On July 29, 2024, the FTC’s revised Health Breach Notification Rule (HBNR) takes effect. The Rule requires vendors of personal health records (PHRs) and related entities not covered by HIPAA to notify individuals, the FTC, and in some cases, the media in the event of a breach of unsecured personal health data. Businesses operating a wide array of services, including health, diet, and fitness apps should take care to review the revised HBNR and assess its applicability to their practices.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-updates-to-the-health-breach-notification-rule-mean-for-your-business

Aaron Burstein
aburstein@kelleydrye.com
(202) 342-8453
https://www.kelleydrye.com/people/aaron-j-burstein

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

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

What Updates to the Health Breach Notification Rule Mean for Your Business

On August 7, 2024, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking and Notice of Inquiry related to the use of artificial intelligence in outbound calls and texts. Among the proposed rules are a definition of an ​“AI-generated call” and disclosure requirements for placing such calls. This item is the latest in a series of actions taken by the FCC this year under its authority to implement the Telephone Consumer Protection Act (TCPA) and demonstrates the agency’s continued focus on what it says is the ​“top category of consumer complaints that [it] receive[s].” Initial comments on the proposed rules will be due 30 days after the item is published in the Federal Register, and reply comments will be due 15 days thereafter.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-proposes-new-tcpa-rules-for-ai-calls-and-texts

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

Jennifer Rodden Wainwright
jwainwright@kelleydrye.com
(202) 342-8649
www.kelleydrye.com/people/jennifer…dden-wainwright

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

FCC Proposes New TCPA Rules for AI Calls and Texts

We have frequently written on AGs interest in AI. In what Texas calls the ​“first-of-its-kind healthcare generative AI” settlement, the state resolved its investigation into Pieces Technologies’ alleged misleading statements about accuracy of products deployed in major hospitals. Pieces claimed the product ​“summarizes, charts, and drafts clinical notes for your doctors and nurses…so they don’t have to.” The company further claimed accuracy of a <1 per 100,000 ​“severe hallucination rate,” a ​“phenomena of generative AI products creating an output that is incorrect or misleading.” Texas found this to be ​“likely inaccurate” and alleged these representations ​“may have violated the DTPA.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/the-eyes-of-texas-are-on-ai-generative-ai-settlement-reached

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

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

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

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

The Eyes of Texas are on AI - Generative AI Settlement Reached

Earlier this week, we described Texas’s new youth privacy law, the Securing Children Online Through Parental Empowerment (SCOPE) Act, and previewed that the Texas Attorney General is likely to use it to target social media platforms. And we were correct: yesterday, Texas sued TikTok under the SCOPE Act for allegedly ​“exploiting Texas children and failing to prioritize minors’ online safety and privacy.” The lawsuit is the first alleging violations of the SCOPE Act.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/texas-ag-sues-tiktok-in-first-lawsuit-brought-under-scope-act

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

Andrea deLorimier
adelorimier@kelleydrye.com
(202) 945-6642
www.kelleydrye.com/people/andrea-delorimier

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Texas AG Sues Tik Tok In First Lawsuit Brought Under SCOPE Act

The California Privacy Protection Agency (CPPA) has signaled it will advance rulemaking at its upcoming November 8 board meeting to place restrictions on the use of automated decision-making technology (ADMT) and impose new obligations to require businesses to conduct cybersecurity audits and risk assessments. The agency has grappled with these issues for more than two years, including soliciting formal comments in a February 2023 invitation for preliminary comments and conducting other stakeholder outreach.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/the-california-privacy-protection-agency-advances-regulations-to-reign-in-ai-mandate-security-audits-and-risk-assessments-and-update-ccpa-obligations

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

Aaron Burstein
aburstein@kelleydrye.com
(202) 342-8671
https://www.kelleydrye.com/people/aaron-j-burstein

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

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

The California Privacy Protection Agency Advances Regulations

Under many circumstances, state privacy laws require businesses to pass a consumer’s valid deletion request to any entity that processes the data on behalf of the business or otherwise is a recipient of the data. These so-called ​“flow-down” obligations can be challenging to unpack. Here’s a look at the flow-down obligations that may be applicable, depending on the circumstances.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-privacy-law-requirements-instructing-vendors-and-partners-to-fulfill-deletion-and-opt-out-privacy-rights-requests

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

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

Laura Riposo VanDruff
lvandruff@kelleydrye.com
(202) 342-8435
https://www.kelleydrye.com/people/laura-riposo-vandruff

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

Meaghan Donahue
mdonahue@kelleydrye.com
(202) 945-6622
https://www.kelleydrye.com/people/meaghan-m-donahue

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

State Privacy Law Requirements- Instructing Vendors And Partners To Fulfill Privacy Rights Requests

With the new year just around the corner and eight new privacy laws coming online next year, December is an excellent time for companies to assess their data collection and processing practices, and take stock of any changes needed to meet additional legal requirements. We break down what you need to know as we head into 2025.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-privacy-laws-in-2025-what-you-need-to-know

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

Aaron Burstein
aburstein@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/people/aaron-j-burstein

Meaghan Donahue 
mdonahue@kelleydrye.com
(202) 945-6622
https://www.kelleydrye.com/people/meaghan-m-donahue

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

New Privacy Laws In 2025- What You Need To Know

The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that according to the FTC’s release ​“would strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing (MLM) programs and money-making opportunities.” Notably, the proposed Earnings Claims Rule is limited to MLM programs (with different definitions proposed for consideration) and would not cover the gig economy, notwithstanding that the Commission’s recent enforcement actions related to earnings claims have not involved direct selling companies.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-puts-pedal-to-the-metal-to-release-proposed-rule-on-mlm-earnings-claims-changes-to-business-opportunity-rule-but-republican-commissioners-pump-the-brakes-in-potential-foreshadowing

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

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

Robert Ward
rward@kelleydrye.com
(973) 503 5978
https://www.kelleydrye.com/people/robert-n-ward

Ioana Gorecki
igorecki@kelleydrye.com
(202) 342-8417
https://www.kelleydrye.com/people/ioana-gorecki

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

FTC Puts Pedal To The Metal To Release Proposed Rule On MLM Earnings Claims

On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a ruling which vacated the so-called ​“one-to-one” consent requirement for marketing calls and texts adopted by the Federal Communications Commission (FCC) in its implementing rules for the Telephone Consumer Protection Act (TCPA). In its ruling, the court held that the rule adopted by the FCC exceeded the agency’s statutory authority because it conflicted with the plain meaning of ​“prior express consent” in the TCPA. Below we summarize the court’s ruling and explain what it means for businesses going forward.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/eleventh-circuit-vacates-tcpa-11-consent-rule

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

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

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Eleventh Circuit Vacates TCPA 1 - 1 Consent Rule

A New York health privacy law has moved quickly through both chambers of the state legislature and is up for review by Governor Kathy Hochul. The New York Health Information Privacy Act (“NYHIPA”) bears striking resemblance to similar laws in Washington, Nevada, and Connecticut, but also adopts novel provisions that could make this one of the most stringent privacy laws on the books in the U.S.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-year-new-health-privacy-law-what-you-need-to-know-about-nyhipa

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

Aaron Burstein
aburstein@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/people/aaron-j-burstein

Chris Tarbell
ctarbell@kelleydrye.com
(202) 342-8813
https://www.kelleydrye.com/people/christopher-s-tarbell

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

Meaghan Donahue
mdonahue@kelleydrye.com
(202) 945-6622
www.kelleydrye.com/people/meaghan-m-donahue

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Hosted by Simone Roach

New Year, New Health Privacy Law? – What You Need To Know About NYHIPA

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.

New tracks tagged #Privacy and Information Security