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  • Article

    The Sweet Smell Of Puffery

    When Vacation claimed to make the "World's Best-Smelling Sunscreen," competitor Beiersdorf challenged whether this required substantiation. The NAD's ruling reveals how context dramatically changes whether such claims are considered puffery or require proof, with particular attention to how the claim appeared alongside customer reviews on the company's website.
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Update On The Wave Of CEMA Lawsuits (February 2026)

    Last year, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails...
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
  • Article

    Washington Supreme Court Expands Scope Of Anti-Spam Law

    Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales.
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Webinar: Pricing 101: Key Considerations Across Privacy And Consumer Protection

    Companies face mounting regulatory scrutiny over pricing practices, particularly regarding the use of consumer data in pricing decisions. This webinar series offers practical guidance on navigating the complex...
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    “Surveillance Pricing”- Key Concepts, The Current Legal And Legislative Landscape, And Mounting Scrutiny (Podcast)

    What if the price you see online isn't just based on supply and demand—but on what an algorithm thinks you are willing to pay? This episode unpacks the fast-rising controversy over surveillance pricing, exploring how consumer data, algorithms, and AI are being used to tailor prices to individual shoppers, and why lawmakers and regulators are raising concerns about transparency, fairness, and discrimination.
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    CPPA To Propose Changes To Privacy Policy Requirements

    While the California Privacy Protection Agency (CPPA) Board's attention during its December 8 public meeting was mainly focused on preliminary draft regulations on automated decisionmaking technology (ADMT)...
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    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...
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Podcast

    CPRA Update - How To Prepare For Privacy Compliance As An Employer (2021 #6) (Podcast)

    In this podcast, we provide an overview of topics that employers should know as the sunset of the employer exception to CCPA approaches.
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Further Amendments To CCPA Regulations Are Approved And In Effect

    California's Office of Administrative Law approved further revisions to the Attorney General's CCPA regulations on March 15, 2021.
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    New Privacy Perspectives Episode: App Store Age Assurance Laws Aren't Going Away

    Texas recently blocked its App Store Accountability Act from taking effect on First Amendment grounds. Problem solved, right? Not even close.
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    NTIA'S Listening Sessions On Privacy And Civil Rights: What's The Significance?

    In case you missed it, last week (on November 30), the National Telecommunications and Information Administration (NTIA) announced that it would convene a series of virtual listening sessions...
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Podcast

    Privacy Perspectives: State AI Legislation — What’s Moving And What It Means (Podcast)

    In this episode of Privacy Perspectives, Alex Schneider is joined by Laura Riposo VanDruff, Salim Rashid, and Joseph Cahill for a focused discussion on what has become one of the most active state legislative...
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Rosenworcel Moves To Update Data Breach Reporting Requirements Under CPNI Rules

    Yesterday, FCC Chairwoman Jessica Rosenworcel circulated a Notice of Proposed Rulemaking ("NPRM") with her colleagues on the Commission to update the agency's rules...
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Podcast

    Update On "Three Corners" Federal Privacy Bill (HR 8152) (Podcast)

    For those not following every detail regarding the progress of the "three corners" federal privacy bill, here's a summary of where things stand.
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    With A Supreme Court Decision Pending, Will Congress Intervene To Clarify The FTC's Enforcement Authorities Under 13(b)?

    As we inch closer to a Supreme Court decision in AMG Capital Management, LLC v. Federal Trade Commission, proponents of a 13(b) legislative fix are moving with a greater sense of urgency.
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    The Kelley Drye Brief - Fall 2021

    November marks the beginning of a season of reflection and gratitude. At Kelley Drye we are thankful for the depth and longevity of our client relationships and for the privilege to serve as trusted partners and advisors.
    United StatesStrategy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    2024 AGA Annual Meeting Wrapup

    The Attorney General Alliance (AGA) hosted its 2024 Annual Meeting this June, bringing together State AGs, staff, and industry for discussions on a number of topics important to AGs, including AI (again).
    United StatesTechnology
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    CARU Releases A Risk Matrix For Using Generative AI With Kids

    They should implement robust influencer review processes and use clear disclosures so that children who interact with chatbots know they aren't interacting with a real person.
    United StatesTechnology
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Contractors Agree To Pay $11.3 Million To Resolve Alleged Violations Of Cybersecurity Requirements In Federally Funded Contract

    The Department of Justice (DOJ) recently announced a significant settlement of a False Claims Act (FCA) case under its Civil Cyber-Fraud Initiative. Guidehouse Inc., a management, business and information...
    United StatesTechnology
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    State Attorneys General Announce AI Task Force

    This week, the Attorney General Alliance released a statement on the creation of an Artificial Intelligence Task Force in a ​"bipartisan initiative" chaired by North Carolina...
    United StatesTechnology
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
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