The CPPA and Federal Preemption of State Data Privacy Laws?

Without a federal consumer data privacy law construct, legislators from several states have been promulgating their own, individual regulations. Of the five states that have comprehensive laws on the books (California, Colorado, Connecticut, Virginia and Utah), California was the pioneer, the first to enact a state consumer privacy law when it passed the California Consumer

The CPPA and Federal Preemption of State Data Privacy Laws? Read More »

Marketing Partner Lists, The FCC, and Telemarketing’s Future

On February 23, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a telemarketing Report and Order and Further Notice of Proposed Rulemaking (“FNPR”). Most notably, the FCC telemarketing FNPR seeks to: (1) extend the reach of the Do-Not-Call (“DNC”) Registry to specifically include text messages; and (2) restrict the use of marketing partner lists

Marketing Partner Lists, The FCC, and Telemarketing’s Future Read More »

deceptive advertising

Deceptive Amazon Marketing and the FTC

On February 16, 2023, the Federal Trade Commission (“FTC”) fined The Bountiful Company (“Bountiful”) $600,000 for its misleading marketing practices on the Amazon e-commerce site. The FTC is a United States governmental agency whose primary mission is to protect consumers and enforce civil antitrust laws. Bountiful is a New York State corporation that markets and

Deceptive Amazon Marketing and the FTC Read More »

Cryptocurrency Marketing

SEC Charges Paul Pierce with Cryptocurrency Marketing Violations

Companies often hire celebrities to promote their goods and services. It is an efficient and lucrative way to generate attention and interest in brands. Keep in mind that individuals who promote and tout such products and services are subject to applicable marketing regulations. This is true in all industries, including in the securities space. The U.S. Securities and Exchange Commission (“SEC”) has unapologetically pursuedcompanies, celebrities and other individuals who

SEC Charges Paul Pierce with Cryptocurrency Marketing Violations Read More »

state privacy policy

Businesses Must Make State Specific Privacy Policy Changes! 

The states of Colorado, Connecticut, Utah and Virginia recently enacted new state data privacy laws (and California passed significant revisions to its existing data privacy law) that require tailored-to-each-state privacy policy changes.  While the California Privacy Rights Act (“CPRA”) and Virginia Consumer Data Protection Act (“VCDPA”) went into effect on January 1, 2023, the Colorado

Businesses Must Make State Specific Privacy Policy Changes!  Read More »

false advertising

California Court Rules in Ensure False Advertising Case

The State of California has multiple statutes that protect consumers from misleading and false advertising. Some of these laws include the Unfair Competition Law (“UCL”), the False Advertising Law (“FAL”), and the Consumer Legal Remedies Act (CLRA”). Combined, these laws serve to both protect consumers and afford legal recourse in the event of a company’s

California Court Rules in Ensure False Advertising Case Read More »

cannabis advertising

Twitter Rolls out Approval for Cannabis Advertising

Across the Country, states continue to both legalize cannabis sales and develop associated industry regulations. Naturally, there has been a lot of attention to what constitutes compliant cannabis advertising. As of December 2022, Twitter’s audience comprised over 368 million monthly active users. That is a lot of users, who make up a captive audience —

Twitter Rolls out Approval for Cannabis Advertising Read More »