With the election decided, the speculation has begun. In our area of the law, that means a number of things, including what will happen at the FTC – with the current Commission and Chair Khan, with recently announced rules and those forthcoming, and with pending and future investigations, amongst other issues. Here are some of
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State AG Election Update
State attorneys general are the primary enforcers of consumer laws within their states and their activities and enforcement actions can have great impact on businesses and consumers. When the officeholder changes, often so do the priorities of the office (even for changes within a party). Therefore, staying informed about state AG election winners can be…
NAD Recommends More Prominent Disclosures on Beauty Influencer Posts
Last year, the FTC updated its Endorsement Guides to impose more stringent requirements on how influencers must disclose their relationships to the companies whose products they promote. Although the FTC later sent letters to two trade associations and 12 influencers warning that their disclosures failed to comply with the new requirements, the agency has been…
AI Alert: CFPB Tightens FCRA Rules for Employers
On Friday, we shared insights on the CFPB’s recent circular regarding the Fair Credit Reporting Act’s (FCRA) application to employer background checks and algorithmic tools. This development has significant implications for employers and software providers alike, marking a shift in how technology used for employment purposes is regulated under the FCRA.
The CFPB’s new stance…
LA Files a Lawsuit Alleging Plastic Recycling Deception as a Similar NY Suit is Dismissed
By Katie Rogers
On October 31, 2024, LA County Counsel filed a lawsuit against PepsiCo and Coca Cola on behalf of California in an attempt to hold the companies “accountable for their role in the plastic crisis that is overwhelming the County.” On the same day, a New York state judge dismissed a similar lawsuit that the NY…
How Elon Musk’s $1 Million Election Sweepstakes May Affect Other Sweepstakes
Earlier this week, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledge to support the Constitution. The lawsuit alleges that the sweepstakes is “indisputably an unlawful lottery.” There’s arguably a lot wrong with the sweepstakes, but is it really a…
Kelley Drye to Attend ANA’s 2024 Masters of Advertising Law Conference
The Association of National Advertisers is hosting the nation’s leading advertising, marketing, promotions, and privacy law conference November 11-13 at the Fairmont Scottsdale Princess in Scottsdale, Ariz. If you plan to attend this conference, we would love to see you! Here is where you can find us:
- On Monday, November 11, Gonzalo Mon
will present
…
State AGs Aim Spotlight on Robocall “Gateway” Service Provider
Combatting robocalls has been and continues to be an important area of enforcement for State Attorneys General, as we have previously reported. On October 18, 2024, the Anti-Robocall Multistate Litigation Task Force (Task Force), comprised of 51 bipartisan State AGs, released a notice letter outlining concerns that a Florida-based company was “transmitting suspected illegal…
CFPB Pushes Move to an Open Banking System with the Personal Financial Data Rights Rule and Sparks Immediate Court Challenges from Industry
On Tuesday, the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule that requires many financial institutions, credit card issuers, and other financial service providers that facilitate payments (including mobile wallets and payment apps) to support new open banking standards and make account records accessible and portable. The…
Amidst AI Crackdown Hype, FTC Stakes Out Aggressive New Position on Unfairness and Means and Instrumentalities Liability
Much has already been said and written about the FTC’s recent enforcement initiative, dubbed “Operation AI Comply.” The coordinated sweep announced last month involved five separate FTC enforcement actions against companies using or claiming to use AI tools to enhance consumer goods and services. For example, as part of the sweep, the FTC targeted a…