Kelley Drye Ad Law Access Podcast Kelley Drye Advertising Law

If a third-party writes a good review of your product – or, even better, rates it as one of the best – can you link to that review? A new NAD decisions suggests that the answer may not be as easy as people think.

https://www.adlawaccess.com/2023/03/articles/nad-explores-when-companies-can-be-responsible-for-third-party-reviews/

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576

www.kelleydrye.com/Our-People/Gonzalo-E-Mon

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As we have discussed, most consumer protection laws give attorneys general broad authority to perform pre-litigation discovery through investigative subpoenas, often termed “civil investigative demands” (CIDs). Many attorneys general can also require sworn statements and answers to interrogatories pursuant to this statutory authority. Businesses should be aware (and beware) that failure to comply with a CID, in whole or in part, can have serious consequences.

https://www.adlawaccess.com/2023/03/articles/state-attorney-general-civil-investigative-demands-take-them-seriously/

Paul Singer
psinger@kelleydrye.com
(202) 342-8672
www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun

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View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

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On March 13, 2023, the FTC submitted its 2024 budget request to Congress, along with a performance plan for FY 2023-2024 and a performance report for FY 2022. While generally an aspirational document, the budget includes a few notable asks that provide clues about agency priorities in the consumer protection space..

https://www.adlawaccess.com/2023/03/articles/reading-the-tea-leaves-in-the-ftcs-2024-congressional-budget-request/

Ioana Gorecki
IGorecki@kelleydrye.com
(202) 342-8417
Bio: https://www.kelleydrye.com/Our-People/Ioana-Gorecki

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Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

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A recent post on the FTC’s Business Blog notes that although there may be disagreement about what “artificial intelligence” or “AI” is, those terms are being used in marketing campaigns, and the FTC worries that some advertisers “won’t be able to stop themselves from overusing and abusing them.” To help those advertisers out, the FTC’s post includes four questions that they should ask themselves.

https://www.adlawaccess.com/2023/03/articles/ftc-reminds-advertisers-to-keep-ai-claims-in-check/

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576

www.kelleydrye.com/Our-People/Gonzalo-E-Mon

Subscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

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For $9.99 per month, Pier 1 offers Pier 1 Rewards, a loyalty program that includes benefits such as a 10% discount on all purchases and free shipping and returns on eligible items. Until recently, when a consumer added an item to a cart, the company would automatically also add the Pier 1 Rewards membership to the cart (with a pre-checked box indicating acceptance) and apply the 10% discount. A consumer had to uncheck the box to remove the membership from the cart.

https://www.adlawaccess.com/2023/03/articles/nad-finds-dark-patterns-in-a-rewards-program/

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576

www.kelleydrye.com/Our-People/Gonzalo-E-Mon

Subscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

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Our State AG webinar series continues, this time with Consumer Protection Division Director Kevin Anderson and Deputy General Counsel Daniel Mosteller of the North Carolina Attorney General’s Office (NC AGO). During our webinar, we learned about the office’s structure, consumer protection work as it relates to public health issues, and the tools they have pursuant to the consumer protection laws of North Carolina. In case you missed it, here is a recording of the webinar. We have also recapped what we learned below.

https://www.adlawaccess.com/2023/03/articles/state-ags-and-consumer-protection-what-we-learned-from-north-carolina/

Paul Singer
psinger@kelleydrye.com
(202) 342-8672
www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Kaelyne Wietelman
kwietelman@kelleydrye.com
(202) 342-8478
www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman

Subscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/

Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1

View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Find all of our links here linktr.ee/KelleyDryeAdLaw

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