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February is a busy month for holidays and events! We have
Valentine’s Day, President’s Day, and of course, this
weekend’s Super Bowl. Who will take home the Lombardi Trophy
this year? We polled some of our Ad Law attorneys and here are our
results:
If you plan to watch the main event, click here for some fun Super Bowl Bingo.
Speaking of events, be sure to check out our upcoming webinar next
week!
UPCOMING WEBINAR
State Privacy Enforcement Do’s and Don’ts for 2024
February 13 | 12:00 p.m. – 1:00 p.m.
ET
2024 is well underway and similarly to 2023, the year promises
to be busy on the state privacy front. Comprehensive privacy laws
are in the books in more than 25 percent of the U.S. states and new
legislative efforts are underway in many other jurisdictions. Until
now, state privacy law enforcement has taken place outside the
public view in the form of informal inquiries, consumer complaints,
and enforcement sweeps that have resulted in informal resolutions.
It’s quite possible that we will see enforcers increase the
pressure in 2024, including in the form of multistate
investigations.
Join Kelley Drye’s Privacy & Information Security
practice chair, Alysa Hutnik, and State Attorneys General
practice chair, Paul Singer, for a webinar where topics
include:
- What public enforcement actions to expect
- Best practices when receiving a civil investigative demand
(CID)/subpoena from a state enforcer - Details on how state enforcers collaborate and pursue joint
multistate enforcement - What not to do when you are contacted by a state
enforcer
Speakers will also provide a recap of the California Lawyers
Association Annual Privacy Summit, held in Los Angeles the week
prior to this webinar.
Register
Here.
IN THE NEWS AND LATEST UPDATES
Get these and other stories in real time when you subscribe to
the Ad Law Access blog here or visit the Advertising and Privacy Law
Resource Center here.
Commerce Proposes KYC and Other Cybersecurity
Requirements on Cloud Services and AI Training
On January 29, 2024, the Commerce Department’s Bureau of
Industry and Security (BIS) published a notice of proposed rulemaking (NPRM)
introducing a Customer Identification Program (CIP) and other
requirements applicable to U.S. providers and foreign resellers of
Infrastructure as a Service (IaaS) products. The proposal also
includes reporting requirements covering foreign transactions with
U.S. cloud services to train “dual-use” AI foundational
models that may enable malicious cyber activity. The NPRM
implements Executive Orders addressing threats to U.S. critical
infrastructure or national security posed by malicious,
cyber-enabled activities.
FTC Announces $2 Million Penalty over Made in USA
Claims
I’ve never owned a tractor, but based on Kenny Chesney’s
1999 hit She Thinks My Tractor’s Sexy, I understand
that some people find them to be quite alluring. (The same goes for
farmer’s tans, but that’s more relevant to this post.) It’s not clear whether
Kenny’s girlfriend was particularly attracted to American-made
tractors, but some people are. That’s why Kubota Tractor
Corporation used to label their tractors as “Made in
USA.”
Maryland’s New Telemarketing Law Now in
Effect
As of January 1, 2024, the State of Maryland’s new
telemarketing law, the “Stop the Spam Calls Act of 2023,”
officially became law.
What We Learned from … New York
As New York lawmakers consider legislation that would give the
Attorney General broad new powers to target “unfair”
trade practices, we brought the first installment of our 2024
Attorney General Webinar Series to the Empire State.
New York AG Supports Legislation to Broaden
Consumer Protection Powers
New York Attorney General Letitia James joined Kelley Drye for
its January State AG webinar to discuss consumer protection in the
Empire State and her support for legislative reform that would
grant the AG’s Office new powers to target “unfair”
business practices.
Update on FCC’s 1:1 TCPA Consent and
Do-Not-Text Rules
As an update to our earlier blog post detailing the FCC’s
recent order adopting new regulations pursuant to the Telephone
Consumer Protection Act, the FCC has announced the rolling
effective dates for the specific rule changes.
AGs, AI, and Robocalls
Two of the hottest consumer protection topics for state
attorneys general (AGs) are robocalls and artificial intelligence
(AI). AGs have been prioritizing the fight against robocalls for many years, and AI seems to be on the agenda of nearly every
AG conference in recent memory. These two consumer protection
issues have intersected in the FCC’s notice of inquiry (NOI) which sought
comment to better understand the impact of emerging AI technologies
on robocalls and robotexts. Because these two issues are a priority
with many AGs, it is not surprising that a bipartisan group of 26
AGs took this opportunity to provide comments.
Hidden Fees Aren’t Sexy
It’s a well-known principle (amongst those who practice in
certain professions) that if you’re trying to make something
sexy, you generally don’t want to reveal everything all at
once. Instead, it can be better to reveal things slowly, leaving
things to the audience’s imagination, and letting expectations
build up before the big moment. Of course, that strategy can
backfire if what you ultimately reveal ends up being disappointing
to the viewer.
Massachusetts AG Secures $3.5 Million Settlement
Against Grubhub
Massachusetts AG Andrea Joy Campbell recently announced that Grubhub, one of the
nation’s most prominent food delivery platforms, will pay more
than $3.5 million to settle claims that it overcharged restaurants
in violation of a specific emergency fee cap imposed during the
pandemic.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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