While seventeen new state attorneys general are now sworn in and getting settled into their offices across the country, consumer protection continues to be the top of their agenda. Enforcement continues to take shape in different forms including individual actions, multistate investigations, and partnering with the Federal Trade Commission (FTC). This year we expect states to target particularly salient issues such as dark patterns, autorenewal concerns, and/or data security and privacy, but those priorities will continue to evolve through discussions at the forums of their main national organizations.

https://www.adlawaccess.com/2023/02/articles/state-ags-and-consumer-protection-what-we-learned-from-tennessee/

Paul Singer

(202) 342-8672

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

Abigail Stempson

(202) 342-8678

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

Beth Chun

(202) 342-8671

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

Kaelyne Wietelman

(202) 342-8478

https://www.kelleydrye.com/Our-People/Kaelyne-Yumul-Wietelman

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Mikayla Nogueira is a 24-year-old beauty influencer with over 14 million followers on TikTok. At last count, that’s more than the number of followers we have at Ad Law Access, so she must be doing something right. (Or perhaps we’re doing something wrong by neglecting our readers’ beauty needs, but that’s a topic for another day.) In any event, Mikayla recently shared a tip that “literally just changed [her] life” and figuratively just ignited a battle on the internet.

https://www.adlawaccess.com/2023/01/articles/influencers-long-lashes-could-raise-ad-law-issues/

Gonzalo Mon

(202) 342-8576

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

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Instant Brands advertises that its Pyrex glass products are “Proudly Made in USA” and as “American as Apple Pie.” For many years, it appears that Instant Brands’ claims complied with the requirements set forth in FTC’s Made in USA Labeling Rule. But when the COVID-19 pandemic hit and consumers who were stuck at home turned to baking for solace, Instant Brands had trouble meeting the increased demand for its products and it had to look for options outside the country.

https://www.adlawaccess.com/2023/01/articles/ftc-challenges-half-baked-made-in-usa-claims/

Gonzalo Mon

(202) 342-8576

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

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The Federal Communications Commission (“FCC” or “Commission”) is seeking comments on a Notice of Proposed Rulemaking (NPRM) to refresh its customer proprietary network information (“CPNI”) data breach reporting requirements (the “Rule”). Adopted earlier this month by a unanimous 4-0 vote of the Commission, the NPRM solicits comments on rule revisions that would expand the scope of notification obligations and accelerate the timeframe to notify customers after a data breach involving telephone call detail records and other CPNI. The FCC cites “an increasing number of security breaches of customer information” in the telecommunications industry in recent years and the need to “keep pace with today’s challenges” and best practices that have emerged under other federal and state notification standards as reasons to update the Rule.

https://www.adlawaccess.com/2023/01/articles/fcc-seeks-comments-on-updates-to-cpni-breach-reporting-rule/

Aaron Burstein

(202) 342-8453

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

Alex Schneider

(202) 342-8634

https://www.kelleydrye.com/Our-People/Alexander-I-Schneider

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These days, consumers can obtain everything from newspapers to meal kits to credit monitoring services through subscriptions. The prevalence of these services, and the ease with which consumers can sign up, have gotten the attention of regulators who are concerned that some negative option marketing might confuse or trick consumers. The CFPB, FTC, and state AGs have been particularly vocal about practices they deem “dark patterns,” and continue to focus on the area.

Recently, the CFPB put out guidance warning covered companies and service providers that “dark patterns” surrounding negative option marketing violate the Consumer Financial Protection Act’s prohibition on unfair, deceptive, or abusive acts or practices.

https://www.adlawaccess.com/2023/01/articles/regulators-continue-to-focus-on-dark-patterns-in-negative-option-marketing/

Kate White

(202) 342-8855

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

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The Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate nearly every employer in the nation. If a final rule emerges from this proposal it could potentially prohibit non-disclosure, non-solicitation, and non-recruitment agreements and functional non-compete clauses. How can individual firms and industry groups alike weigh in on one of the most substantial regulatory actions facing employers right now? And what should businesses do to prepare? Kelley Drye’s Labor and Employment practice shares practical guidance to help employers prepare for a world without noncompetes.

https://www.adlawaccess.com/2023/01/articles/ftc-insights-how-employers-can-prepare-for-a-world-without-noncompetes/

William MacLeod

(202) 342-8811

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

Mark Konkel

(212) 808-7959

https://www.kelleydrye.com/Our-People/Mark-A-Konkel

Blythe Lovinger

(212) 808-7825

https://www.kelleydrye.com/Our-People/Blythe-E-Lovinger

Shea O'Meara

(212) 808-5042

https://www.kelleydrye.com/Our-People/Shea-O-Meara

Jessica Rich

(202) 342-8580

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

Kate White

(202) 342-8855

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

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By now, most of our readers have likely heard about the FTC’s proposed rule to ban noncompete clauses in employment contracts, including from Kelley Drye’s other posts on the topic discussing the sheer breadth of the proposal and the potential implications for employers. In this post, we zero in on an issue that merits a lot more attention than it’s getting – namely, the serious legal and practical questions that the FTC’s proposal raises.

https://www.adlawaccess.com/2023/01/articles/the-ftcs-proposal-to-ban-noncompetes-is-on-shaky-legal-ground/

Jessica Rich

(202) 342-8580

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

Kate White

(202) 342-8855

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

William MacLeod

(202) 342-8811

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

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Consumers increasingly want to feel good about their buying decisions and like-minded companies often look for ways to communicate how they align with consumers through “cause marketing” campaigns. One popular type of campaign – commonly called a “commercial co-venture” or “CCV” campaign – involves a for-profit company advertising that a portion of a purchase will benefit a charity.

https://www.adlawaccess.com/2023/01/articles/new-california-law-governing-commercial-co-ventures-now-partly-in-effect/

Christie Grymes Thompson

(202) 342-8633

Bio - https://www.kelleydrye.com/Our-People/Christie-Grymes-Thompson

Gonzalo Mon

(202) 342-8576

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

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On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice company purporting to offer training from experts on trading strategies, made a series of unsubstantiated earnings claims such as “make $24,840 or more every single week,” “track the BIG money,” and the opportunity may “quite literally transform your life.”

https://www.adlawaccess.com/2023/01/articles/two-firsts-for-ftc-civil-penalty-enforcement-rosca-for-automatic-renewals-and-penalty-offense-authority-for-money-making-claims/

Donnelly McDowell

(202) 342-8645

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

John Villafranco

(202) 342-8423

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

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Last week, the Federal Trade Commission revealed what it meant when it vowed to be more than an antitrust and consumer protection agency. It announced a proposal to regulate virtually every labor and service relationship in the United States and make it more lucrative for people to quit.

https://www.adlawaccess.com/2023/01/articles/ftc-proposes-to-regulate-virtually-every-labor-relationship-in-the-united-states/

William MacLeod

(202) 342-8811

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

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