Hosted by Simone Roach

The California Assembly recently passed AB-1262 updating an existing law to further limit the use of personal information collected through connected TVs and smart speaker devices. Specifically, the bill prohibits:

* Operating a voice recognition feature of a connected TV or smart speaker without informing the consumer of the feature during setup or installation;

* Using any recording or transcription collected through the feature that qualifies as personal information for any advertising purpose (unless deidentified);

* Sharing such recordings or transcriptions, unless deidentified, with a third party without the consumer’s affirmative written consent; and

* Retaining such non-deidentified recordings or transcriptions electronically without the consumer opting in to such retention during installation or otherwise in the device settings.

Blog Post - https://www.adlawaccess.com/2021/05/articles/smart-ca-tvs-are-listening-california-assembly-passes-voice-recognition-device-bill-headed-to-senate/

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Contacts

Alysa Z. Hutnik

(202) 342-8603

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

Lauren F. Myers

(202) 342-8473 

Bio - https://www.kelleydrye.com/Our-People/Lauren-F-Myers

Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

Produced and recorded by Jeff Scurry

Hosted by Simone Roach

In this podcast, we provide an overview of topics that employers should know as the sunset of the employer exception to CCPA approaches.

Last year’s voter guide to California Proposition 24, the California Privacy Rights Act (CPRA), included a stark argument against enacting the privacy ballot initiative because it did not go far enough to protect employee privacy.  “Currently, employers can obtain all kinds of personal information about their workers and even job applicants,” the argument against Proposition 24 written by Californians for Privacy Now stated.  “Proposition 24 allows employers to continue secretly gathering this information for more years to come…”

The message did not stick.  Voters overwhelmingly enacted the CPRA, apparently judging that its provisions – including those that apply to employers – were worth an additional two-year waiting period.  The effective date of the new law is January 1, 2023.

As companies build their roadmap to CPRA compliance, that assessment should also take into account planning for employee and job applicant privacy changes.  The new law imposes first in the nation obligations that grant employees and job applicants new rights to access, correct, delete, and opt out of the sale or sharing of their personal information.  The law also prohibits discriminating against employees or job applicants who lodge privacy rights requests.

Blog Post - https://www.adlawaccess.com/2021/06/articles/cpra-update-how-to-prepare-for-privacy-compliance-as-an-employer/

Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/

Contacts

Alysa Z. Hutnik

(202) 342-8603

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

Alexander Schneider

(202) 342-8634

Bio - www.kelleydrye.com/Our-People/Alex…der-I-Schneider

Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

Produced and recorded by Jeff Scurry

Hosted by Simone Roach

The nonprofit Earth Island Institute filed a lawsuit alleging false and deceptive representations as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.

Blog Post - https://www.adlawaccess.com/2021/06/articles/new-esg-lawsuit-targets-aspirational-statements/

Contact

Gonzalo E. Mon


[email protected]


(202) 342-857

6
Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon

Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

Recorded and produced by Jeff Scurry

Hosted by Simone Roach

The California Privacy Rights Act (CPRA), effective January 1, 2023, adds “contractors” to the list of entities that a business may entrust with customer data.  So what is a “contractor?”  And how are “contractors” different from other entities described by California privacy law, such as “service providers” or “third parties?”

As it turns out, the answer is surprising.  Contractors are nearly identical to service providers, with just two differences:  contractors are not data processors; and contractors must make a contractual certification in CCPA contracts.  Moreover, contractors are not even new entities, and were already described in existing California privacy law.

See the blog post for summaries mentioned in this podcast

Blog Post - https://www.adlawaccess.com/2021/06/articles/cpra-update-what-is-a-contractor/

Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/

Contacts

Alysa Z. Hutnik

(202) 342-8603

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

Alexander Schneider

(202) 342-8634

Bio - www.kelleydrye.com/Our-People/Alex…der-I-Schneider

Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

Recorded and produced by Jeff Scurry

Partners Aaron Burstein and Laura VanDruff and of counsel Jessica Rich discuss where the FTC has been, where it’s at, and where it is going. Along the way they provide practical knowledge about how FTC investigations begin, responding to a CID, and more information on the post AMG Commission.

For more on where it is heading, check our recent blog posts:

What Rulemaking is the FTC planning for 2022? Now We Know

https://www.adlawaccess.com/2021/12/articles/what-rulemaking-is-the-ftc-planning-for-2022-now-we-know/

Where to Find More Info on the FTC’s Top Rules for 2022

https://www.adlawaccess.com/2021/12/articles/where-to-find-more-info-on-the-ftcs-top-rules-for-2022/

Contacts

Aaron Burstein 

(202) 342-8453

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

Laura Riposo VanDruff 

(202) 342-8435

Bio - https://www.kelleydrye.com/Our-People/Laura-Riposo-VanDruff


Jessica L. Rich


[email protected]


(202) 342-8580


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

Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

With Jeff Scurry

Hosted by Simone Roach

For the first time in two years, State Attorneys General and their key consumer protection staff have gathered in Washington D.C. to attend the National Association of Attorneys General Fall Consumer Protection conference.  For State AG staff in particular, this meeting, and its Spring counterpart, may be the most important and well attended event of the year with over 400 attendees total.  Priorities for the Attorneys General are often shaped at these meetings, and they present a unique opportunity for industry to get insight.

Blog Post - https://www.adlawaccess.com/2021/11/articles/state-attorneys-general-lay-out-consumer-protection-priorities-for-2022/

Contacts

Paul L. Singer

(202) 342-8672

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

Beth Chun

(202) 342-8671

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

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

Produced and recorded by Jeff Scurry

Hosted by Simone Roach

Peloton Interactive sells exercise bikes and treadmills that can stream live and on-demand fitness classes. For a while, the company advertised that its library of classes was “ever-growing.” Although that may have been true when the company first made the claim, things changed. In response to a lawsuit related to the music used in some classes, Peloton cut more than half of its content in 2019. Soon after, plaintiffs filed a class action lawsuit against the company, arguing that the “ever-growing” claim was false.

Blog Post - https://www.adlawaccess.com/2020/11/articles/peloton-faces-uphill-ride-on-every-growing-claims/

Contact

Gonzalo Mon

(202) 342-8576

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

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

Produced and recorded by Jeff Scurry

Hosted by Simone Roach

Jessica Rich recently wrote about the FTC’s rulemaking plans for 2022. Make sure you read that post for a detailed analysis of what the Commission is planning. As we looked at which of those topics have generated the most interest on Ad Law Access recently, we wanted to point you to where you can find additional information.

The FTC will review its Guides Against Deceptive Pricing and its Guide Concerning Use of the Word “Free” and Similar Representations. Although most of the activity in these areas has taken place at the state level, it will be interesting to see what the FTC adds to the ongoing conversation. (For more coverage on pricing claims see https://www.adlawaccess.com/articles/pricing-and-timing/)

The FTC will review its Guides for the Use of Environmental Marketing Claims. A lot has changed since the Guides were last updated in 2012 and, as we’ve noted before, the lack of clarity in certain areas is leading to an increase in lawsuits and other challenges. (Click here for more coverage on green marketing see https://www.adlawaccess.com/articles/green-marketing/)

The FTC is still analyzing and reviewing the public comments it has received as part of its review of the Children’s Online Privacy Protection Rule (or “COPPA”). That hasn’t stopped the FTC and other regulators for brining enforcement actions, though. (For more coverage on children’s privacy see https://www.adlawaccess.com/articles/privacy-and-information-security/coppa/)

The FTC is still analyzing and reviewing the public comments it has received as part of its review of the Endorsement Guides. As we’ve noted, this has been a hot topic, and the FTC recently sent out 700 warning letters, which could signal upcoming enforcement. (For more coverage on endorsement issues see https://www.adlawaccess.com/articles/influencers/)

We’ll keep you posted, as these develop. In the meantime, rest up over the holidays because 2022 could be a bumpy year.

Blog post - https://www.adlawaccess.com/2021/12/articles/where-to-find-more-info-on-the-ftcs-top-rules-for-2022/

Contact

Gonzalo Mon

(202) 342-8576

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

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

Produced and recorded by Jeff Scurry

Hosted by Simone Roach

Some might have the mistaken impression that State AGs rarely delve into health related cases, believing them to be largely preempted by the FDA. However, these days there is little doubt that the Attorneys General are able to wield their Unfair and Deceptive Trade Practice laws with considerable weight in the health realm. As the Tobacco, Opioids, and now vaping health crises have developed, State AGs have been at the forefront to put a stop to marketing practices and obtain redress for those harms. The past several weeks we have seen interesting State AG developments as they have continued targeting individuals in their health enforcement actions.

Blog Post - https://www.adlawaccess.com/2021/12/articles/state-attorneys-general-address-national-health-crises-one-person-at-a-time/

Contacts

Paul L. Singer

(202) 342-8672

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

Beth Chun

(202) 342-8671

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

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com

Produced and recorded by Jeff Scurry

Hosted by Simone Roach

A wave of consumers have filed putative class action complaints against a long list of consumer-facing website owners/operators and their software providers alleging invasion of privacy rights under statutes focused on wiretapping and eavesdropping.

Our team has represented both website and software defendants in these cases. However, this post is not intended to reflect on any specific claim, website, or software. Rather, our goal is to provide an introduction to the general nature of the consumer claims and current landscape of these litigations.

This post summarizes (1) the “session replay” technology at issue in these claims; (2) arguments presented by the Complaints; (3) an overview of common defenses; and (4) where things stand. With that context, we then provide our list of practical considerations for the use of session replay software.

Blog Post -https://www.adlawaccess.com/2021/05/articles/privacy-litigation-trend-the-latest-on-session-replay-lawsuits-and-practical-considerations-for-risk-mitigation/

Contacts

Paul A. Rosenthal

(973) 503-5943

Bio - https://www.kelleydrye.com/Our-People/Paul-A-Rosenthal

Laura A. Mazzuchetti

(973) 503-5910

Bio - https://www.kelleydrye.com/Our-People/Lauri-A-Mazzuchetti

Alysa Z. Hutnik

(202) 342-8603

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

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

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com