As we’ve discussed here, data brokers have been in the hot seat lately, with the enactment of new state data broker registry laws, aggressive enforcement by the FTC, a looming rulemaking by the CFPB to extend the FCRA’s reach to a broader class of data brokers, multiple federal bills to restrict data broker sales, and a recent meeting at the White House to discuss ​“harmful data broker practices” and provide further impetus for regulation.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-just-passed-sb-362-whatever-you-think-about-the-merits-of-the-law-its-a-big-deal

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

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California Just Passed SB 362: Whatever You Think About the Merits of the Law, It’s a Big Deal

This month, Google announced that it would soon implement new requirements for ​“bulk senders” – defined as senders who send more than 5,000 messages to Gmail addresses in one day – that will likely impact most companies that send marketing emails.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-gmail-marketing-requirements-will-impact-most-advertisers

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
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New Gmail Marketing Requirements Will Impact Most Advertisers

At its most recent open meeting on February 15, 2024, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt yet another round of rule changes related to the Telephone Consumer Protection Act (TCPA). These rule changes, focused on expanding consumers’ ability to revoke consent to receive calls and texts, build on the FCC’s other recent TCPA actions – namely the adoption of a one-to-one consent requirement, and a ruling that calls to consumers using artificial intelligence technologies are considered ​“artificial or prerecorded” messages subject to regulation under the TCPA.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-adopts-changes-to-tcpa-consent-revocation-rules

Alysa Hutnik
ahutnik@kelleydrye.com
(202) 342-8603
www.kelleydrye.com/people/alysa-z-hutnik

Jennifer Rodden Wainwright
jwainwright@kelleydrye.com
(202) 342-8649
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FCC Adopts Changes to TCPA Consent Revocation Rules

After nearly a year without a Republican Commissioner after Christine Wilson’s resignation, the FTC will again have a full slate of five Commissioners – with two new Republican Commissioners in Melissa Holyoak and Andrew Ferguson confirmed last night. Shortly before the President’s State of the Union address, the Senate voted unanimously via voice vote to confirm Holyoak and Ferguson along with reconfirming current Democratic Commissioner Becca Slaughter to a new term.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/senate-confirms-new-ftc-commissioners-holyoak-and-ferguson-reconfirms-slaughter

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Maggie Crosswy
mcrosswy@kelleydrye.com
(202) 431-4760
https://www.kelleydrye.com/people/maggie-c-crosswy

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Senate Confirms New FTC Commissioners Holyoak and Ferguson; Reconfirms Slaughter

Breaded fish fillets were the latest target of an ESG class action lawsuit examining sustainable certifications, traceability claims, and broad environmental benefit claims for ConAgra’s fish fillets and similar seafood products. The Northern District of Illinois decided on a motion to dismiss that although ​“certified sustainable seafood” claims may be permissible in this case, general ​“good for the environment” claims require further review and so the Court partially denied ConAgra’s motion to dismiss.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/federal-court-unpacks-challenge-to-fishy-environmental-claims

Katie Rogers
krogers@kelleydrye.com
(202) 342-8455
https://www.kelleydrye.com/people/katie-rogers

Gregory Berman
gberman@kelleydrye.com
(212) 808-7844
https://www.kelleydrye.com/people/gregory-t-berman

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Federal Court Unpacks Challenge to Fishy Environmental Claims

In a long-awaited decision with profound implications for the future of the agency, the Supreme Court held 7-2 today that the Consumer Financial Protection Bureau (CFPB) is constitutionally funded. CFPB officials can breathe a sigh of relief as a contrary decision would have called into question many longstanding enforcement, investigative, and regulatory efforts. With the Court’s decision today, more than a dozen pending CFPB cases that had been paused pending the decision will now move forward.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/supreme-court-upholds-cfpb-funding-mechanism-as-constitutional-quelling-uncertainty-and-reinvigorating-the-cfpbs-docket

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Natascia Taken
ntaken@kelleydrye.com
(312) 857-7097
https://www.kelleydrye.com/people/natascia-m-taken

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Supreme Court Upholds CFPB Funding Mechanism as Constitutional

Last week, the FTC, by a 3-2 vote along party lines, adopted its click-to-cancel rule, which purports to make it easier to cancel gym memberships, streaming services, and the like. [We wrote about it here.] The final rule will apply across the economy to any business that offers negative option plans (e.g., subscriptions) and would provide the Commission with the ability to obtain civil penalties from covered entities for any misrepresentation about the underlying product or service.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/why-dissenting-statements-by-ftc-commissioners-matter

John Villafranco
jvillafranco@kelleydrye.com
(202) 342-8423
https://www.kelleydrye.com/people/john-e-villafranco

Kate White
kwhite@kelleydrye.com
(202) 342-8855
https://www.kelleydrye.com/people/katherine-white

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Why Dissenting Statements By FTC Commissioners Matter

Combatting robocalls has been and continues to be an important area of enforcement for State Attorneys General, as we have previously reported. On October 18, 2024, the Anti-Robocall Multistate Litigation Task Force (Task Force), comprised of 51 bipartisan State AGs, released a notice letter outlining concerns that a Florida-based company was ​“transmitting suspected illegal robocall traffic on behalf of one or more of its customers” and cautioning that the company ​“should cease transmitting any illegal traffic immediately.” The letter, which was addressed to iDentidad Advertising Development LLC dba iDentidad Telecom (iDentidad), is illustrative of the collaboration not only among State AGs, but also with federal agencies and private industry, on the issue of robocalls.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-aim-spotlight-on-robocall-gateway-service-provider

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

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

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

Jenny Wainwright
jwainwright@kelleydrye.com
(202) 342-8649
https://www.kelleydrye.com/people/jennifer-rodden-wainwright

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State AGs Aim Spotlight On Robocall "Gateway" Service Prover

On Tuesday, the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule that requires many financial institutions, credit card issuers, and other financial service providers that facilitate payments (including mobile wallets and payment apps) to support new open banking standards and make account records accessible and portable. The CFPB uses the term ​“open banking” to refer to the ability of customers to share personal financial data between a network of entities.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-pushes-move-to-an-open-banking-system-with-the-personal-financial-data-rights-rule-and-sparks-immediate-court-challenges-from-industry

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Matt Luzadder
mluzadder@kelleydrye.com
(312) 857-2623
https://www.kelleydrye.com/people/matthew-c-luzadder

Alex Schneider
aschneider@kelleydrye.com
(202) 342-8634
https://www.kelleydrye.com/people/alexander-i-schneider

Leah Plagge Rabkin
lrabkin@kelleydrye.com
(202) 342-8523
www.kelleydrye.com/people/leah-plagge-rabkin

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CFPB Pushes Move To An Open Banking System With The Personal Financial Data Rights Rule

No, that is not a clock you hear – it’s just TikTok in the news again, as several states filed lawsuits or other legal challenges last week against the platform, alleging harmful and exploitative tactics affecting the mental health of children users.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tiktok-faces-new-challenges-from-state-ags

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

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

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

Natascia Taken
ntaken@kelleydrye.com
(312) 857-7097
https://www.kelleydrye.com/people/natascia-m-taken

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TikTok Faces New Challenges From State AGs

Unbeknownst to me (until yesterday), Fat Bear Week has been a big event for the past ten years. As far as I can tell, it’s like a reality show in which the contestants are bears, instead of humans. And unlike some human reality shows where the goal is to lose as much weight as possible, the goal here seems to be to gain as much weight as possible. As with other reality shows, there can be drama between contestants and – apparently because the bears really want to win – sometimes even violence.

www.kelleydrye.com/viewpoints/blog…n-fat-bear-week

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
www.kelleydrye.com/people/gonzalo-e-mon

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Reflections On Fat Bear Week

With the election decided, the speculation has begun. In our area of the law, that means a number of things, including what will happen at the FTC – with the current Commission and Chair Khan, with recently announced rules and those forthcoming, and with pending and future investigations, amongst other issues.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-to-expect-at-the-ftc-pre-and-post-inauguration

John Villafranco
jvillafranco@kelleydrye.com
(202) 342-8423
https://www.kelleydrye.com/people/john-e-villafranco

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

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What To Expect At The FTC Pre And Post - Inauguration

Last Thursday, the Consumer Financial Protection Bureau (CFPB) announced a Final Rule authorizing the agency to supervise and conduct examinations of certain non-bank providers of digital wallets and payment apps for consumers’ general use. The Final Rule, which takes effect 30 days after publication in the Federal Register, largely mirrors the agency’s earlier proposed rule, which we blogged about last year. Assuming it takes effect and is not overturned or cut back, the Final Rule will enable the CFPB to supervise companies in key areas such as privacy and information sharing, alleged banking errors and fraudulent and disputed transactions, and debanking or consumer loss of access to payment technologies or accounts.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-finalizes-rule-to-supervise-digital-wallets-and-mobile-payment-apps-ahead-of-transition-to-trump-administration

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Alex Schneider
aschneider@kelleydrye.com
(202) 342-8634
www.kelleydrye.com/people/alexander-i-schneider

Salim Rashid
srashid@kelleydrye.com
(202) 342-8473
https://www.kelleydrye.com/people/salim-rashid

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CFPB Finalizes Rule To Supervise Digital Wallets And Mobile Payment Apps

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