​“Target Clean” line of beauty products, because the Court said it could not declare as a matter of law that the Target Clean program is incapable of deceiving a reasonable consumer. As the court put it, ​“the reasonableness of Plaintiffs’ expectations remains up for strenuous debate.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/court-finds-target-clean-washing-complaint-will-move-forward

Katie Rogers

(202) 342-8455

www.kelleydrye.com/people/katie-rogers

Gregory Berman

(212) 808-7844

https://www.kelleydrye.com/people/gregory-t-berman

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Gordon Ramsay is a celebrity chef, perhaps best known for his fiery temper and the harsh criticism he levels at contestants on his cooking shows. If Ramsay judges that food isn’t cooked properly, that the texture is off, or that presentation is less than perfect, he is likely to yell at the offending chef and maybe even throw the food across the room. That can make for good TV, but does it make for a good commercial? Not when NAD is doing the judging.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-finds-ad-featuring-gordon-ramsay-too-harsh

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

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Last week, advertising and legal professionals, experts, regulators, and business representatives convened in New York for the annual National Advertising Division (NAD) Conference to consider hot topics, share perspectives on emerging issues, and discuss best practices for navigating a dynamic regulatory landscape. This year, trending topics included endorsements and reviews (especially in light of the FTC’s recently-issued rule on fake reviews), dark patterns, claim substantiation, artificial intelligence, and FTC enforcement priorities. Keynote speakers included FTC Commissioner Melissa Holyoak and the Director of the FTC’s Bureau of Consumer Protection, Samuel Levine, who addressed FTC positions and recent actions on a number of emerging issues in advertising law. In addition, John Villafranco led a conversation with BBB Executive Vice President Mary Engle addressing the impact of FTC guidance on NAD decisions.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/highlights-from-the-2024-national-advertising-division-conference

Donnelly McDowell

(202) 342-8645

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

Ioana Gorecki

(202) 342-8417

www.kelleydrye.com/people/ioana-gorecki

Cristina Ferretti

(212) 808-5057

www.kelleydrye.com/people/cristina-ferretti

Andrea deLorimier

(202) 945-6642

www.kelleydrye.com/people/andrea-delorimier

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

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As we previously discussed, the Class Action Fairness Act (CAFA) requires that notice be given to state attorneys general (State AGs or AGs) about proposed class action settlements, enabling them to review the terms and raise any concerns if they believe the settlement might negatively impact their state’s residents. This creates a crucial role for State AGs in the class action settlement approval process, and in relatively rare instances they may act by filing amicus briefs to share their concerns with the court.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-take-action-in-class-actions

Paul Singer

(202) 342-8672

www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson

(202) 342-8678

www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun

(202) 342-8671

www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Salim Rashid

(202) 342-8473

www.kelleydrye.com/people/salim-rashid

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As we rapidly approach the November election, important legal and political questions are resurfacing at the FTC—with new criticism coming from both within the Commissioner ranks and from Congress. On Tuesday, September 17, Republican FTC Commissioner Melissa Holyoak questioned the agency’s aggressive rulemaking and enforcement positions in remarks at the National Advertising Division (NAD) conference in New York. And on Thursday, September 19, House representatives during an Energy and Commerce Committee hearing opined that the ​“the FTC’s departure from its traditional standards is affecting Americans in their daily lives.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-faces-renewed-criticism-both-from-within-and-from-congress

Ioana Gorecki

(202) 342-8417

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

Andrea deLorimier

(202) 945-6642

https://www.kelleydrye.com/people/andrea-delorimier

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

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Automatic renewals continue to be a big priority for state regulators. When companies work to develop strategies to comply with the growing patchwork of specific state laws in this area, they often start by looking at California, since that state has some of the most stringent requirements in the country. California has been a moving target, though, as it has imposed specific requirements in 2010, 2017, and 2021. That target will soon move again, after Governor Newsom signed a new law that will start adding more requirements next year.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-updates-its-automatic-renewal-law-again

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

Beth Chun

(202) 342-8671

www.kelleydrye.com/Our-People/Beth-Bolen-Chun

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