Kelley Drye Ad Law Access Podcast

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 a...

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 technolo...

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 sho...

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...

State attorneys general set the tone for 2026 at the final December NAAG Capital Forum in Washington D.C., highlighting how AG enforcement and policy priorities will evolve — from tech and youth safety to antitrust, preemption issues, and rising consumer costs. Panels emphasized bipartisan collaboration, creative uses of state authority, and proactive engagement with businesses, while previewing C...

A bipartisan coalition of state attorneys general recently secured a $7 million multistate settlement with Greystar — the nation’s largest landlord — in ongoing antitrust actions tied to the use of RealPage’s algorithmic pricing software, requiring Greystar to curb use of tools that leverage nonpublic data to recommend rents and cooperate with continued litigation against other landlords while the...

The latest episode explores how a bipartisan coalition of 36 state attorneys general is again pushing back against proposed federal efforts to ban state-level AI laws, sending a policy letter through the National Association of Attorneys General to oppose language in the National Defense Authorization Act that would undercut states’ ability to regulate artificial intelligence in areas like consume...

The Biden Administration’s latest Executive Order on AI aims to curb a growing patchwork of state-level artificial intelligence laws by directing a DOJ “AI Litigation Task Force” to challenge conflicting state rules, prompting states to signal they’re prepared to fight back and underscoring that federal-state AI regulatory tensions are far from settled. For legal, compliance, and marketing teams,...

The National Advertising Division recently tackled disclosure practices on TikTok Shop, where Procter & Gamble challenged Blueland’s influencer promotions for allegedly failing to make paid relationships clear; some influencers buried #BlueLandPartner tags in captions or omitted disclosures in video content, prompting Blueland to agree to clearer, more prominent disclosures, while NAD also found t...

The FTC may be quietly reviving its controversial Click-to-Cancel rule — and companies with subscription or auto-renewal programs should take notice. After the Eighth Circuit vacated the original rule on procedural grounds, consumer groups petitioned the FTC to reopen the rulemaking, and the Commission has now invited public comment, signaling that federal scrutiny of cancellation practices is far...

In a landmark settlement announced this week, Tyson Foods agreed to stop marketing its beef products as “climate-smart” or promising “net-zero by 2050” unless those claims are first verified by an independent expert. The agreement — resolving a consumer-protection lawsuit brought by Environmental Working Group (EWG) — prohibits Tyson from making or repeating such environmental claims for the next...

Texas has clarified that, under the state’s amended “mini-TCPA,” businesses that send marketing texts with prior consumer consent will generally not be required to register as telephone solicitors or post a bond — a potentially major relief for marketers using SMS campaigns. The episode breaks down how S.B. 140 expanded Texas’s telemarketing law to cover texts and what the recent court settlement...

New York’s new algorithmic pricing law is now in effect, requiring businesses that use consumer data and algorithms to set individualized prices to clearly disclose: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” In this episode, we unpack what triggered the law, how far its reach extends, and what it means for companies using dynamic pricing, personalization, or AI-driven optimiza...

In this episode, we walk through how South Carolina Attorney General’s Office — led by Alan Wilson — frames its consumer-protection approach as a “referee on a football field,” focusing on neutrality, predictability, and transparency rather than punitive ends. We explain how the office evaluates cases under a “Meritorious and Compelling State Interest Test,” gives respondents a full opportunity to...

A coalition of state attorneys general has launched a dedicated AI Task Force aimed at coordinating investigations, enforcement, and regulatory strategy across jurisdictions in an era of rapidly evolving generative AI risks. For legal, compliance, and product teams, this development underscores the urgent need to prepare for multi-state scrutiny of AI use in marketing, privacy, and consumer protec...

The FCC is proposing major overhauls to TCPA rules under its “call branding” initiative—including eliminating its long-standing call abandonment rule, loosening prerecorded caller ID disclosures, and reevaluating consumer consent revocation mechanisms. At the same time, the Commission is pushing new caller ID authentication obligations to increase trust in who is calling. These changes could drama...

State attorneys general from Florida, Texas, Iowa, Nebraska, and Montana are investigating recycling groups like the U.S. Plastics Pact and GreenBlue Institute, alleging their sustainability goals may amount to antitrust and consumer protection violations. The AGs warn that these environmental organizations could be coordinating to restrict plastic output and mislead consumers on recyclability, po...

States are rapidly expanding kids’ privacy and safety rules beyond COPPA, introducing age-appropriate design codes, new social media requirements, and California’s groundbreaking Digital Age Assurance Act. With regulators, AGs, and global authorities increasing scrutiny, companies now face a fast-evolving patchwork that affects data practices, product design, and risk management. Hosted by Simone...

JBS USA will pay $1.1 million to settle allegations from New York AG Letitia James that its “Net Zero by 2040” claim misled consumers. The case underscores the growing scrutiny of environmental marketing and the need for companies to substantiate sustainability goals with real data and clear language. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Paul L. Singer, Beth Bolen Chun,...

Pennsylvania Attorney General Dave Sunday announced a $750,000 settlement with American Mint LLC over its negative option subscription practices — marking the company’s second major enforcement action following a 2005 Assurance of Voluntary Compliance. The case underscores how state AGs continue to use UDAP authority to address deceptive subscription practices, even without specific auto-renewal l...

In Part One of our two-part series on the NAAG Fall Consumer Protection Conference, we cover key takeaways from the Attorneys General panel and a discussion on price transparency featuring Kelley Drye’s Beth Chun. Hear insights from state AGs on enforcement priorities, compliance expectations, and the growing focus on transparent pricing laws nationwide. Hosted by Simone Roach. Based on a blog pos...

In the second part of our coverage of the NAAG Fall Consumer Protection Conference, we recap discussions on deceptive practices—from privacy and ultra-processed foods to e-cigarettes—as well as federal student loans and debt collection trends. Panelists shared state enforcement updates, litigation developments, and practical insights for businesses and policymakers navigating these evolving areas....

Massachusetts’ new junk fee and auto-renewal regulations are now in effect, reshaping how businesses disclose pricing and subscription terms. In this episode, we recap insights from Yael Shavit, Chief of the Consumer Protection Division at the Massachusetts AG’s Office, who joined Kelley Drye to discuss key compliance takeaways, enforcement priorities, and what businesses should know about these f...

As brands explore AI-driven marketing, the Children’s Advertising Review Unit (CARU) has released a new framework outlining the key risks companies face when using AI to engage children—from misleading content and data privacy to mental health and transparency concerns. In this episode, we cover CARU’s eight risk categories and practical steps companies can take to align with responsible advertisi...

Charitable organizations continue to face growing oversight and evolving legal risks. At this year’s NAAG NASCO Charities Conference, regulators and nonprofit leaders discussed how funding shifts, political pressures, and new enforcement priorities are reshaping the sector. In this episode, we break down key takeaways—including compliance strategies and recent developments affecting nonprofits nat...