Klein Moynihan Turco’s Response to COVID-19 – Click here

Klein Moynihan Turco

Online Marketing & Advertising Law

Electronic Signatures and Notarization During a Pandemic

by

The onslaught of COVID-19 has required that most businesses now work remotely. This materially changes the dynamic of the office and leaves employees uncertain as to how they will complete tasks, such as executing contracts, which they had, up until then, taken for granted. Businesses should be aware that federal and state laws allow for certain contracts to be executed via electronic signatures and notarized electronically. 

What are the electronic signature and notarization legal requirements?

[Read More]

Telemarketing in a State of Emergency

by

Within a few short weeks, Covid-19 (“Covid-19”), the disease caused by the novel coronavirus SARS-CoV-2, has affected nearly all aspects of life in America. The United States has declared a state of emergency, and multiple states of the Union have followed suit. In addition to Covid-19’s pervasive effects on business, companies engaged in telemarketing also need to be concerned with special restrictions that they may face in jurisdictions that have declared states of emergency. 

What is Prohibited During a State of Emergency?

[Read More]

CCPA Regulations Revised, Again

by

Recently, the California Consumer Privacy Act (“CCPA”) regulations were modified by the California Attorney General for a second time. These modifications are an attempt to address issues raised by approximately one hundred comments that followed the release of the Modified Draft Regulations on February 7, 2020. The California Attorney General is accepting written comments on the latest modifications until March 27, 2020. All of these measures are being taken to ensure that businesses have a clear understanding of what the CCPA regulations require before the enforcement date of July 1, 2020. 

What are the most recent modifications to the CCPA regulations?

[Read More]

Social Media Influencer Marketing and FTC Enforcement

by

The endorsement of a celebrity or social media “influencer” can be a valuable tool for companies seeking to instantaneously advertise to the millions of individuals who follow a popular influencer. Companies pay very handsomely for these endorsements, with some celebrities earning over $1 Million per post. However, this explosion in paid endorsements and influencer marketing has led to the Federal Trade Commission (“FTC”) cracking down on misleading ads where influencers fail to disclose their relationship with the promoted companies. Given the potential for large fines and negative press, companies must be aware of their obligations to ensure that their influencer marketing campaigns comply with applicable law. 

How Should Companies Protect Themselves?

[Read More]

Understanding Telemarketing Law

by

What is Telemarketing Law?

Understanding the complexities of telemarketing law is challenging. Under federal law, telemarketing is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(12). The Federal Communications Commission (“FCC”) has deemed informational calls and messages, as well as calls and messages for non-commercial purposes, exempt from most telemarketing regulations. Complying with state and federal telemarketing law requires constant attention to the evolving regulatory and litigation landscape.

[Read More]

False Advertising: What You Need to Know

by

False advertising occurs when a business makes a misleading, deceptive, or plainly false claim about a particular product or service. There are currently a host of state and federal laws aimed at addressing false advertising, the most prominent of which is the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b).  As articulated by Federal Trade Commission (“FTC”) Commissioner Christine S. Wilson, “[a]ccurate and complete information contributes to the efficient functioning of the market and facilitates informed consumer decision-making.  In contrast, deceptive or false claims inhibit informed decision-making and cause economic injury to consumers.”  

[Read More]

CBD Cosmetics Advertising Guidelines

by

When the Agriculture Improvement Act of 2018 (the “Farm Bill”) was signed into law in December 2018, it gave the Cannabidiol (“CBD”) industry hope that this would be a boon for business. With the passage of the Farm Bill, companies thought that they would now be able to legally sell all things CBD infused, including CBD cosmetics, foods, drinks, animal treats, etc. However, the Farm Bill explicitly preserved the Food and Drug Administration’s (“FDA”) authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug and Cosmetic Act (the “FD&C Act”) and Section 351 of the Public Health Services Act (the “PHS Act”). The Farm Bill also gave states the power to establish their own regulations applicable to the production, sale and distribution of CBD products. As a result, companies that sell cosmetics containing CBD ingredients must be aware of both federal and state regulations concerning the lawful labeling and advertising of CBD cosmetics.

What must CBD businesses know about the advertising of CBD cosmetics? 

[Read More]

CCPA Forms: The Right to Opt-Out, Request to Know and Request to Delete

by

Readers of this blog have been following our coverage of the California Consumer Privacy Act (“CCPA”) and related regulatory developments. In today’s blog, we detail some of the compliance measures that should be taken with respect to consumer data election rights and the associated CCPA forms through which consumers can make these elections. Among other measures, the CCPA has codified California consumers’ rights to: 1) opt-out of the sale of their personal information to third parties; 2) request to know what personal information businesses have collected about them and how businesses have sold or disclosed that information to third parties; and 3) request that businesses delete personal information that has been collected from/about them. With limited exceptions, businesses should provide consumers with CCPA forms to make elections by and through their websites.

What are CCPA forms and when should they be processed?

CCPA Forms

In order to comply with the CCPA, each business is required to “provide two or more methods for submitting requests to opt-out, including, an interactive form accessible via a clear and conspicuous link titled ‘Do Not Sell My Personal Information,’ or ‘Do Not Sell My Info,’ on the business’ website or mobile application.” Businesses do not need to provide an opt-out form if they do not sell personal information and explain this fact in their privacy policies. Opt-out forms should: 1) include a description of consumers’ rights to opt-out of the sale of their personal information; 2) use plain, straightforward language and avoid technical or legal jargon; 3) provide instructions on any other method by which consumers may submit their requests to opt-out; and 4) be reasonably accessible to consumers with disabilities. The modified CCPA regulations have removed the requirements that opt-out forms include proof when consumers are using authorized agents to exercise their rights to opt-out and that opt-out forms provide links to the URLs of businesses’ privacy policies. 

The most recent proposed CCPA regulation revisions have eliminated the requirement that businesses operating exclusively online that have a direct relationship with their consumers provide a web-based CCPA form to submit right to know requests. These businesses are now only required to provide an email address. All other businesses must provide two (2) methods for submitting requests to know including, but not limited to, a toll-free telephone number and, a designated email address or a form that can be submitted by U.S. Mail. When supplying consumers with the ability to delete their personal information, businesses must provide two (2) or more methods for submitting these requests. Methods include, but are not limited to, a toll-free number, a link or form available online through a business’s website, or a designated email address. If businesses create CCPA forms to satisfy right to know and deletion election requirements, they too should use plain, straight forward language, which must be reasonably accessible to consumers with disabilities. Please note that the modified CCPA regulations no longer require a two-step process to effectuate online requests to delete. 

Processing CCPA Forms

Businesses must comply with requests to opt-out no later than fifteen (15) business days from the date the requests are received. If a business sells a consumer’s personal information after the request to opt-out has been received, but before that business has complied with the request, it must notify third parties that have received consumer personal information from the company in this interim period that the consumer has elected to opt-out and that these third parties may no longer sell that consumer’s personal information. Businesses must confirm receipt of right to know and deletion requests within ten (10) business days of receiving such requests and respond to these requests within forty-five (45) calendar days from the date that the subject requests were received. If necessary, businesses that are unable to respond to requests within the forty-five (45) calendar day period may take an additional forty-five (45) calendar days to respond, provided that they provide consumers with notice and explanation that an extension is required. 

CCPA forms are just one regulatory implementation measure that should be taken on the path to CCPA compliance. If you are interested in learning more about this topic or require assistance with consumer data privacy compliance for your business, please email us at info@kleinmoynihan.com, or call us at (646) 713-1684.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. 

Attorney Advertising

Related Blog Posts

CCPA Law: The Private Right of Action

CCPA Service Provider Requirements Clarified by California AG

CCPA Amended to Require California Data Broker Registration