With so much going on in the privacy space, it can be hard to keep track of everything. For example, while you were struggling to keep pace with rapidly advancing state privacy laws, FTC and EU privacy developments, market and technological changes, and various proposals to protect children’s privacy, you might have missed some eye-opening developments regarding the government’s purchase of consumer data from data brokers and other third party data sellers.

https://www.adlawaccess.com/2023/07/articles/spotlight-on-data-sales-and-the-fourth-amendment-two-bipartisan-bills-in-the-house/

Jessica Rich

(202) 342-8580

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

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Two years ago this month, the state of Colorado joined California and Virginia in the passage of broad consumer protection legislation when the Colorado Privacy Act (CPA) was signed into law.

https://www.adlawaccess.com/2023/07/articles/colorado-consumer-data-privacy-law-is-in-effect/

Alysa Hutnik

(202) 342-8603

https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik

Aaron Burstein

(202) 342-8453

https://www.kelleydrye.com/Our-People/Aaron-J-Burstein

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An implacable Lina Khan fended off four hours of hostile questions from members of the House Judiciary Committee, who criticized her ethics and performance as FTC Chair and then proceeded to attack FTC career staffers, each other, and Congress itself at a grueling oversight hearing on July 13. Accusations of mismanagement, cover-ups, conflicts of interest, and partisanship made good theatre and national news, but a potentially devastating development for the FTC went almost unmentioned and unreported.

https://www.adlawaccess.com/2023/07/articles/angry-house-members-vent-at-ftc-and-vote-to-cut-its-budget/

Bill MacLeod

(202) 342-8811

https://www.kelleydrye.com/Our-People/William-C-MacLeod

Darby Hobbs

(202) 342-8412

https://www.kelleydrye.com/Our-People/Darby-B-Hobbs

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On the Friday before a long 4th of July weekend, the FTC delivered some light beach reading in the form of a 100-page notice of proposed rulemaking (NPRM) “banning fake reviews and testimonials.” While banning fake reviews and testimonials seems uncontroversial, the proposed rule would actually do much more, including authorizing civil penalties for businesses that procure or disseminate deceptive (not just “fake”) reviews when they “knew or should have known” the review was deceptive and where the review fails to disclose the testimonialist’s relationship with the business or product.

Donnelly McDowell

(202) 342-8645

https://www.kelleydrye.com/Our-People/Donnelly-L-McDowell

Ioana Gorecki

(202) 342-8417

www.kelleydrye.com/Our-People/Ioana-Gorecki

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On June 29, 2023, the FTC released the long-awaited updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising – more commonly known as the Endorsement Guides – along with an updated FAQ entitled What People Are Asking. We summarized some of the key changes in our post the same day.

https://www.adlawaccess.com/2023/07/articles/how-the-ftcs-revised-endorsement-guides-will-affect-influencer-campaigns/

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/Our-People/Gonzalo-E-Mon

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On June 23, 2023, a bipartisan coalition of 26 state attorneys general (AGs) submitted comments in support of the FTC’s amendments to the Negative Option Rule (Rule). Though the AGs assert that the FTC’s requirements under the proposed Negative Option Rule are already generally required by existing state and federal law, the AGs agreed that additional guidance and specificity on compliance with negative option rules would benefit consumers.

https://www.adlawaccess.com/2023/07/articles/icymi-state-ags-support-ftcs-amendments-on-auto-renewals-but-have-suggestions/

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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In May 2022, the FTC proposed changes to its Endorsement Guides. Among other things, those changes created more prescriptive disclosure requirements for endorsements, imposed various requirements for consumer reviews, and clarified that all parties involved in a marketing campaign could be held liable for lapses. At that time, we analyzed the FTC’s proposed changes and examined how they might impact advertising practices and influencer marketing.

https://www.adlawaccess.com/2023/06/articles/new-endorsement-guides-include-big-changes-but-few-surprises/

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/Our-People/Gonzalo-E-Mon

John Villafranco

(202) 342-8423

https://www.kelleydrye.com/Our-People/John-E-Villafranco

Ioana Gorecki

(202) 342-8417

www.kelleydrye.com/Our-People/Ioana-Gorecki

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Yesterday, the FTC announced an $18.5 million settlement with Publishers Clearing House (PCH), a marketing company known for using sweepstakes to sell magazine subscriptions. In its 52-page complaint, the FTC alleges PCH used purported “dark patterns” to promote product purchases, failed to disclose total costs, misrepresented its privacy practices, and used misleading email headers in violation of Section 5 and the CAN-SPAM Act. The order prohibits the company from making specific misrepresentations regarding sweepstakes entries, includes mandatory disclosure requirements, and requires consumer data deletion, among other provisions.

https://www.adlawaccess.com/2023/06/articles/ftc-targets-publishers-clearing-house-dark-patterns-in-sweeping-order/

Gonzalo Mon

(202) 342-8576

https://www.kelleydrye.com/Our-People/Gonzalo-E-Mon

Ioana Gorecki

(202) 342-8417

www.kelleydrye.com/Our-People/Ioana-Gorecki

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This week, just a few days before the Fourth of July holiday, the FTC announced a settlement with three fashion companies (that operated together as a common enterprise) over patriotic claims that the companies made about various accessories, such as belts, bags, wallets, and shoes.

https://www.adlawaccess.com/2023/06/articles/latest-made-in-usa-settlement-offers-lessons-for-fashion-companies/

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/Our-People/Gonzalo-E-Mon

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As we’ve written here, a brand new law governing online marketplaces and sellers takes effect TODAY, Tuesday, June 27. The new law (the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act, or INFORM Consumers Act) is designed to deter criminals from selling counterfeit, stolen, defective, and dangerous products through online marketplaces.

https://www.adlawaccess.com/2023/06/articles/compliance-with-the-inform-consumers-act-find-resources-here/

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

Kate White

(202) 342-8855

https://www.kelleydrye.com/Our-People/Katherine-White

Jessica Rich

(202) 342-8580

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

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