Jason Gordon and Casey Perrino published an article in Law360 this week titled, “6 Advertising Law Trends To Watch In 2021.” A copy of the article is available here. You may also a PDF of the article here.
privacy
Reese Witherspoon and her fashion line Draper James face a privacy class action and breach of contract over ‘free dress’ giveaway
Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers that has gone horribly wrong.
To read more about the implications of advertising and promotion rules and the impact of the California…
Expected changes to COPPA: bipartisan proposals and the FTC review
With newly proposed legislation, the House has joined the Senate in introducing bipartisan legislation making changes to the Children’s Online Privacy Protection Act (COPPA). This pending legislation, when combined with the Federal Trade Commission’s (FTC) ongoing COPPA review and workshop, foreshadows expanded COPPA protections, especially for teenagers between 13 and 15 years of age.
To…
New York attorney general continues to pursue cybersecurity compliance with latest lawsuit
New York Attorney General (AG) Letitia James has sued Dunkin’ Brands, Inc. (franchisor of Dunkin’ Donuts) over two data breaches in 2015 and 2018, accusing the company of mishandling a series of cyberattacks that together compromised more than 320,000 customer accounts.
In the complaint filed last week, AG James accused Dunkin’ of engaging in fraudulent…
Litigation in the Forecast for Weather Channel App
On January 3, the city of Los Angeles accused TWC Product and Technology, LLC (“TWC”) (an International Business Machines Corporation subsidiary) of violating millions of American consumers’ privacy. In the civil lawsuit, Los Angeles City Attorney Michael Feuer alleged TWC misled users of its Weather Channel app to turn on precise location tracking by suggesting,…
Ready Tech Settles Privacy Shield Case with FTC
Late last year, the Federal Trade Commission (“FTC”) settled another enforcement action over false claims under the EU-U.S. Privacy Shield framework (the “Privacy Shield”). The FTC alleges that Ready Tech Corporation, a provider of online and instructor led training (“Ready-Tech”), falsely claimed in its privacy policy on its website that it was in the process…
New Year, New Vermont Law for Data Brokers
Effective January 1, 2019, a new Vermont law imposes data security and annual disclosure obligations on data brokerage companies (e.g., Acxiom, Experian, Epsilon). The law requires data brokers to register annually with the Vermont Attorney General and pay an annual registration fee. Data brokers must disclose annually to the State Attorney General, among other things,…
COPPA Revisited: The Do Not Track Kids Act of 2018 Provides a Glimpse into What Lawmakers Could Do to Ground Services with Large Teen Customer Bases
In enacting the Children’s Online Privacy Protection Act, Congress determined that the safeguards built into the statute should apply only to children under 13. It sought to focus the restrictions on collection and use of personal information on younger children who are particularly vulnerable to marketing tactics because of their unfamiliarity with advertising and the…
ANA Urges Marketers to Help Fight California Data Privacy Measure
The Association of National Advertisers (ANA) is working with the California Chamber of Commerce and a broad range of companies and industry groups to oppose a California ballot initiative that would drastically change how consumer information is collected and shared. The California Consumer Privacy Act of 2018 would apply to almost every company that conducts…
Illinois Biometric Lawsuit Against Facebook Moves Through Court System
A 2015 lawsuit brought by Facebook users over the company’s alleged unauthorized collection of their facial features and other facial biometric data pursuant to the Illinois Biometric Information Privacy Act (“BIPA”) is slowly moving through the courts. The BIPA requires written notice and consent for the collection of biometric identifiers or biometric information of Illinois…