Kelley Drye Ad Law Access Podcast

Maryland’s Online Data Privacy Act is officially in effect, but businesses still have time to prepare before enforcement begins in 2026. The law introduces some of the toughest rules yet on sensitive data, minors’ privacy, and algorithmic assessments—creating new compliance challenges even for companies already following other state laws. This episode breaks down the key takeaways and practical st...

California has taken a new approach to protecting minors online. Governor Gavin Newsom just signed the Digital Age Assurance Act, shifting responsibility for age assurance to app developers while leaving verification to self-reported age data at the operating system level. The law—backed by Big Tech and set to take effect in 2027—moves away from the stricter parental consent models in Utah and Tex...

California is once again leading the nation on privacy. Governor Gavin Newsom just signed three new laws that will reshape how businesses manage user data, account deletion, and browser-based opt-outs. Together, these laws—the Opt Me Out Act, expanded data broker disclosure requirements, and new social media deletion rules—signal where CCPA enforcement is headed next. Companies should start prepar...

A recent NAD decision is bringing renewed attention to the FTC’s shelved concept of “review hijacking” — using reviews from one product to promote another. NAD found that a supplement brand improperly combined reviews for two “substantially different” products, echoing the FTC’s earlier language and signaling that review accuracy remains a live issue under existing advertising standards. The takea...

Class action suits over inflated “list” and “strikethrough” prices are on the rise—but now competitors are getting involved too. In a recent NAD case, Etekcity challenged Renpho’s use of inflated “list” prices on Amazon, arguing that they misled consumers about discounts. NAD agreed, reinforcing that list prices must reflect real, sustained sales—not outliers. The case highlights the compliance ri...

Two state attorneys general are taking major steps to tighten online age verification and protect minors. Florida’s AG filed lawsuits against adult content sites under the state’s new Age Verification Law, while New York’s AG proposed detailed rules to implement the SAFE for Kids Act—setting out standards for parental consent, age assurance, and privacy protections. Together, these actions show ho...

With the U.S. Mint no longer producing pennies and supplies running out nationwide, retailers and restaurants are pushing Congress to approve the Common Cents Act—a bill that would round cash transactions to the nearest nickel. The proposal aims to keep commerce running smoothly as businesses struggle to make change, while raising key questions about fairness under programs like SNAP and state sal...

A California federal court has approved a $1.5 million settlement resolving claims that Rust-Oleum misled consumers with “non-toxic” and “Earth Friendly” labels on its Krud Kutter products. The case highlights the legal risk of broad environmental marketing claims—especially when qualifiers are buried in fine print. The court found that whether such claims mislead a reasonable consumer is a questi...

The City of Philadelphia has sued S.C. Johnson & Son and Bimbo Bakeries, alleging they misled consumers about the recyclability of plastic bags by using symbols like “chasing arrows” and How2Recycle labels. The City argues that these claims ignore the economic and technical realities of plastic film recycling—most of which can’t be processed through curbside programs. The lawsuit highlights a grow...

Nineteen Democratic attorneys general, led by California AG Rob Bonta, are urging the CFPB not to reduce its supervision of key consumer finance sectors, including auto lending, debt collection, and money transfers. The AGs warn that raising the thresholds for “larger participant” oversight would leave millions of consumers unprotected and weaken the CFPB’s enforcement reach. The letter signals st...

The California Privacy Protection Agency fined Tractor Supply $1.35 million for alleged violations of the CCPA, citing inadequate privacy notices, employee disclosures, opt-out mechanisms, and partner contracts. The settlement underscores California’s growing enforcement focus on opt-out preference signals, contract compliance, and employee data rights. It also highlights how even consumer complai...

What happens when a celebrity sports drink rivalry spills from the gym to the courtroom? Prime Hydration, co-founded by Logan Paul and KSI, has sued soccer legend Lionel Messi’s Más+ brand, alleging false advertising about Messi’s role in founding and developing the drink. The case raises fresh questions about how much celebrity involvement actually matters to consumers. Hosted by Simone Roach. Ba...

Sixteen Republican state attorneys general, led by Montana AG Austin Knudsen, have launched an investigation into four major tech companies over allegedly deceptive renewable energy claims. The AGs argue that using unbundled renewable energy certificates (RECs) to claim 100% renewable power may mislead consumers and distort the energy market. This episode breaks down how the probe reflects ongoing...

After the Washington Supreme Court ruled that misleading subject lines can violate the state’s Commercial Electronic Mail Act (CEMA), Skechers now faces a similar class action. The lawsuit claims the company created a false sense of urgency by announcing that sales would end — only to later extend them. This episode explores how the case underscores growing risks around email marketing and why bra...

The FTC and seven state attorneys general have sued Ticketmaster and Live Nation, alleging deceptive practices and violations of the BOTS Act. The complaint claims the companies secretly worked with ticket brokers, let them bypass security limits, and used “bait-and-switch” pricing tactics that misled consumers. This episode unpacks the case, what it says about the government’s focus on junk fees...

Even without new comprehensive privacy laws passed in 2025, regulators have kept busy. California finalized major CCPA updates—introducing risk assessments, cybersecurity audits, and automated decision-making rules—while amendments and new state laws in Maryland, Indiana, Kentucky, and Rhode Island take effect soon. Colorado also extended the deadline for its AI Act. This episode breaks down what’...

Greenwashing claims aren’t just coming from consumers. Moldex-Metric has sued competitor Protective Industrial Products, alleging false environmental claims about its “bio-based” earplugs in violation of the Lanham Act and California UDAP laws. The case highlights how competitors can leverage the FTC’s Green Guides and independent testing to challenge sustainability claims—and why brands must ensu...

At the 2025 NAAG Eastern Region Meeting in Asbury Park, Attorneys General, legal experts, and policymakers gathered to reimagine public safety. From violence prevention and firearm safety to AI enforcement and environmental protection, the discussions reflected how AG offices are adapting to evolving legal and technological challenges. For companies and compliance teams, the meeting underscored ke...

Just before leaving office, former Missouri AG Andrew Bailey withdrew a proposed rule that would have barred social media companies from requiring users to rely solely on in-house content moderation. The rule drew strong opposition from industry and policy groups who warned of data security risks, First Amendment violations, and technical impracticalities. While the withdrawal pauses the effort fo...

California and Delaware AGs are pressing OpenAI on child safety, warning that its recapitalization plan is subject to review and urging stronger safeguards. At the same time, AG Bonta backed California’s LEAD for Kids Act, which would restrict companion chatbots for minors unless strict protections are in place. For legal, compliance, and product teams, these actions signal rising state-level scru...

What happens when one of the world’s biggest YouTubers markets directly to kids? Last week, the Children’s Advertising Review Unit (CARU) announced a decision involving MrBeast and his brand Feastables, raising concerns about ad labeling, misleading claims, sweepstakes practices, and children’s privacy protections. The case underscores the heightened scrutiny companies face when advertising to chi...

What starts with an anonymous consumer complaint can quickly escalate into a full-scale investigation. In Business Doe, LLC v. State of Alaska, the Alaska Supreme Court confirmed the Attorney General’s authority to issue subpoenas in consumer protection cases—even when triggered by a single anonymous letter. This ruling underscores just how broad state AG investigative powers can be, and highlight...

The FTC just announced a $7.5 million settlement with Chegg, alleging the company violated ROSCA by making it unnecessarily difficult for subscribers—mostly students—to cancel their online services. According to the FTC, Chegg’s cancellation process buried links, forced users through confusing flows and “save” attempts, and in some cases still charged consumers after cancellation. The settlement r...

Hawaii stands out among the states with a rare dual-entity enforcement structure: both the Attorney General’s Office and the Office of Consumer Protection hold authority under the state’s consumer protection laws. In this episode, we explore how these agencies coordinate enforcement, the strengths and challenges of overlapping jurisdiction, and the unique legislative and litigation roles each play...

In late August, the Attorney General Alliance hosted its Chair’s Initiative in Girdwood, Alaska, marking the final event under former Alaska Attorney General Treg Taylor’s leadership. The conference brought together attorneys general, cybersecurity experts, and industry leaders to discuss evolving digital threats and strategies for public-private collaboration. Key themes included strengthening na...