The Fine Print

The National Advertising Division (NAD) of BBB National Programs, Inc. has changed its filing fees effective January 1, 2020.

In November, Google announced a plan to offer restricted data processing to ensure businesses can treat Google as a service provider under the California Consumer Privacy Act (CCPA).

The Digital Advertising Alliance (DAA) launched tools in late November that will assist businesses with California Consumer Privacy Act (CCPA) compliance, by increasing consumer control over data on all DAA participating companies through simple tools.

The $5 billion influencer industry is booming with an endless stream of fresh, aesthetically pleasing, and seemingly authentic figures.

AT&T is facing another potential setback to its “5G Evolution” advertising campaign after the National Advertising Division of the Better Business Bureau concluded that AT&T’s “5G E” claims are misleading to consumers. AT&T intends to appeal the NAD’s decision.

Nike’s recent slogan, “Sport Changes Everything,” was blocked by a North Carolina federal judge, who concluded the phrase infringed upon Fleet Feet Inc.’s existing trademarks “Running Changes Everything” and “Change Everything,” which the brand uses to promote running products and events.

Arent Fox Partner Matt Mills will speak at ACI’s 3rd Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation in January 2020. Matt will specifically examine the FTC and NAD’s recent scrutiny of “Made in the USA” and other country of origin claims.

Last month, Representatives Sean Patrick Maloney (NY-18) and Grace Meng (NY-6) introduced the Natural Cosmetics Act that would define the term “natural” as it relates to personal care products and give the US Food and Drug Administration (FDA) authority to enforce the new requirements. 

YouTube has a new procedure in place for content with children as the target audience. Due to a recent FTC settlement, channel owners must determine if content is direct to children before publishing.

Right to repair laws have come in and out of the public eye over the last decade. While many of the earliest laws covered only specific industries, such as the automotive and farm equipment industries, many states are looking towards legislation that specifically targets electronics.

Headlines that matter for privacy and data security.

A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules.

The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns.

The FTC was primarily listening for comments without providing much input.

Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him.

Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October.

As security risks continue to be at the forefront of legislators’ agendas across the country, New York has joined the growing roster of states pressing businesses to develop more robust breach procedures.

News and analysis that matters for privacy and data security.

The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction constitutes acceptance of an offer. 

Associate Eva Pulliam recently wrote the article, “CCPA’s Potential Impact in the Automotive Space,” that was published in The Privacy Advisor on October 1, 2019.

A for-profit higher education company recently agreed to pay $30 million to settle Federal Trade Commission charges stemming in large part from deceptive practices by third-party “lead generators.”

The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores.

Headlines that matter for privacy and data security.

We are pleased to provide you with the updated, 2019 version of the Arent Fox Survey of Data Breach Notification Statutes.

Headlines that matter for privacy and data security.