2022

On today’s episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s October Open Meeting. First, partner Chip Yorkgitis discusses the Commission’s adoption of a Notice of Inquiry to explore the potential restructuring of the 12.7 GHz Band to accommodate the introduction of Next-Generation and other mobile Wireless Services (1:15-13:39).  Following Chip, partner Hank Kelly discusses Caller ID Authentication on Non-IP Networks (13:45-26:23).  Finally, special counsel Mike Dover covers the FCC’s consideration of a Notice of Proposed Rulemaking to strengthen the operational readiness of the Emergency Alert System and Wireless Emergency Alerts (26:33-47:13).

FCC Open Meeting Recap: October 2022

In late September, we blogged about a lawsuit that the Chamber of Commerce and other business groups filed against the CFPB, challenging the CFPB’s update to its Supervision and Examinations Manual. As updated, the manual now states that discrimination is an “unfair” practice under the Dodd-Frank Act, and that the agency plans to scrutinize it “across the board in consumer finance,” “including in situations where fair lending laws may not apply.” We noted in our blogpost that the FTC and the State AGs were also sending signals that they planned to challenge discrimination using their unfairness authority.

Well, the FTC just did. On October 18, it announced a settlement with Passport Automotive Group resolving allegations (among other charges) that Passport engaged in an unfair practice when it imposed higher costs on Black and Latino customers than on similarly situated non-Latino White customers. The vote was 4-1, with Commissioner Phillips dissenting and Commissioner Wilson concurring in part and dissenting in part.

https://www.adlawaccess.com/2022/10/articles/update-on-discrimination-and-unfairness-the-ftcs-case-against-passport-automotive-group/

Jessica L. Rich
 jrich@kelleydrye.com 
(202) 342-8580
 Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich

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Hosted by Simone Roach

Produced by Jeff Scurry

Update on Discrimination and Unfairness – The FTC’s Case Against Passport Automotive Group

Attorney General Karl Racine announced a new lawsuit against the Washington Commanders, team owner Dan Snyder, the NFL, and NFL Commissioner Roger Goodell for “colluding to deceive DC residents about an investigation into toxic workplace culture and allegations of sexual assault to maintain a strong fanbase and increase profits.”

The lawsuit claims that “for decades, Snyder has cultivated an environment within the Team that glorifies sexual harassment and punishes victims for speaking out.” Throughout the 45-page complaint, the AG details examples of a hostile work environment which, if true, are reprehensible. But why are you reading about a lawsuit that focuses on a hostile work environment on a blog that focuses on advertising law?

The AG argues that DC’s Consumer Protection Procedures Act (or “CPPA”) “establishes an enforceable right to truthful information from merchants about consumer goods and services that are or would be purchased, leased, or received in the District of Columbia,” that the defendants are “merchants” under the law, and that they provide “consumer goods and services” to DC residents. Nothing too surprising there.

Gonzalo E. Mon
Phone: (202) 342-8576
Email: gmon@kelleydrye.com
Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

Download the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-Advertising

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Hosted by Simone Roach

Produced by Jeff Scurry

DC Lawsuit Against the Commanders Signals Expansion of Consumer Protection Laws

The World Cup kicked off amidst cheers and chants from the fans who had made their way to Qatar to watch the games. Although most fans chanted in support of their teams, Ecuadorean fans in one section of Al Bayt Stadium had a different message: “Queremos cerveza, queremos cerveza.” They want beer. Sadly for them, there is no beer to be had after the government in Qatar made a last-minute decision to ban sales at all World Cup stadiums.

https://www.adlawaccess.com/2022/11/articles/thirsty-world-cup-fans-serve-up-reminder-about-sponsorship-agreements/

Gonzalo E. Mon
Phone: (202) 342-8576
Email: gmon@kelleydrye.com
Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

Download the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-Advertising

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

Thirsty World Cup Fans Serve Up Reminder About Sponsorship Agreements

Multiple state Attorneys General (AGs) and staff from offices nationwide gathered in Washington, DC for the National Association of Attorneys General (NAAG) 2022 Consumer Protection Fall Conference. The conference addressed pressing and relevant consumer protection issues facing attorney general offices. The public portion of the conference included a panel of current and former AGs, who focused their remarks on multistate investigations.

All of participating current and former AGs agreed that multistates would continue to be an important part of their work. AG Brian Frosh (MD) described them as a “force multiplier” for AG offices with limited resources, and AG Doug Peterson (NE) reiterated that they are going to continue to be an important focus nationwide. AG Kwame Raoul (IL) pointed out that multistates have the benefit of multiple perspectives, and may be able to address priorities that may not be on a particular AG’s radar. AG Jonathan Skrmetti (TN) also described multistates as a way to overcome resource asymmetry between states and sees them as capable of making a massive impact on society.

https://www.adlawaccess.com/2022/11/articles/attorneys-general-revisit-the-state-of-multistates/

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Hosted by Simone Roach

Produced by Jeff Scurry

Attorneys General Revisit the State of Multistates

The DC Superior Court dismissed a lawsuit brought by Earth Island Institute against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.” The court held that many of the challenged statements are aspirational and do not include anything that can be measured to determine whether they are true or false.

https://www.adlawaccess.com/2022/11/articles/coca-cola-scores-second-win-over-green-claims-in-one-month/

Gonzalo E. Mon
 gmon@kelleydrye.com 
(202) 342-8576 
Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon

Download the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-Advertising

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

Coca-Cola Scores Second Win over Green Claims in One Month

a coalition of 40 attorneys general obtained two multistate settlements with Experian concerning data breaches it experienced in 2012 and 2015 that compromised the personal information of millions of consumers nationwide. The 2012 breach investigation was co-led by the Massachusetts and Illinois AG offices, and the 2015 investigation was co-led by the AGs of Connecticut, DC, Illinois, and Maryland. An additional settlement was reached with T-Mobile in connection with the 2015 Experian breach, which impacted more than 15 million individuals who submitted credit applications with T-Mobile.

https://www.adlawaccess.com/2022/11/articles/ag-settlements-call-for-stronger-data-security/



Paul L. Singer 
psinger@kelleydrye.com 
(202) 342-8672 
Bio - www.kelleydrye.com/Our-People/Paul-L-Singer

Ali Albazzaz  
aalbazzaz@kelleydrye.com.
(312) 857-2619
Bio: https://www.kelleydrye.com/Our-People/Ali-Albazzaz

Beth Chun 
bchun@kelleydrye.com 
(202) 342-8671
 Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Download the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-Advertising

See our LinkeTree for more information linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

Produced by Jeff Scurry

AG Settlements Call for Stronger Data Security

Partner Alysa Hutnik gives a 101 level discussion on the issues involved in texting campaigns so you don't get sued in a TCPA cause of action.

Telemarketing campaigns are covered by the FTC's Telemarketing Sales Rule, the Telephone Consumer Protection Act (TCPA), and every state’s telemarketing laws. It is not an area to dabble in. Dip your toe in and you might get sued.

For continued coverage of telemarketing/TCPA issues, and other privacy and advertising issues, please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com, our Advertising and Privacy Law Resource center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security and Kelley Drye’s TCPA Tracker newsletter, produced as a collaborative effort between Kelley Drye’s Litigation, Advertising/Privacy, Communications and Insurance Recovery practices to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC https://www.kelleydrye.com/News-Events/Publications/Newsletters/TCPA-Tracker.

In addition, Kelley Drye provides a number of timely and topical communications. Sign up here to receive Kelley Drye email communications tailored to your interests here https://www.kelleydrye.com/News-Events/Communication-Preferences

The Hot Button Issues to Consider When Running a Texting Campaign (Texting 101)

Following on a running theme of the Kelley Green Law Blog (https://www.kelleygreenlawblog.com/) and an article from 2019 (www.snipsmag.com/articles/93790-w…oposition-65-law), Special Counsel Joe Green explains what you need to know about California's Proposition 65 and some of the nuances that make “Prop 65” one of the more popular topics – and frustrating regulatory programs – that businesses confront.

What You Need to Know About California's Proposition 65 Law

Employers are in uncharted territory with the COVID-19 pandemic, which has created complicated employment issues that continue to evolve by the hour. Kelley Drye’s Labor and Employment co-chair Mark Konkel shares practical advice for employers looking to keep employees SAFE and CALM, while also keeping their BUSINESS FUNCTIONING.

Visit Kelley Drye's COVID-19 Response Resource Center at www.kelleydrye.com/Our-Practices/Hot-Topics/COVID-19-Response-Resource-Center

To subscribe to all our COVID-19 related communications, please click www.kelleydrye.com/News-Events/Communication-Preferences

Follow Mark and the rest of the Labor and Employment team through their blog, Labor Days, at www.labordaysblog.com

Admin's Album

COVID-19: What Employers Need to Know Now

The coronavirus threat will still be active when many employers begin to return their employees to the job. What will you do when employees refuse to return? When some have been sick but not diagnosed? When social distancing measures remain in place? When some parts of the country (or even your city) are “more open” than others? What should employers do to prepare?

In the latest episode of Kelley Drye's Legal Download podcast, Labor and Employment practice group co-chair Barbara Hoey talks through some of the snares of legal, logistical and practical considerations as the nation returns to work.

If you are looking for more information on this topic, our Labor and Employment practice presented a two-part series “Getting Back to Work,” to guide employers through the snares of legal, logistical and practical considerations as the nation returns to work:

Part 1 - Preparations and Considerations for Employers - https://vimeo.com/411569847

Part 2 - When the Rubber Hits the Road - https://vimeo.com/413747550

For additional information on this and other topics, visit:

Labor Days Blog -  www.labordaysblog.com

COVID-19 Response Resource Center - https://www.kelleydrye.com/COVID-19-Response-Resource-Center

Kelley Drye Labor and Employment Practice - https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Labor-and-Employment-Counseling-and-Compliance

COVID-19: Back to Work

Special Counsel Joe Green walks through what you need to know about the regulatory landscape for cleaning products claiming to kill coronavirus, how these products are regulated and what companies and consumers should look for if they are involved in the sales or marketing of these products.  To read more on this topic, visit https://www.kelleygreenlawblog.com/

The Regulatory Landscape for Cleaning Products Claiming to Kill Coronavirus (COVID-19)

Kelley Drye partners Matthew Luzadder and Neil Merkl and special counsel Cameron Argetsinger discuss practical advice for companies assessing claims of "force majeure" and litigation for COVID-19 related business losses.

This podcast and its companion episode covering insurance issues related to force majeure and insurance claims related to COVID-19 are updates to the webinar the team did in April, COVID-19 Financial Remedies: Force Majeure, Business Interruption Insurance Coverage and Contractual Provisions, which is available here: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-Financial-Remedies-Force-Majeure,-Busines

COVID-19 Financial Remedies, Part 1: Contract Responsibilities and Litigation

Kelley Drye partners Matthew Luzadder and Neil Merkl and special counsel Cameron Argetsinger discuss practical advice for companies assessing claims of "force majeure" and review the state of insurance coverage for COVID-19 related business losses.

This podcast and its companion episode covering insurance issues related to force majeure and insurance claims related to COVID-19 are updates to the webinar the team did in April, COVID-19 Financial Remedies: Force Majeure, Business Interruption Insurance Coverage and Contractual Provisions, which is available here: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-Financial-Remedies-Force-Majeure,-Busines

COVID-19 Financial Remedies, Part 2: Insurance

2020 is on pace to set a record as the busiest year for bankruptcy filings since the Great Recession. Special Counsel Jennifer Raviele and Partner Bob LeHane of Kelley Drye's Bankruptcy and Restructuring practice discuss the current state of retail and restaurant bankruptcy cases, the impact of the global pandemic, and what to expect in the future.

If you would like further information, please reach out to:

Bob LeHane - www.kelleydrye.com/Our-People/Robert-L-LeHane
Jennifer Raviele - www.kelleydrye.com/Our-People/Jennifer-D-Raviele

Additional information is available at www.kelleydyre.com or our COVID-19 Resource Center at www.kelleydrye.com/COVID-19-Respon…Resource-Center

Bankruptcy During the COVID-19 Pandemic

On this edition of the Legal Download Podcast, partner Matt Luzadder speaks with privacy partner Aaron Burstein about some of the top legal considerations that in-house counsel need to keep in mind when it comes to ransomware.

Aaron Burstein - www.kelleydrye.com/Our-People/Aaron-J-Burstein
Matt Luzadder - www.kelleydrye.com/Our-People/Matthew-C-Luzadder

Additional information is available at our COVID-19 Resource Center at www.kelleydrye.com/COVID-19-Response-Resource-Center and Advertising and Privacy Law Resource Center at www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Ransomware and Cybersecurity Issues During the COVID-19 Pandemic

The Ad Law Access podcast, now available daily, is powered by Kelley Drye’s Advertising and Privacy / Data Security teams. 

Hosted by Simone Roach, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law.

Please visit the Advertising and Privacy Law Resource Center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center and our award winning blog at https://adlawaccess.com.

Update on Discrimination and Unfairness – The FTC’s Case Against Passport Automotive Group

Kelley Drye Ad Law Access Podcast

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