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  • Podcast: Automatic Renewal Plans

    As we have discussed here on Ad Law Access, subscription plans that automatically renew at the end of a term have become more popular with companies and they’re also getting more scrutiny from regulators. On the latest episode of the Ad Law Access Podcast, partner Gonzalo Mon provides an update on some of the laws and challenges...

  • Podcast: Rethinking TCPA Enforcement

    In the latest episode of Full Spectrum’s Inside the TCPA series, Partner Steve Augustino and Senior Associate Brad Currier take a closer look at shifting strategies to provide effective enforcement of TCPA violations. Unlike TCPA actions of the past, which focused primarily on the entity that is placing the call, these new TCPA actions rely...

  • U.S. increases tariffs on European aircraft: EU response a litmus test for transatlantic trade relations

    Last Friday the United States Trade Representative (USTR) ramped up its tariffs on European aircraft, increasing the duty from 10% to 15%, effective March 18. It also announced it would make minor modifications to 25% tariffs imposed on cheese, wine, Irish and Scotch whisky, and other non-aircraft products from the EU, namely adding a 25%...

  • CFIUS finalizes expanded jurisdiction over foreign transactions in U.S. real estate

    On January 17, 2020, the U.S. Treasury Department published final rules in the Federal Register implementing the Foreign Risk Review Modernization Act (“FIRRMA”), one of which implements FIRRMA’s provisions regarding foreign investments in U.S. real estate.  In accordance with FIRRMA’s expansion of Committee on Foreign Investment in the United States (“CFIUS”) jurisdiction, these final rules...

  • Manufacturing “Smart” Devices? NIST Security Has Recommendations

    Regulatory interest in Internet of Things (“IoT”) devices is growing, partly in response to concerns about device security. In January, for example, California’s IoT Law (SB 327) went into effect. This law requires manufacturers of IoT devices to equip the devices with reasonable security features appropriate to the nature and function of the device, the...

  • FCC Proposes Updated Hearing Aid Compatibility Standard for Wireless Handsets

    At its January 30 Open Meeting, the FCC approved a Notice of Proposed Rulemaking (“NPRM”) that would require wireless handset manufacturers to comply with the 2019 version of the American National Standards Institute (“ANSI”) technical standard for hearing aid compatibility. With the proposed changes, wireless handset manufacturers and wireless service providers, including resellers, would be...

  • Podcast: C-Band Reform

    Following their recent episode on the FCC’s C-Band Proceeding addressing use of the 3.7-4.2 GHz spectrum range, Partners Chip Yorkgitis and Josh Guyan are back to discuss the recently released draft Report and Order, which is expected to be adopted at the FCC’s February 28th meeting. The Order would transition the use of the C-Band...

  • EPA Consent Agreement Sets Schedule for Hazardous Substance Spill Response Rulemaking (**Updated**)

    EPA has agreed, in a draft settlement, to conduct a rulemaking regarding the establishment of regulations to address potential “worst case” spills of hazardous substances similar to the existing “Facility Response Plan” (FRP) program for oil.  In a consent decree reached with the Natural Resources Defense Council (NRDC) and other environmental groups, published in the...

  • Podcast: CCPA Update – Attorney General Proposes Modified Draft Regulations

    On the latest episode of the Ad Law Access Podcast, senior associate Katie Townley and associate Carmen Hinebaugh review a number of the proposed modified draft regulations the California Attorney General published last Friday. (See our blog post here.) The Ad Law Access podcast is available through Apple Podcasts, Spotify, Google Play, SoundCloud, or wherever you get your podcasts. Privacy law 10

  • FTC Seeks Public Comment on Endorsement Guides

    This morning, the FTC announced that it is seeking public comment on whether to make changes to its Endorsement Guides as part of the agency’s systematic review of all current rules and guides. The Guides were first enacted in 1980, and updated in 2009 to more directly address social media. Among other things, the Guides states that influencers...

  • California Proposes to Clarify Prop 65 Requirements for Internet and Electronic Sales

    On January 31st, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments aimed at clarifying certain provisions of the Proposition 65 warning regulations governing internet, electronic, and catalog sales.  The proposal comes in response to ongoing questions about the requirement in the current regulations (i.e., the “safe harbor” warning provisions of Article 6.

  • BodyArmor targeted in putative class action alleging the drink’s advertising misleads consumers as to its health benefits, continuing a trend

    The plaintiffs’ class action bar continues to target “healthy” advertising claims made by food and beverage companies by bringing expensive class action lawsuits against the companies. The latest company forced to defend its advertising is BA Sports Nutrition, LLC, the maker of BodyArmor SuperDrink, which was recently hit with a putative class action in the...

  • CCPA Update: Attorney General Proposes Modified Draft Regulations

    On Friday, California Attorney General Xavier Becerra released proposed modifications to the formerly-released draft regulations implementing the California Consumer Privacy Act (CCPA). The modifications reflect the Attorney General’s response to public comments issued in response to the draft regulations and arguably represent a rollback of key provisions previously proposed. The modifications...

  • Pai Offers Highlights of His 3.7-4.2 GHz Band Proposal; Particulars Presently Forthcoming

    On Thursday, February 6, in a speech at the Information Technology and Innovation Foundation, Federal Communications Chairman Ajit Pai outlined his proposal for the realignment of 3.7-4.2 GHz, the so-called C-Band. Later in the day, the FCC website posted a summary of the Chairman’s proposals, and Republican Commissioners Carr and O’Rielly released statements in support...

  • Podcast: C-Band Update

    Our “Tuning into Spectrum” podcast series takes a close look at hot topics and issues in radio spectrum. Recently, in a letter to Senator Kennedy (R-LA), Chairman Pai stated that he intends to conduct a public auction of the 3.7-4.2 GHz spectrum range (commonly referred to as the C-Band) that would clear 280 megahertz for...

  • FCC Makes Remote VRS Call Assistants Pilot Program Permanent

    At its Open Meeting on January 30, the FCC adopted a Report and Order (“Order”) making video relay service (“VRS”) calls that use communications assistants (“CAs”) that work from home (as opposed to at a call center) eligible for compensation from the Telecommunications Relay Service (“TRS”) Fund. According to the FCC, this change will afford...

  • The United States and India Set to Complete Limited Trade Deal

    The United States and India are working to complete a limited trade deal later this month. U.S. Trade Representative Robert Lighthizer will travel to India to finalize the agreement in the coming weeks. President Trump is expected to sign the agreement when he visits India around February 24-25, his first trip to India as president....

  • The Eleventh Circuit Weighs in on ATDS Definition

    Nearly two years ago, in ACA International v. FCC, the DC Circuit reversed the FCC’s 2015 order interpreting the term “automatic telephone dialing system” (ATDS) in the Telephone Consumer Protection Act (TCPA) and remanded that interpretation for further consideration.  Since that time, callers, call recipients, practitioners and litigants have all been awaiting the FCC’s remand...

  • New FTC Settlement Targets Fake Ratings and Reviews

    Yesterday, the FTC announced that it had reached a settlement with LendEDU and three of its officers over misleading ratings and reviews. LendEDU runs a website that compares student loans and other financial products. Although they advertised that the ratings are on the site are “completely objective and not influenced by compensation,” the FTC argued...

  • The Eleventh Circuit Weighs In On ATDS Definition

    In Glasser v. Hilton Grand Vacations Company, LLC, the Eleventh Circuit addressed a pair of appeals that presented the question of the appropriate definition of an automatic telephone dialing system (“ATDS”) as set forth in the Telephone Consumer Protection Act (“TCPA”).  In answering that question, the Eleventh Circuit expanded upon the Third Circuit’s ruling in...

  • Podcast: Sweepstakes and Contests

    On the latest episode of the Ad Law Access Podcast, Senior Associate Katie Townley makes her podcast debut with a discussion of promotions. Katie provides this Taylor Swift contest as an example of how things can go wrong. For additional information on promotions and other issues, visit the Advertising and Privacy Law Resource Center. Please...

  • The Boundaries of the FTC’s Section 13(b) Authority: 24 State AGs Weigh In

    On January 30th, 24 State Attorneys General*, led by Kwame Raoul (D) of Illinois, submitted an amici curiae brief in support of the Federal Trade Commission’s position in FTC v. Credit Bureau Center LLC. These State AGs are in agreement with the FTC, which has argued that the district court’s authority to grant a permanent...

  • The United States vs. Robocalls

    On December 31, 2019, the most significant anti-robocall legislation in fourteen years was signed into law. The Pallone-Thune TRACED Act increases the penalties for transmitting illegal calls under the Telephone Consumer Protection Act (“TCPA”), extends the FCC’s statute of limitations for bringing some enforcement actions and eliminates the requirement to give warnings before issuing certain...

  • Coronavirus Activates EPA Emerging Pathogens Rapid Response

    In response to coronavirus cases now appearing in the U.S., yesterday, EPA announced that the agency has activated its Emerging Viral Pathogens Guidance for Antimicrobial Pesticides (a copy of which can be found here). The voluntary guidance, issued in August 2016, details a process by which companies holding current EPA registrations under the Federal Insecticide Fungicide...

  • UPDATE: Section 232 Steel and Aluminum Derivatives List Extremely Limited

    Late last Friday evening, President Trump issued a proclamation imposing duties on imports of certain derivatives of steel and aluminum articles that have been found to threaten the national security.  The proclamation specifically identified products that were subject to the new duties (effective February 8, 2020), but it was unclear whether two yet-to-be-released Annexes would...

  • CFIUS Publishes Final FIRRMA Rules Reflecting Minor Changes and Exceptions to Expanded Jurisdiction

    On January 17, the U.S. Treasury Department issued final rules implementing the Foreign Investment Risk Review Modernization Act (“FIRRMA”), which expanded and clarified the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”) (an additional final rule regarding real estate transactions was published the same day and will be the subject of...

  • The U.S. Approach to Privacy: What Is It, and Where Is It Headed? (Data Privacy Day)

    As we mark Data Privacy Day, today is a good time to take stock of where U.S. privacy legislation stands in relation to the developments of the past few years. In less than two years, the GDPR and the CCPA became the most comprehensive privacy laws in effect, granting individuals extensive rights over their information,...

  • Section 232 Duties Expanded to Certain Derivative Articles

    On Friday, January 24, 2020, President Trump issued a proclamation expanding duties imposed on steel and aluminum articles pursuant to Section 232 of the Trade Expansion Act, commonly referred to as “Section 232 duties,” to certain downstream steel and aluminum “derivatives.” Application of 232 duties to “derivative articles” is authorized by statute.  Indeed, while the...

  • CFPB Clarifies Standard for Determining “Abusive” Practices

    The CFPB announced today a policy statement outlining three new principles that it intends to apply when evaluating whether practices are “abusive” under the Dodd-Frank Act.  The Dodd-Frank Act marked the first time that a federal or state regulator was granted the authority to regulate broadly “abusive” acts and practices.  While Dodd-Frank provided a general...

  • Kelley Drye Launches Advertising and Privacy Law Resource Center

    Kelley Drye & Warren LLP today announced the launch of a microsite dedicated to the legal issues regarding advertising, privacy and data security, and consumer product safety. The Advertising and Privacy Law Resource Center, available via www.KelleyDrye.com, provides practical, relevant information to help in-house counsel answer the questions and solve the problems that they face on...

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