In a decision with potentially far-reaching implications for the CFPB, a three-judge panel of the U.S. Circuit Court of Appeals for the Fifth Circuit yesterday ruled that the Bureau’s funding structure is unconstitutional. The case involved a longstanding challenge to the Bureau’s 2017 Payday Lending Rule and marks another significant obstacle for the Bureau two years after the Supreme Court’s decision in Seila Law that its leadership structure violated separation of powers principles.

https://www.adlawaccess.com/2022/10/articles/an-arrow-has-found-its-target-federal-appeals-court-deems-cfpb-funding-method-unconstitutional-invalidating-payday-lending-rule/

Donnelly L. McDowell

Partner

(202) 342-8645

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

Caroline T. Schmitz

(202) 342-8459

Bio - https://www.kelleydrye.com/Our-People/Caroline-T-Schmitz

Download the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-Advertising

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The FTC has long used policy statements, public workshops, reports, and warning letters to influence the marketplace and communicate its thinking about key issues and aspects of its mission. Examples from my tenure at the FTC include workshops and reports on big data, data brokers, mobile payments, and the internet of things; policy statements on deceptively formatting advertisements and homeopathic drug claims; and warning letters to a range of companies making health claims (see here, here, and here, for instance).

https://www.adlawaccess.com/2022/10/articles/the-ftcs-policy-statements-reports-and-warning-letters-why-are-there-so-many/

Contact


Jessica L. Rich


[email protected]


(202) 342-8580


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

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Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center

Find all of our links here https://linktr.ee/KelleyDryeAdLaw

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Produced by Jeff Scurry

Celebrities generally don’t like when companies use their images or names without permission. For example, Jennifer Love Hewitt didn’t love when a company used her image to promote a vitamin spray, and Michael Jordan seemed pretty upset when a grocery store used his name to promote a steak. Now, 50 Cent seems downright angry that his picture is allegedly being used by a plastic surgeon to promote “male sexual enhancement procedures.”

https://www.adlawaccess.com/2022/10/articles/50-cents-a-euphemistic-eggplant-and-the-right-of-publicity/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

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

Download the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-Advertising

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

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On October 4th, the FDA and CDC announced that the agencies have entered into a Memorandum of Understanding, renewing their collaboration to reduce the occurrence of foodborne illness in retail and foodservice establishments. The stated purpose of the partnership is to “help increase the consistency and capacity of retail food protection programs across the country, promote a general culture of food safety, and facilitate continued communication between the FDA and CDC in order to assist state, local, tribal, territorial, and industry partners.

https://www.adlawaccess.com/2022/10/articles/fda-and-cdc-agree-to-partner-to-reduce-foodborne-illness-in-retail-and-foodservice-establishments/

Kristi L. Wolff

(202) 342-8805

https://www.kelleydrye.com/Our-People/Kristi-L-Wolff

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Last week, a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The plaintiff alleges that the company used deceptive practices to automatically subscribe its Game Pass users to a new streaming service, NFL+, without their clear knowledge or consent, and that the NFL later made it difficult for them to cancel. It’s a little hard to tell from the complaint exactly what happened, but the gist of the argument is familiar.

The plaintiff alleges that when he learned that his Game Pass subscription was going to be converted to an NFL + subscription, he attempted to cancel. He found the cancellation instructions to be unclear and unintuitive, and he was charged a fee, even after he thought he had cancelled. His attempts to resolve the problem by talking to chatbots and live representatives were frustrating and didn’t help. The complaint then makes some interesting guesses about what happened behind the scenes.

https://www.adlawaccess.com/2022/10/articles/nfl-faces-automatic-renewal-lawsuit/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

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

Download the Ad Law Access App https://www.kelleydrye.com/News-Events/News/Press-Releases/Kelley-Drye-Unveils-First-of-its-kind-Advertising

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In these difficult financial times, some of us may turn to our financial advisors for advice. Others may turn to Kim Kardashian. If you fall into the latter category, you may have seen that last year, Ms. Kardashian posted a story on Instagram in which she shared what her “friends just told [her] about the Ethereum Max Token.” People who read the post could swipe up to join the E-Max Community and purchase tokens. Not disclosed – but not surprising – was the fact that Ms. Kardashian was paid $250,000 for the post.

https://www.adlawaccess.com/2022/10/articles/sec-is-the-latest-agency-to-keep-up-with-the-kardashians/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

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

Download the Ad Law Access App https://www.kelleydrye.com/News-Events/News/Press-Releases/Kelley-Drye-Unveils-First-of-its-kind-Advertising

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

Earlier this week, we posted that a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The complaint alleges that the NFL used “dark patterns” to enroll consumers in its NFL+ subscription without consent and that it then made it difficult for them to cancel. Although we don’t know exactly what happened in that case, these are themes that come up frequently in automatic renewal cases. These themes were also echoed in an announcement by Washington AG Bob Ferguson this week.

Paul L. Singer

(202) 342-8672

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

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

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

Beth Chun


[email protected]


(202) 342-8671


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

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

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

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach


Produced by Jeff Scurry

Download the Ad Law Access app - linktr.ee/KelleyDryeAdLaw

Is Discrimination “Unfair” Under the UDAP Laws? New Lawsuit Challenges CFPB’s Anti-Discrimination Guidelines

By Jessica Rich, Paul Singer & Alysa Z. Hutnik on September 30, 2022

POSTED IN CONSUMER FINANCIAL PROTECTION, CONSUMER PROTECTION


Most people would generally agree that discriminating on the basis of race, color, religion, disability, or similar factors is a bad thing to do – indeed, that it’s “unfair” within the common meaning of the word.  It’s also illegal in various circumstances – e.g., the Equal Credit Opportunity Act prohibits certain forms of discrimination in lending, the Fair Housing Act bans discrimination in housing, and Title VII of the Civil Rights Act prohibits various types of employment discrimination.

https://www.adlawaccess.com/2022/09/articles/is-discrimination-unfair-under-the-udap-laws-new-lawsuit-challenges-cfpbs-anti-discrimination-guidelines/

Jessica L. Rich


[email protected]


(202) 342-8580


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

Paul L. Singer

(202) 342-8672

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

Alysa Z. Hutnik


(202) 342-8603


[email protected]

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

Download the Ad Law Access app - linktr.ee/KelleyDryeAdLaw

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach


Produced by Jeff Scurry

Earlier this year, CARU’s new Advertising Guidelines went into effect, including various updates that were designed to apply to digital advertising. This week, CARU issued a warning to put “advertisers, brands, influencers and endorsers, developers, and others on notice that CARU’s Advertising Guidelines apply to advertising in the metaverse” and that “CARU will strictly enforce its Guidelines against metaverse advertising.”

https://www.adlawaccess.com/2022/08/articles/caru-and-ftc-express-concerns-about-advertising-to-kids-in-the-metaverse/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

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

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry