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Kelley Drye & Warren LLP

Ad Law News and Views - March 2025

IN THE NEWS AND LATEST UPDATES - What’s Next at FTC Following Firings of Democratic Commissioners? It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their ​“continued service...more

Robinson+Cole Data Privacy + Security Insider

AI Powered Bot Targeted 400,000 Websites

SentinelOne researchers have discovered AkiraBot, which is used to target small- to medium-sized company websites with generative AI, and drafted outreach messages for website chats, comments, and contact forms. SentinelOne...more

Robinson+Cole Data Privacy + Security Insider

Video Game Developer’s Website Privacy Policy Disclosure and Cookie Banner Consent Defeat Wiretap Class Action

Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more

Clark Hill PLC

Washington Supreme Court says it’s illegal to include any false or misleading information in the subject line of a commercial...

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On April 17, the Washington Supreme Court held that RCW 19.190.020(1)(b) prohibits sending Washington residents commercial emails that contain any false or misleading information in the subject lines of such emails. In Brown...more

Cozen O'Connor

Bipartisan AG Task Force Wants to Hang Up on Illegal Robocalls

Cozen O'Connor on

The bipartisan Anti-Robocall Multistate Litigation Task Force—consisting of 51 AGs—issued warning letters to nine Voice over Internet Protocol (VoIP) providers that they may be transmitting illegal robocall traffic in...more

Fox Rothschild LLP

Session Replay Enforcement, but in French

Fox Rothschild LLP on

Following a wave of “session replay” wiretapping lawsuits in the United States, France’s Commission Nationale de l’Informatique et des Libertés (CNIL) has launched a consultation on tools for recording and replaying browsing...more

Husch Blackwell LLP

Arkansas Legislature Passes Children and Teens’ Online Privacy Protection Act

Husch Blackwell LLP on

Keypoint: If signed by the governor, the Arkansas bill will create new obligations for the collection and processing of personal information for Arkansas children and teens under 16 years of age, however, compliance may prove...more

Baker Botts L.L.P.

Federal Lawmakers Reintroduce NO FAKES Act to Combat Unauthorized Digital Replicas

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In early April 2025, a bipartisan group of U.S. Senators reintroduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, signaling renewed momentum for federal legislation addressing the rise of...more

Goodwin

Luxembourg Takes Legislative Step to Implement the Digital Services Act

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Luxembourg has adopted the law of 4 April 2025, marking a significant step toward the national implementation of Regulation (EU) 2022/2065 on a Single Market for Digital Services (the Digital Services Act, or DSA)....more

Blake, Cassels & Graydon LLP

La CSC annule les plafonds liés aux dépenses de publicité politique faite par des tiers en période préélectorale en Ontario

Les tiers qui exercent des activités de publicité politique en Ontario devraient s’attendre à des changements dans l’avenir, la Cour suprême du Canada (la « CSC ») ayant rendu sa décision dans le cadre de la contestation...more

Troutman Pepper Locke

The FTC Shines Its Spotlight on the Top Text Scams of 2024

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As technology advances, so do the tactics of scammers. The Federal Trade Commission (FTC) recently released a data spotlight on the top text scams of 2024, revealing a significant increase in financial losses despite a...more

Wiley Rein LLP

FCC Issues Draft NPRM Proposing Targeted Changes to Foreign Ownership Rules and Processes

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On April 7, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) that proposes to codify a number of definitions and concepts underlying the foreign ownership rules and process in...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 8

New York State Bill Aims To Take a Bite Out of Junk Food Ads for Kids - New York state lawmakers recently introduced a bill to restrict false and misleading advertising of "junk" food to children. They say the purpose of...more

Kelley Drye & Warren LLP

NAD Deflates Disparaging Claims

Tempur-Pedic ran ads on social media asking viewers whether they want a mattress ​“that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more

Hogan Lovells

When AI and Copyright clash: Chinese courts find AI platform liable for contributory copyright infringement based on AI generated...

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The Hangzhou Internet Court recently found a Chinese AI platform liable for contributory copyright infringement, after the platform allowed users to create, apply and share models enabling the AI generation of variations on...more

BakerHostetler

Reading the Tea Leaves: What’s Next for ‘Made in the USA’ Claims?

BakerHostetler on

A recent jury decision in Banks et al. v. R.C. Bigelow, Inc., et al., Case No. 2:20-cv-06208, in the Central District of California may serve to embolden more consumer class action filings in the Golden State over domestic...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Holland & Knight LLP

Podcast - Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta delves into the shifting landscape of consumer protection regulation amid significant policy and administrative changes at federal...more

Littler

FCC Takes Aim at Media Companies’ IE&D Efforts

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Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Pagefreezer

Social Media vs. Compliance — The Major Marketing Problem Stumping Financial Services

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These days, you'd be hard-pressed to find an business that isn't advertising on social media. But when it comes to financial service providers, social media marketing can become a double-edged sword, or worse a compliance...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: March 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) California considers a “commercial exception” to wiretapping and pen registry laws; (2) a rise in federal wiretapping claims against websites; (3) more courts impose “knowledge or intent”...more

Arnall Golden Gregory LLP

Postproduction Credits Back on the Menu: Georgia Revives Income Tax Credits for Film/TV Postproduction Activities

In the final days of the session, the Georgia Legislature reinstated Georgia’s income tax credit for film and television postproduction activities. For tax years beginning January 1, 2026, H.B. 129 will now permit Georgia...more

Kelley Drye & Warren LLP

Shein Faces Class Action Over Influencer Posts

A recent class action asks how it’s possible that a Chinese company, with allegedly ​“no fashion designers or background, selling flea-market quality clothes, became a giant in the fast-fashion industry in the US?” The...more

Fisher Phillips

From Search to Share: Court Holds Third-Party Interception of Search Bar Terms Can Support CIPA Claim

Fisher Phillips on

As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...more

Fisher Phillips

SCOTUS Will Soon Decide the Fate of E-Rate Program: Could Schools Lose Their Tech Funding?

Fisher Phillips on

The U.S. Supreme Court recently heard argument on an important case that has the potential to upend a significant source of technology funding for school systems throughout the country. The FCC v. Consumers’ Research case,...more

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