The FTC yesterday filed a complaint and stipulated order against Bridge, It (dba ​“Brigit”), a fintech company that operates a personal finance mobile application that advertises cash advances to consumers. According to the complaint, Brigit targeted low income consumers with offers for short-term cash advances of ​“up to $250” if they enrolled in a $9.99 per month membership program. The FTC alleged that only approximately 1% of customers actually received access to the $250 advance and approximately 20% were denied access to cash advances entirely.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-alleges-fintech-provider-engaged-in-dark-patterns-concealed-fees-for-cash-advances-in-reaching-18-million-settlement

Donnelly McDowell

(202) 342-8645

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

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NAD recently issued a decision in a challenge that Bath & Body Works (or ​“B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. Although the decision covers a lot of ground – B&BW challenged a combination of 18 express and implied claims – in this post, we’re going to focus on a few issues related to comparative claims against unnamed competitors.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-provides-guidance-on-claims-against-unnamed-competitors

Gonzalo Mon

(202) 342-8576

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

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Last week, the FTC announced that it had finalized its rulemaking to add data breach notification provisions to the Gramm-Leach-Bliley Act (GLBA) Safeguards Rule. As expected, the new provisions require non-bank financial institutions to provide notice to the FTC of data incidents meeting certain thresholds and detail the trigger for, and content and timing of, the notice. The FTC’s proposal elicited only 49 comments, perhaps because most stakeholders thought that the new requirements were inevitable and would be fairly routine. After all, the federal banking agencies have long required data breach notification under GLBA, every state in the country has a data breach law, and the Commission was only proposing that notice be given to the FTC, not to consumers.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/safeguards-snafu-the-anomalous-new-provision-in-the-ftcs-gramm-leach-bliley-safeguards-rule

Jessica Rich

(202) 342-8580

www.kelleydrye.com/Our-People/Jessica-L-Rich

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Our State AG webinar series continues. After spending time in the Centennial State, we went east to the Land of Lincoln. We met with Illinois Attorney General Kwame Raoul, Susan Ellis, Consumer Protection Division Chief, and Lyle Evans, Chief of Investigations, to learn about the office, their priorities, and more about Organized Retail Crime and the INFORM Consumers Act.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-we-learned-from-illinois

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

Kaelyne Wietelman

(202) 342-8478

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

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This month, Google announced that it would soon implement new requirements for ​“bulk senders” – defined as senders who send more than 5,000 messages to Gmail addresses in one day – that will likely impact most companies that send marketing emails.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-gmail-marketing-requirements-will-impact-most-advertisers

Gonzalo Mon

(202) 342-8576

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

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California has a new tool in the toolbox when it comes to remedies available for certain consumer protection law violations. The governor of California recently signed legislation adding the remedy of disgorgement for AG actions under false advertising and unfair competition laws (Consumer Laws), which would require a party to repay all amounts obtained through illegal or wrongful acts. In addition, the law created a Victims of Consumer Fraud Restitution Fund (Fund) to help make victims whole in consumer protection lawsuits brought by the California Attorney General. The Fund is funded through payments made by those who violate consumer protection laws, and not through taxes or fees charged to law-abiding businesses.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-changes-to-consumer-protection-authority

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

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We posted just last week about the Blackbaud multistate settlement, and as we have discussed, health privacy remains a hot topic and is already back in the news. On October 17th, 33 AGs led by Indiana, announced a multistate settlement in the form of a judgment with a Puerto Rico-based health care clearinghouse, Inmediata, for what the AGs alleged was a failure to appropriately safeguard data and a delayed and flawed notification to consumers of a coding issue. As a result, the states said protected health information (PHI) of approximately 1.5 million consumers was exposed to public online searches for almost three years. The AGs alleged, among other things, violations of the Health Insurance Portability and Accountability Act’s (HIPAA) Security Rule and its Breach Notification Rule.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/health-data-coding-error-costs-inmediata-1-4-million-with-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

Caroline Schmitz

(202) 342-8459

https://www.kelleydrye.com/people/caroline-t-schmitz

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Green is the new black, or so it seems, based on the growing number of companies that are making ​“green” claims. Claims about carbon reductions are particularly in fashion, both with advertisers and with a growing number of challengers who are questioning the basis for those claims. Some lawsuits even allege that there are ​“foundational issues with the voluntary carbon offset (“VCO”) market” – the principle means for substantiating those claims – that render ​“claims based on offsets inherently problematic.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-california-law-regulates-carbon-claims

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

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In 1985, Bon Jovi released their second studio album, 7800° Fahrenheit. As a good New Jersey resident with good taste in music, I bought the album. I remember learning that the title supposedly referred to the melting point of rock, though I don’t remember if I ever attempted to verify that fact. (I also don’t remember how people verified facts before the advent of the internet.)

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/sharkninja-faces-heat-over-temperature-and-non-stick-claims

Gonzalo Mon

(202) 342-8576

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

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Smile Prep operates a website that provides reviews of clear aligners (otherwise known as ​“invisible braces”) based on an ​“extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some of the companies it reviews, Smile Direct Club (or ​“SDC”) filed an NAD challenge suggesting that the company ​“slants its rankings and reviews to favor those companies that make payments to it at the relative expense of those companies that don’t.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/narb-gives-ftc-an-opportunity-to-apply-new-endorsement-guides

Gonzalo Mon

(202) 342-8576

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

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