The year ahead promises to be busy on the state privacy front. As we’ve covered on this blog, states are continuing to fill the gap at the federal level by implementing comprehensive state laws that guarantee consumer privacy rights and regulate data sales, targeted advertising, and sensitive data.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/top-5-state-privacy-issues-were-monitoring-this-year

Alysa Hutnik

(202) 342-8603

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

Alex Schneider

(202) 342-8634

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

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If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider what they might mean for the future.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/top-advertising-law-developments-in-2023

Alysa Hutnik

(202) 342-8603

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

Donnelly McDowell

(202) 342-8645

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

Gonzalo Mon

(202) 342-8576

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

Paul Singer

(202) 342-8672

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

Laura Riposo VanDruff

(202) 342-8435

www.kelleydrye.com/people/laura-riposo-vandruff

Katie Rogers

(202) 342-8455

www.kelleydrye.com/people/katherine-katie-rogers

Beth Chun

(202) 342-8671

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

Alex Schneider

(202) 342-8634

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

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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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The Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act Rule (COPPA Rule). The COPPA Rule applies to operators of websites and online services that are directed to children under 13 or that have ​“actual knowledge” they are collecting personal information from children under 13. It imposes notice, consent, data security, and data minimization requirements. Below we summarize highlights from the rulemaking.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-proposes-changes-to-coppa-rule-what-businesses-need-to-know

Laura Riposo VanDruff

(202) 342-8435

https://www.kelleydrye.com/people/laura-riposo-vandruff

Alex Schneider

(202) 342-8634

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

Chris Tarbell

(202) 342-8813

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

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

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Last month, the New York AG filed a lawsuit against Sirius XM Radio, alleging that the company ​“sells subscriptions that are easy to purchase, and extremely difficult to cancel.” Consumers who want to cancel their subscriptions are forced to ​“undergo a lengthy and burdensome endurance contest that Sirius created and implemented as a strategy for keeping as many consumers from cancelling as possible.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ny-ag-gets-serious-over-cancellation-practices

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

Kaelyne Wietelman

(202) 342-8478

www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman

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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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As we covered in part I, the National Association of Attorneys General (NAAG) finished the year with its 2023 Capital Forum in early December, focusing heavily on AI.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/naag-capital-forum-wrap-up-2023-part-ii-new-naag-presidential-initiative

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

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

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

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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The National Association of Attorneys General (NAAG) closed out the year with its 2023 Capital Forum in early December. This year’s Forum focused heavily on AI questions and concerns and past and future NAAG Presidential Initiatives. In this first post, we will cover the highlights of the AI panels.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/naag-capital-forum-wrap-up-2023-part-1-more-ai-and-ags

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

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

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

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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Chiara Ferragni is an Italian influencer with almost 30 million followers on Instagram. At last count, that’s more than the number of followers we have at Ad Law Access, so she must be doing something right. But a recent scandal that caught the attention of Italian authorities, including the Prime Minister, suggests that she may have also done a few things wrong.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/lessons-from-an-italian-christmas-scandal

Gonzalo Mon

(202) 342-8576

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

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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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Over the past several years, the number of consumer class actions involving product labels has significantly increased. The claims, primarily targeting food and clothing manufacturers, typically allege products are mislabeled or are otherwise misleading to consumers and as a result, the cost to consumers increases.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/vanilla-vigilante-spencer-sheehan-grounded-after-targeting-starbucks

James Saylor

(212) 808-5052

https://www.kelleydrye.com/people/james-b-saylor

Gregory Berman

(212) 808-7844

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

Madeleine Ostertag

(212) 808-7860

https://www.kelleydrye.com/people/madeleine-a-ostertag

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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 December 12, the FTC issued the Combating Auto Retail Scams Rule (“CARS Rule”) which will broadly regulate sales activities of motor vehicle dealers. Authorized by Congress through the Dodd-Frank Act and promulgated under the Administrative Procedure Act (as opposed to the FTC’s more cumbersome Magnusson-Moss authority), the final rule will take effect on July 30, 2024.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftcs-auto-dealer-rule-promises-sweeping-industry-changes

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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Last year, a plaintiff filed a class action lawsuit against H&M, arguing that the retailer misled consumers into thinking that its Conscious Choice collection of clothing was ​“environmentally friendly” and ​“sustainable.” This May, a federal court in Missouri dismissed the case, noting that the plaintiff had mischaracterized H&M’s claims and that the retailer had qualified the claims such that reasonable consumers would not be misled by them.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/h-m-faces-new-allegations-of-greenwashing

Gonzalo Mon

(202) 342-8576

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

Katie Rogers

(202) 342-8455

https://www.kelleydrye.com/people/katherine-katie-rogers

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

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

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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