Kelley Drye Ad Law Access Podcast

What happens when state attorneys general decide the DOJ’s antitrust fix doesn’t go far enough? In this episode, we break down the growing split in the Live Nation-Ticketmaster litigation as more than two dozen bipartisan state co-plaintiffs reject the Justice Department’s tentative settlement—arguing that measures like divesting booking agreements, opening up ticketing access, and capping certain...

What do California’s latest privacy settlements tell us about where enforcement is headed next? In this episode, we unpack the California Privacy Protection Agency’s newest CCPA actions against PlayOn Sports and Ford, which reinforce a clear message: opt-out rights must be easy to exercise, free of unnecessary friction, and fully effective in practice—from rejecting cookie banners with an “accept...

What does Vanguard’s $29.5 million settlement tell us about the growing legal and political fight over ESG investing? In this episode, we break down a first-of-its-kind agreement between Vanguard and 13 Republican state attorneys general that partially resolves a multistate antitrust lawsuit alleging major asset managers used their holdings in coal companies to influence output and strategy under...

What happens when state AGs decide that predictive markets, casino apps, and loot boxes look a lot more like gambling than gaming? In this episode, we unpack a fast-moving wave of state enforcement as attorneys general scrutinize Kalshi’s predictive markets, Washington’s lawsuit against casino app operators Playtika and Aristocrat, and New York’s suit against Valve over loot boxes—signaling that c...

Connecticut’s latest privacy enforcement report offers a clear warning: regulators expect privacy compliance programs to be operational, not just on paper. In this episode, we unpack what the state’s 2025 CTDPA Enforcement Report reveals about rising scrutiny around consumer rights requests, privacy notices, cookie banners, opt-out preference signals, children’s data, and health and genetic data —...

A growing wave of class actions under Washington’s Commercial Electronic Mail Act is putting marketers on notice. In this episode, we break down the surge of more than 60 lawsuits challenging allegedly misleading email subject lines, the recent court rulings rejecting CAN-SPAM preemption and dormant commerce clause defenses, and the proposed Washington legislation that could narrow liability and l...

The FTC may be signaling a more data-driven approach to privacy and data security enforcement. In this episode, we break down key takeaways from the Commission’s recent workshop on how it evaluates consumer harms and benefits — including what Chairman Ferguson’s remarks may mean for future enforcement and how the agency appears to be weighing privacy risks against the economic benefits of data-dri...

A golf industry rivalry has teed off in court. TaylorMade has sued competitor Callaway, alleging that sales representatives, ambassadors, and influencers conducted UV-light demonstrations suggesting TaylorMade golf balls had paint imperfections that could cause poor performance — even calling them “mud balls.” TaylorMade argues the demonstrations are misleading and unrelated to real-world performa...

California’s DELETE Request & Opt-Out Platform (DROP) is about to go live — and businesses that act as data brokers will need to be ready. DROP will serve as a one-stop mechanism for consumers to submit deletion requests under the California Data Broker Registry law, and brokers will be required to register with the platform, access it regularly, and delete personal information that matches consum...

The National Advertising Division has weighed in on how advertisers can and cannot make “1+” claims — statements that imply consumers will get at least a certain quantity (e.g., “1+ hours of battery life”) — holding that such claims must be accurately supported and not deceptive when the “+” is not meaningfully substantiated. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon

States are increasingly regulating ultra-processed foods (UPFs) — and West Virginia’s new law banning additives in school foods (with broader statewide application coming soon) offers a window into how consumer protection intersects with public health. In this episode, we go over key takeaways from our recent webinar, exploring the debate over UPFs, what makes a product “ultra-processed,” the cons...

A bipartisan coalition of 40 state attorneys general has sent a letter urging Congress to pass the Senate’s Keeping Online Safe Act (KOSA), highlighting concerns about harmful online content, algorithmic amplification, and gaps in current federal law that they say leave consumers — especially children — vulnerable. In this episode, we unpack why AGs are aligning behind KOSA, what provisions they s...

South Carolina is on the verge of becoming the latest state to adopt an Age-Appropriate Design Code modeled on the U.K.’s landmark child-safety framework. In this episode, we break down the Code’s key components — including prescriptive design, data minimization, privacy protections, and risk assessments for services used by children — and how it fits within the national trend of expanding protect...

App store age assurance laws are rapidly evolving, and they’re not disappearing any time soon. In this episode, we unpack why states like Utah, Texas, and now California are pushing forward with age assurance frameworks that require operating systems and developers to collect and act on age information — and why these laws continue gaining traction despite legal challenges. Hosted by Simone Roach....

In this episode of Privacy Perspectives, Alex Schneider is joined by Whitney Smith, a partner in Kelley Drye's Litigation practice group. Together, they discuss a wave of new privacy litigation related to wiretapping claims under the California Invasion of Privacy Act, or CIPA. The speakers cover key takeaways from the cases that have been brought under CIPA, trends in the health privacy litigatio...

A coalition of 35 state attorneys general sent a letter to leading generative AI developers expressing concern that companies are not sufficiently addressing explainable AI (xAI) and transparency in AI systems, particularly in how consumers understand automated decision-making and the extent to which models can be interrogated or explained. The states urge developers to improve model explainabilit...

A messy battle in the self-cleaning litter box market has spilled into federal court. Meowant alleges that rival PetPivot enlisted TikTok influencers to post fake or misleading reviews claiming Meowant’s products malfunction — while directing viewers to PetPivot’s TikTok Shop. The complaint asserts unfair competition, false advertising, defamation, trademark dilution, and tortious interference, an...

Regulators are stepping up scrutiny of AI chatbots and companion AI technologies, with state attorneys general pushing companies to strengthen safety measures for kids and California advancing the Leading Ethical AI Development (LEAD) for Kids Act, which would restrict how companion chatbots interact with minors. At the same time, AGs urged OpenAI to “amplify safety” in response to concerns about...

A growing wave of class actions under Washington’s Commercial Electronic Mail Act (CEMA) is putting email marketing practices under scrutiny — with plaintiffs alleging that misleading subject lines, like false urgency around sales end dates, violate state law and can trigger statutory damages per email sent. In this episode, we break down recent filings, the legal theory behind CEMA claims, and wh...

The Center for Industry Self-Regulation (CISR) has launched the Institute for Responsible Influence, a new initiative aimed at promoting ethical, transparent, and accountable practices in influencer marketing and brand-partner relationships. The Institute will develop best-practice frameworks, provide training and resources, and encourage collaboration among industry stakeholders to elevate standa...

State attorneys general capped 2025 with a $4.25 million multistate settlement with Menards over deceptive “11% rebate” marketing that allegedly misled consumers into thinking they were getting point-of-sale discounts when the benefit was actually deferred merchandise credit — and set the stage for evolving pricing scrutiny in 2026. Alongside the settlement, the Colorado AG signaled enforcement pr...

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...

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 decisi...

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 practica...

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 t...