Kelley Drye Ad Law Access Podcast

Kelley Drye Advertising Law
  • 5.0 (12)
  • BUSINESS
  • UPDATED DAILY

The Ad Law Access podcast, now available daily, is powered by Kelley Drye’s Advertising and Privacy / Data Security teams. Hosted by Simone Roach, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law. Please visit the Advertising and Privacy Law Resource Center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center and our award winning blog at https://adlawaccess.com.

  1. 4D AGO

    NAD Examines AI Claims

    As AI features proliferate in consumer products, the National Advertising Division is sharpening its focus on how those features are marketed. In a recent NAD decision involving Horizon Brands’ Tiny Traveler AI Classic Baby Monitor, the NAD reviewed “AI-powered” claims and found that advertisers must have a real basis for AI assertions and clearly disclose technological limitations on emotion and motion detection to avoid misleading consumers. This episode highlights why substantiating AI-related claims matters now more than ever for legal, compliance, and marketing teams navigating AI marketing claims. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

    5 min
  2. Privacy Perspectives: App Store Age Assurance Laws and What Comes Next

    5D AGO

    Privacy Perspectives: App Store Age Assurance Laws and What Comes Next

    In this episode of Privacy Perspectives, Alex Schneider is joined by Laura VanDruff and Paul Singer to discuss the fast evolving landscape of App Store age assurance laws and their implications for companies across the digital ecosystem. The conversation focuses on the Texas App Store Accountability Act, which was recently blocked from taking effect on First Amendment grounds, and what that decision means for similar laws in other states, including Utah, Louisiana, and California. Alex, Laura, and Paul examine why App Store based age assurance remains a live issue despite the injunction, particularly given the political pressure to address children’s access to online content and the operational challenges of site by site age verification. The speakers explore how App Store age signals could expand compliance obligations under COPPA and state privacy laws, including for companies that do not direct their services to children or teens. They also discuss the tension between child safety objectives and privacy interests, the role App Stores may play as access gatekeepers, and the uncertainty companies face as technical standards, APIs, and enforcement expectations continue to evolve. The episode concludes with a forward looking discussion of regulatory trend lines, likely next steps at the state and federal levels, and why companies should focus on good faith efforts, privacy by design, and preparation rather than assuming injunctions signal the end of scrutiny.

    29 min

  3. JAN 27

    Important "Robocall" Regulatory Updates- FCC Extends Waiver of TCPA "Revoke All" Rule and Publishes Changes to Robocall Mitigation Database Rules

    The FCC has extended its waiver of the TCPA’s “Revoke All” consent-revocation mechanism and adopted key reforms to the Robocall Mitigation Database rules, including updated requirements for voice service providers and new deadlines for filing attestations and supporting documentation. These changes reflect the FCC’s ongoing effort to balance consumer protection from illegal robocalls with practical compliance timelines for providers navigating authentication, mitigation, and traceback obligations. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.

    6 min

  4. JAN 26

    NAD Decision Provides Guidance on Price Comparisons

    A recent National Advertising Division (NAD) decision sends a clear signal on how competitors should and shouldn’t use price comparisons in advertising. In the challenge between Etekcity and Renpho over “list” and “strikethrough” pricing on smart scales, NAD held that list prices must reflect bona fide, appreciable prices actually offered in the recent course of business and warned that “limited time deals” must truly be limited in time. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

    5 min

  5. JAN 23

    22 State AGs Sue CFPB Acting Director for Loss of Access to CFPB Resources

    A coalition of 22 Democratic state attorneys general filed a lawsuit in federal court against CFPB Acting Director Russell Vought and the Federal Reserve Board, alleging that the refusal to request statutorily required funding and to maintain key consumer complaint and mortgage data systems unlawfully interrupts state access to critical tools used in investigations and enforcement. The complaint asserts multiple violations of the Administrative Procedure Act and separation-of-powers principles, and highlights how states rely on CFPB resources like the Consumer Response System and Home Mortgage Disclosure Act data to pursue discrimination and consumer protection cases. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier.

    7 min

  6. JAN 22

    AGs Settle Two Car Manufacturer Multistates at the End of 2025 in Multimillion Dollar Enforcement Action

    From viral social-media-driven theft spikes to long-running emissions deception allegations, state attorneys general capped 2025 with two high-profile multistate settlements against major car manufacturers, resulting in millions of dollars in consumer relief and compliance commitments. A 35-state coalition secured a $9 million deal with Hyundai and Kia over allegedly inadequate anti-theft technology and related disclosures, and a broad coalition of 50 states resolved claims with Mercedes-Benz over hidden emissions defeat devices — illustrating that AG offices remain aggressive in protecting consumers from safety risks and deceptive practices across the automotive sector. For legal, compliance, and marketing teams, these settlements signal that multistate enforcement isn’t limited to traditional product defects but extends to safety-critical and environmental representations, and that companies should be prepared to address social media effects on product misuse, transparent disclosures, and evolving AG expectations. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Brianna Robinson.

    7 min

  7. JAN 15

    FTC Warns Companies of Potential Violations of the Consumer Review Rule

    The FTC has begun issuing warning letters to companies that may be violating the new Consumer Review Rule, signaling the agency’s intent to enforce the sweeping prohibition on practices that mislead consumers about the ability to leave honest reviews (such as gag clauses, pay-for-delete offers, and review manipulation). These warnings underscore that enforcement is not hypothetical — companies should be actively auditing review, testimonial, and ratings practices across all platforms to ensure compliance before formal actions begin. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

    3 min

  8. JAN 14

    MAHA Pushback - Court Temporarily Blocks West Virginia's Dye Ban

    A federal court has temporarily blocked enforcement of West Virginia’s law banning certain food dyes—a key provision of the state’s ultra-processed foods legislation—after the International Association of Color Manufacturers challenged the statute as arbitrary and lacking scientific support. The ruling highlights the constitutional and evidentiary hurdles states may face when regulating additives in food. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Paul L. Singer, and Andrea deLorimier

    5 min
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About

The Ad Law Access podcast, now available daily, is powered by Kelley Drye’s Advertising and Privacy / Data Security teams. Hosted by Simone Roach, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law. Please visit the Advertising and Privacy Law Resource Center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center and our award winning blog at https://adlawaccess.com.

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