Kelley Drye & Warren LLP (LexBlog United States)

3126 results for Kelley Drye & Warren LLP (LexBlog United States)

  • The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

    Original Kelley Drye Client Advisory posted on June 30, 2022. In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to regulate greenhouse gases. The Court’s decision limits EPA’s authority pursuant...

  • On Notice: “Notice at Collection” and Privacy Policy Requirements Under the CPPA’s Draft Regulations

    Among the many details to absorb in the draft amendments to the CCPA regulations published by the California Privacy Protection Agency (“CPPA”) on May 27 (the “Draft Regulations”) are new and prescriptive disclosure requirements for notices at collection and privacy policies. While these disclosure provisions (and all of the other provisions of the Draft Regulations)...

  • Chelsea Handler Sues ThirdLove Over Endorsement Deal

    Last week, Chelsea Handler filed a lawsuit against ThirdLove, alleging that the lingerie company failed to honor its contractual commitments to her and refused to compensate her for an advertising campaign it had hired her to spearhead. According to the complaint, the parties negotiated and finalized a term sheet by December 21, 2021 for a...

  • TINA.org Urges Investigation into Hello Fresh

    TINA.org recently announced that it had filed complaints with the FTC and the Connecticut Department of Consumer Protection, urging them to investigate Hello Fresh’s marketing practices related to a campaign advertising “free” meals in order to encourage consumers to sign up for a subscription. The complaints touch on a number of issues we post about...

  • FTC Announces Two Actions on Right to Repair While Legislative Efforts Continue

    The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was “scant evidence to support manufacturers’ justifications for repair restrictions.” After that, they issued a Policy Statement calling for...

  • Carnival Cruise Brings Multistate Data Breach into Port

    Even as states continue to pass comprehensive privacy laws, Attorneys General remain active enforcing their data breach laws and utilizing their deceptive trade practice authority in the privacy space.  Just last week, 46 State AGs signed on to a settlement, which took the form of an Assurance of Voluntary Compliance, with international cruise corporation Carnival...

  • Update on “Three Corners” Federal Privacy Bill: Still Moving Forward, Cloudy Skies Ahead, FTC On Deck

    For those not following every detail regarding the progress of the “three corners” federal privacy bill, here’s a summary of where things stand. In brief, on June 23, the House E&C Consumer Protection Subcommittee held a markup during which it considered a substitute version of the bill (HR 8152), approved it by voice vote, and...

  • Upcoming Webinars: State Attorneys General 102 and How To Protect Employee/HR Data and Comply with Data Privacy Laws

    June 30 State Attorneys General 102 As discussed in State Attorneys General 101, State Attorneys General are the primary enforcers of consumer protection laws within their state and hold sweeping powers to protect the public they serve by launching investigations and litigation alone or in multi-state actions involving numerous states and territories across the country....

  • EPA Advances on Key PFAS Roadmap Deadlines

    Original Kelley Drye Client Advisory posted on June 17, 2022. In the last two weeks, the Environmental Protection Agency (“EPA”) has taken two major steps forward on its regulation of the “forever chemicals,” per- and polyfluoroalkyl substances (“PFAS”), to advance implementation of its PFAS Roadmap, released in October 2021.  Specifically, EPA (1) established drinking water...

  • Readout on House Privacy Hearing: Wide Attendance, Lots of Issues, Full Steam Ahead

    On June 14, the House E&C Subcommittee on Consumer Protection and Commerce held a hearing to consider issues and concerns raised by the “three corners” privacy “discussion draft” released to the public June 3. As we blogged last week, the American Data Privacy and Protection Act (ADPPA) is an historic bipartisan compromise among three key...

  • Webinar Replay: A Readout Of The California Privacy Protection Agency’s Draft Proposed CPRA Regulations

    The spotlights of the consumer privacy world are once again on California after the new California Privacy Protection Agency made a surprise Friday night release of its draft California Privacy Rights Act (CPRA) regulations on May 27, 2002. In this webinar in association with Mondaq, Robert Cunningham and Rod Ghaemmaghami provided observations on the proposed...

  • Biden Administration Invokes DPA to Advance Clean Energy Goals

    On Monday, June 6, 2022, President Biden invoked the Defense Production Act of 1950 (“DPA”) with the intent to accelerate domestic manufacturing in the renewable energy sector.  In addition to furthering the Administration’s clean energy agenda, Deputy Secretary of Defense Dr. Kathleen Hicks explained this action will strengthen U.S. national security, noting the vulnerability of...

  • CPRA Update: California Privacy Protection Agency Votes to Begin Rulemaking Process

    On Wednesday, June 8, the California Privacy Protection Agency (CPPA) Board voted 4-0 (with one member absent) to initiate the CPRA rulemaking process based on the draft regulations released on May 27th prior to the Memorial Day holiday.  (To learn more, please see New California Draft Privacy Regulations: How They Would Change Business Obligations and...

  • Revisions to Prop 65 Short-Form Warnings on Hold; New Proposal Expected

    The California Office of Environmental Health Hazard Assessment (OEHHA) has announced that it will not be moving forward with the current proposal to amend Proposition 65 “short-form” warnings and that the agency will initiate a new rulemaking in coming weeks.  The regulatory delay is due to the state’s procedural rulemaking requirements, and does not signal...

  • YouTube Faces Suit Over Automatic Renewal Practices

    Last month, plaintiffs filed a class action lawsuit against YouTube (and its parent company Google), alleging that the company violates Oregon laws by automatically renewing paid subscriptions to premium music, television, and video streaming services without adequately disclosing the offer terms or getting consent. Specifically, the complaint alleges that the company violated Oregon’s automatic...

  • Webinar Replay: State Attorneys General 101

    Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Senior Associate Beth Chun and Abby Stempson, Director of the Center for Consumer Protection, National Association of Attorneys General (NAAG) presented State Attorneys General 101. This webinar covered the basics of State AG consumer protection powers, what to expect if you find yourself a target of attorneys general...

  • Upcoming Events and Other Ways to Stay Informed

    We like to occasionally use this space to let you know about upcoming events that you may not have heard about: June 8 State Attorneys General 101 Please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Senior Associate Beth Chun and Abby Stempson, Director of the Center for Consumer Protection, National Association of Attorneys General...

  • New Bipartisan Federal Privacy Bill – Breakthrough, Too Late, or Both?

    On Friday June 3, a bipartisan group of leaders from key House and Senate committees released a new  “discussion draft” bill to establish nationwide standards for consumer privacy. The proposal (the American Data Privacy and Protection Act) builds on prior bills put forth by both Democrats and Republicans, as well as principles and provisions contained...

  • FTC Seeks Comments on Updates to Disclosure Guidelines

    When a disclosure is necessary to prevent an ad from being misleading, the disclosure must be presented in a “clear and conspicuous” manner. Exactly what that means depends a lot on the context, but in order to give the advertisers a framework of what to consider, the FTC published its .com Disclosure Guidelines. Last updated...

  • What the FTC’s Proposed Changes to its Endorsement Guides Suggest about Influencer Marketing

    Last month, my colleagues posted about the FTC’s proposed changes to the Endorsement Guides. This post takes a closer look at how those proposed changes could impact influencer campaigns by answering five questions that we frequently get from marketers. What is an endorsement? The FTC provides new guidance on what constitutes an “endorsement.” In one...

  • Insights into Texas’ Content Moderation Law

    On May 31, the US Supreme Court reinstated an injunction first implemented in December 2021 regarding HB 20, the Texas law prohibiting social media companies from certain content moderation based on viewpoints. Its decision comes just over a week after the 11th Circuit upheld an injunction barring enforcement of Florida’s law that banned social media...

  • State Attorneys General Hold Ford Accountable for Advertising Claims

    Last week, 40 State Attorneys General entered into a settlement with Ford Motor Company related to its substantiation of payload capacity claims on certain Super Duty pickup trucks and the fuel economy of certain C-Max hybrids.  Ford is paying $19 million to the participating States, plus $200,000 in costs.  The settlement itself is pretty straightforward...

  • New California Draft Privacy Regulations: How They Would Change Business Obligations and Enforcement Risk

    On Friday May 27, 2022, the California Privacy Protection Agency (CPPA) Board announced its next public meeting will be on June 8, 2022. The announcement simply stated the date of the meeting, that there are “some discussion items [that] will be relevant to the Agency’s rulemaking work,” and that information on how to attend the...

  • FTC Proposes Changes to Endorsement Guides with Expanded Liability and More Onerous Disclosure Requirements

    In addition to announcing a new COPPA policy statement and related “crackdown” on children’s privacy issues (discussed here) in its most recent open meeting, the FTC also proposed changes to the FTC’s Endorsement Guides.  The changes would build on and expand previous guidance, including by expressly extending liability to endorsers, intermediaries, and platforms (in addition...

  • State Attorneys General Defend NAAG

    At this week’s Spring National Association of Attorneys General Consumer Protection Conference, State AG staff gathered to discuss multistate investigations, enforcement priorities, and recent challenges.  The introductory panel of the public portion of the conference featured State AGs Herbert Slatery (Tennessee), Kwame Raoul (Illinois), and John Formella (New Hampshire) discussing some of their

  • FTC Announces “Crack Down” on COPPA Violations by Ed Tech Companies

    Amidst the rising focus on privacy issues affecting children and teens (which we’ve highlighted here, here, here, and here), the FTC just released a new Policy Statement on COPPA, its signature rule protecting the privacy of kids under 13. The Policy Statement, which the FTC unveiled at its May 19 Open Meeting, focuses in particular...

  • Webinar Replay: Teen Privacy Law Update

    The replay for our May 19, 2022 Teen Privacy Law Update webinar is available here. Protecting the privacy and safety of kids and teens online is receiving enormous attention lately from Congress, the States, the FTC, and even the White House.  Further, just last month, BBB National Programs unveiled a Teenage Privacy Program Roadmap offering a comprehensive framework...

  • Formula Price Gouging

    Recently Georgia Attorney General Carr warned consumers of potential price gouging of baby formula and related scams. He notes price gouging protections are in effect there until at least June 14, 2022 due to a state of emergency caused by supply chain disruptions. Attorney General Carr also noted problems with inflation and gas prices. Later...

  • FTC Tames Lions Making “Made in USA” Claims

    Lions Not Sheep is a clothing company that, in its own words, allows consumers who wear its clothes to “show people it’s possible to live your life as a LION, not a sheep.” In addition to making people aware of that possibility, the company prominently advertises that its goods are “Made in the USA,” “Made...

  • Ten Percent and Rising: Connecticut Becomes Fifth U.S. State to Enact Privacy Law

    On Tuesday, Connecticut became the fifth state to pass comprehensive privacy legislation when Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” into law.  Connecticut joins California, Virginia, Colorado, and Utah in enacting new privacy laws that take effect in 2023. Out of fifty states in the U.S., ten percent have...

  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT