If you’re offering any products or services involving a negative option or automatic renewal plan, pay close attention to the FTC’s announcement today of a proposed rule that would drastically alter requirements for negative option disclosures while simultaneously granting the agency authority to seek redress and civil penalties for misrepresentations unrelated to the negative option transaction itself, such as claims related to underlying products, features, and services. Among other things, the rule as proposed would require that cancellation be “at least as easy to use as the method the consumer used to initiate the Negative Option Feature,” and that companies obtain consent before trying to “save” a cancellation attempt and provide annual reminders for services that do not involve the physical delivery of goods.

https://www.adlawaccess.com/2023/03/articles/ftc-proposes-massive-expansion-of-negative-option-rule-would-provide-redress-and-civil-penalty-authority-for-deceptive-practices-unrelated-to-the-negative-option-transaction/

Ioana Gorecki

(202) 342-8417

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

Donnelly McDowell

(202) 342-8645

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

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

On February 16, 2023, the Attorneys General of Ohio and Pennsylvania announced a settlement with Ohio-based DNA Diagnostics Center (“DDC”) for a 2021 data breach which involved 2.1 million residents nationwide, including the social security numbers of over 45,000 Ohio and Pennsylvania residents. As a part of the settlement, which resolves alleged violations of Ohio and Pennsylvania consumer protection laws, DDC will pay $400,000 in fines and will be required to implement improved security practices.

https://www.adlawaccess.com/2023/03/articles/dna-diagnostics-center-settles-data-breach-with-ohio-and-pennsylvania-attorneys-general/

Elliott Siebers

(213) 547-4911

https://www.kelleydrye.com/Our-People/Elliott-Siebers

Ali Albazzaz

(312) 857-2619

https://www.kelleydrye.com/Our-People/Ali-Albazzaz

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

If Iowa Governor Kim Reynolds signs Senate File (SF) 262, the Hawkeye State will become the sixth state to adopt a comprehensive consumer privacy law. Iowa’s House and Senate have both passed Senate File 262 unanimously. If approved, SF 262 will go into effect January 1, 2025.

https://www.adlawaccess.com/2023/03/articles/iowa-a-sixth-state-privacy-law/#more-11487

Aaron Burstein

(202) 342-8453

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

Rod Ghaemmaghami

(213) 547-4912

https://www.kelleydrye.com/Our-People/Rod-Ghaemmaghami

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or “ABA”). NAD found that several of ABA’s claims – including claims that “our bottles are made to be remade” and “we’re carefully designing our bottles to be 100% recyclable” – were substantiated, but had concerns with others. ABA appealed the decision. Last week, NARB issued its own decision, siding with NAD. Here are some highlights.

https://www.adlawaccess.com/2023/03/articles/narb-recommends-better-distinction-between-current-achievements-and-future-goals/

Gonzalo Mon

(202) 342-8576

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

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

If a third-party writes a good review of your product – or, even better, rates it as one of the best – can you link to that review? A new NAD decisions suggests that the answer may not be as easy as people think.

https://www.adlawaccess.com/2023/03/articles/nad-explores-when-companies-can-be-responsible-for-third-party-reviews/

Gonzalo Mon

(202) 342-8576

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

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

As we have discussed, most consumer protection laws give attorneys general broad authority to perform pre-litigation discovery through investigative subpoenas, often termed “civil investigative demands” (CIDs). Many attorneys general can also require sworn statements and answers to interrogatories pursuant to this statutory authority. Businesses should be aware (and beware) that failure to comply with a CID, in whole or in part, can have serious consequences.

https://www.adlawaccess.com/2023/03/articles/state-attorney-general-civil-investigative-demands-take-them-seriously/

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.adlawaccess.com/subscribe/

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

On March 13, 2023, the FTC submitted its 2024 budget request to Congress, along with a performance plan for FY 2023-2024 and a performance report for FY 2022. While generally an aspirational document, the budget includes a few notable asks that provide clues about agency priorities in the consumer protection space..

https://www.adlawaccess.com/2023/03/articles/reading-the-tea-leaves-in-the-ftcs-2024-congressional-budget-request/

Ioana Gorecki

(202) 342-8417

Bio: https://www.kelleydrye.com/Our-People/Ioana-Gorecki

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

A recent post on the FTC’s Business Blog notes that although there may be disagreement about what “artificial intelligence” or “AI” is, those terms are being used in marketing campaigns, and the FTC worries that some advertisers “won’t be able to stop themselves from overusing and abusing them.” To help those advertisers out, the FTC’s post includes four questions that they should ask themselves.

https://www.adlawaccess.com/2023/03/articles/ftc-reminds-advertisers-to-keep-ai-claims-in-check/

Gonzalo Mon

(202) 342-8576

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

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

For $9.99 per month, Pier 1 offers Pier 1 Rewards, a loyalty program that includes benefits such as a 10% discount on all purchases and free shipping and returns on eligible items. Until recently, when a consumer added an item to a cart, the company would automatically also add the Pier 1 Rewards membership to the cart (with a pre-checked box indicating acceptance) and apply the 10% discount. A consumer had to uncheck the box to remove the membership from the cart.

https://www.adlawaccess.com/2023/03/articles/nad-finds-dark-patterns-in-a-rewards-program/

Gonzalo Mon

(202) 342-8576

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

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Our State AG webinar series continues, this time with Consumer Protection Division Director Kevin Anderson and Deputy General Counsel Daniel Mosteller of the North Carolina Attorney General’s Office (NC AGO). During our webinar, we learned about the office’s structure, consumer protection work as it relates to public health issues, and the tools they have pursuant to the consumer protection laws of North Carolina. In case you missed it, here is a recording of the webinar. We have also recapped what we learned below.

https://www.adlawaccess.com/2023/03/articles/state-ags-and-consumer-protection-what-we-learned-from-north-carolina/

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

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

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach