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Kelley Drye Ad Law Access Podcast
Kelley Drye Advertising Law
500 episodes
1 week ago
A bipartisan coalition of state attorneys general recently secured a $7 million multistate settlement with Greystar — the nation’s largest landlord — in ongoing antitrust actions tied to the use of RealPage’s algorithmic pricing software, requiring Greystar to curb use of tools that leverage nonpublic data to recommend rents and cooperate with continued litigation against other landlords while the states press forward in parallel actions. For legal, compliance, and marketing teams, this highlights heightened state antitrust scrutiny of algorithmic pricing and data-driven competitive practices across industries, reinforcing that enforcement can continue even after related federal or class action resolutions. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
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A bipartisan coalition of state attorneys general recently secured a $7 million multistate settlement with Greystar — the nation’s largest landlord — in ongoing antitrust actions tied to the use of RealPage’s algorithmic pricing software, requiring Greystar to curb use of tools that leverage nonpublic data to recommend rents and cooperate with continued litigation against other landlords while the states press forward in parallel actions. For legal, compliance, and marketing teams, this highlights heightened state antitrust scrutiny of algorithmic pricing and data-driven competitive practices across industries, reinforcing that enforcement can continue even after related federal or class action resolutions. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
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Business
Episodes (20/500)
Kelley Drye Ad Law Access Podcast
State AGs Continue Actions Against RealPage Landlords, Multistate Settles for $7 Million
A bipartisan coalition of state attorneys general recently secured a $7 million multistate settlement with Greystar — the nation’s largest landlord — in ongoing antitrust actions tied to the use of RealPage’s algorithmic pricing software, requiring Greystar to curb use of tools that leverage nonpublic data to recommend rents and cooperate with continued litigation against other landlords while the states press forward in parallel actions. For legal, compliance, and marketing teams, this highlights heightened state antitrust scrutiny of algorithmic pricing and data-driven competitive practices across industries, reinforcing that enforcement can continue even after related federal or class action resolutions. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
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1 week ago
8 minutes 3 seconds

Kelley Drye Ad Law Access Podcast
State AGs Push Back (Again) Against Proposed State Law AI Ban
The latest episode explores how a bipartisan coalition of 36 state attorneys general is again pushing back against proposed federal efforts to ban state-level AI laws, sending a policy letter through the National Association of Attorneys General to oppose language in the National Defense Authorization Act that would undercut states’ ability to regulate artificial intelligence in areas like consumer protection and child safety. This standoff highlights persistent federal-state tension over AI governance and why legal, compliance, and marketing teams should track both state and federal developments — especially as states seek to act quickly to fill gaps left by slower national regulation. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
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1 week ago
2 minutes 54 seconds

Kelley Drye Ad Law Access Podcast
New Executive Order Targets State AI Laws; States Show No Signs of Backing Down
The Biden Administration’s latest Executive Order on AI aims to curb a growing patchwork of state-level artificial intelligence laws by directing a DOJ “AI Litigation Task Force” to challenge conflicting state rules, prompting states to signal they’re prepared to fight back and underscoring that federal-state AI regulatory tensions are far from settled. For legal, compliance, and marketing teams, this development highlights the importance of monitoring evolving AI obligations at both the state and federal level — even as the Order itself doesn’t immediately change compliance requirements — because how it’s implemented (and potentially litigated) could significantly affect where and how businesses must comply with AI-related regulation. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Ioana Gorecki.
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1 week ago
5 minutes 49 seconds

Kelley Drye Ad Law Access Podcast
NAD Addresses Disclosures on TikTok Shop
The National Advertising Division recently tackled disclosure practices on TikTok Shop, where Procter & Gamble challenged Blueland’s influencer promotions for allegedly failing to make paid relationships clear; some influencers buried #BlueLandPartner tags in captions or omitted disclosures in video content, prompting Blueland to agree to clearer, more prominent disclosures, while NAD also found that TikTok’s “creator earns commission” tag can suffice for affiliate posts. For legal, compliance, and marketing teams, this underscores the importance of tailoring disclosure instructions to influencer relationships and platform formats to meet FTC and NAD expectations for transparency. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
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2 weeks ago
3 minutes 31 seconds

Kelley Drye Ad Law Access Podcast
FTC Quietly Reopens Click to Cancel Rulemaking in Response to Petition
The FTC may be quietly reviving its controversial Click-to-Cancel rule — and companies with subscription or auto-renewal programs should take notice. After the Eighth Circuit vacated the original rule on procedural grounds, consumer groups petitioned the FTC to reopen the rulemaking, and the Commission has now invited public comment, signaling that federal scrutiny of cancellation practices is far from over. For legal, compliance, and marketing teams, this development underscores the ongoing risk around negative-option offers and the need to evaluate enrollment disclosures and cancellation flows now, not later. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Donnelly L. McDowell, and Aaron J. Burstein.
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2 weeks ago
2 minutes 39 seconds

Kelley Drye Ad Law Access Podcast
Tyson Settles Greenwashing Lawsuit
In a landmark settlement announced this week, Tyson Foods agreed to stop marketing its beef products as “climate-smart” or promising “net-zero by 2050” unless those claims are first verified by an independent expert. The agreement — resolving a consumer-protection lawsuit brought by Environmental Working Group (EWG) — prohibits Tyson from making or repeating such environmental claims for the next five years unless they rest on substantiated science. For companies, the takeaway is clear: sustainability and climate-related marketing must now meet a high bar. Legal, compliance, and marketing teams should scrutinize such claims for evidentiary support and be ready for third-party verification — even in the absence of regulator-driven enforcement. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Katie Rogers.
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1 month ago
3 minutes 56 seconds

Kelley Drye Ad Law Access Podcast
An Update on Texas Mini-TCPA - Clarification on Consent-Based Text Marketing
Texas has clarified that, under the state’s amended “mini-TCPA,” businesses that send marketing texts with prior consumer consent will generally not be required to register as telephone solicitors or post a bond — a potentially major relief for marketers using SMS campaigns. The episode breaks down how S.B. 140 expanded Texas’s telemarketing law to cover texts and what the recent court settlement means for consent-based SMS marketing, while highlighting the compliance steps still needed for issues like quiet hours, no-call lists, and recordkeeping. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.
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1 month ago
6 minutes 2 seconds

Kelley Drye Ad Law Access Podcast
New York’s Algorithmic Pricing Disclosure Law Takes Effect
New York’s new algorithmic pricing law is now in effect, requiring businesses that use consumer data and algorithms to set individualized prices to clearly disclose: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” In this episode, we unpack what triggered the law, how far its reach extends, and what it means for companies using dynamic pricing, personalization, or AI-driven optimization tools — including new compliance obligations and enforcement risk for legal, marketing, and compliance teams. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Salim Rashid.
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1 month ago
6 minutes 10 seconds

Kelley Drye Ad Law Access Podcast
What We Learned from … South Carolina- Leveling the Playing Field in Consumer Protection
In this episode, we walk through how South Carolina Attorney General’s Office — led by Alan Wilson — frames its consumer-protection approach as a “referee on a football field,” focusing on neutrality, predictability, and transparency rather than punitive ends. We explain how the office evaluates cases under a “Meritorious and Compelling State Interest Test,” gives respondents a full opportunity to be heard, and emphasizes good-faith engagement over aggressive enforcement. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier, Benjamin Lieman.
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1 month ago
7 minutes 25 seconds

Kelley Drye Ad Law Access Podcast
State Attorneys General Announce AI Task Force
A coalition of state attorneys general has launched a dedicated AI Task Force aimed at coordinating investigations, enforcement, and regulatory strategy across jurisdictions in an era of rapidly evolving generative AI risks. For legal, compliance, and product teams, this development underscores the urgent need to prepare for multi-state scrutiny of AI use in marketing, privacy, and consumer protection—especially as AGs work together and adopt shared frameworks. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
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1 month ago
3 minutes 8 seconds

Kelley Drye Ad Law Access Podcast
Look Who's Calling- FCC Includes Proposals to Roll Back Several TCPA Rules As Part of "Call Branding" Initiative
The FCC is proposing major overhauls to TCPA rules under its “call branding” initiative—including eliminating its long-standing call abandonment rule, loosening prerecorded caller ID disclosures, and reevaluating consumer consent revocation mechanisms. At the same time, the Commission is pushing new caller ID authentication obligations to increase trust in who is calling. These changes could dramatically reshape compliance for businesses running outbound call and text campaigns. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.
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1 month ago
7 minutes 28 seconds

Kelley Drye Ad Law Access Podcast
Recycling Old Tricks- State AGs Probe Plastics Industry Collusion in Latest ESG Probe
State attorneys general from Florida, Texas, Iowa, Nebraska, and Montana are investigating recycling groups like the U.S. Plastics Pact and GreenBlue Institute, alleging their sustainability goals may amount to antitrust and consumer protection violations. The AGs warn that these environmental organizations could be coordinating to restrict plastic output and mislead consumers on recyclability, potentially functioning as a “group boycott” in violation of state and federal law. This matters for ESG teams, trade associations, and legal/compliance groups: sustainability collaborations can trigger antitrust scrutiny—even among nonprofits—and joint environmental goals may need to be evaluated for competitive risk. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
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1 month ago
4 minutes 24 seconds

Kelley Drye Ad Law Access Podcast
Children’s Online Privacy and Safety- State Laws, Age-Appropriate Design, and Emerging Compliance Trends Beyond COPPA
States are rapidly expanding kids’ privacy and safety rules beyond COPPA, introducing age-appropriate design codes, new social media requirements, and California’s groundbreaking Digital Age Assurance Act. With regulators, AGs, and global authorities increasing scrutiny, companies now face a fast-evolving patchwork that affects data practices, product design, and risk management. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Alysa Z. Hutnik.
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1 month ago
8 minutes 17 seconds

Kelley Drye Ad Law Access Podcast
JBS Settles NY AG Greenwashing Suit for $1.1 Million
JBS USA will pay $1.1 million to settle allegations from New York AG Letitia James that its “Net Zero by 2040” claim misled consumers. The case underscores the growing scrutiny of environmental marketing and the need for companies to substantiate sustainability goals with real data and clear language. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Paul L. Singer, Beth Bolen Chun, and Katie Rogers.
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1 month ago
5 minutes 58 seconds

Kelley Drye Ad Law Access Podcast
Pennsylvania Settles with Mail Order Subscription Business - Again
Pennsylvania Attorney General Dave Sunday announced a $750,000 settlement with American Mint LLC over its negative option subscription practices — marking the company’s second major enforcement action following a 2005 Assurance of Voluntary Compliance. The case underscores how state AGs continue to use UDAP authority to address deceptive subscription practices, even without specific auto-renewal laws on the books. For legal, compliance, and marketing teams, this settlement highlights the importance of clear, conspicuous disclosures, express consent, and accessible cancellation methods — and serves as a reminder that legacy agreements and practices remain enforceable decades later. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
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1 month ago
6 minutes 23 seconds

Kelley Drye Ad Law Access Podcast
State AGs and "Junk" Fees- NAAG Consumer Protection Conference Fall 2025
In Part One of our two-part series on the NAAG Fall Consumer Protection Conference, we cover key takeaways from the Attorneys General panel and a discussion on price transparency featuring Kelley Drye’s Beth Chun. Hear insights from state AGs on enforcement priorities, compliance expectations, and the growing focus on transparent pricing laws nationwide. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
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1 month ago
9 minutes 6 seconds

Kelley Drye Ad Law Access Podcast
Privacy, Ultra-Processed Foods, E-Cigarettes, and More- NAAG Consumer Protection Conference Fall 2025 (Part 2)
In the second part of our coverage of the NAAG Fall Consumer Protection Conference, we recap discussions on deceptive practices—from privacy and ultra-processed foods to e-cigarettes—as well as federal student loans and debt collection trends. Panelists shared state enforcement updates, litigation developments, and practical insights for businesses and policymakers navigating these evolving areas. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, andAndrea deLorimier.
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1 month ago
10 minutes 25 seconds

Kelley Drye Ad Law Access Podcast
What We Learned from . . . Massachusetts- "Junk Fee" Regulation Update
Massachusetts’ new junk fee and auto-renewal regulations are now in effect, reshaping how businesses disclose pricing and subscription terms. In this episode, we recap insights from Yael Shavit, Chief of the Consumer Protection Division at the Massachusetts AG’s Office, who joined Kelley Drye to discuss key compliance takeaways, enforcement priorities, and what businesses should know about these first-of-their-kind rules. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Salim Rashid.
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1 month ago
7 minutes 21 seconds

Kelley Drye Ad Law Access Podcast
CARU Releases a Risk Matrix for Using Generative AI with Kids
As brands explore AI-driven marketing, the Children’s Advertising Review Unit (CARU) has released a new framework outlining the key risks companies face when using AI to engage children—from misleading content and data privacy to mental health and transparency concerns. In this episode, we cover CARU’s eight risk categories and practical steps companies can take to align with responsible advertising standards and reduce enforcement exposure. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
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1 month ago
4 minutes 45 seconds

Kelley Drye Ad Law Access Podcast
Uncertainty in the Charitable Sector- Insights from the NAAG NASCO Conference and Other AG Matters
Charitable organizations continue to face growing oversight and evolving legal risks. At this year’s NAAG NASCO Charities Conference, regulators and nonprofit leaders discussed how funding shifts, political pressures, and new enforcement priorities are reshaping the sector. In this episode, we break down key takeaways—including compliance strategies and recent developments affecting nonprofits nationwide. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
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1 month ago
5 minutes

Kelley Drye Ad Law Access Podcast
A bipartisan coalition of state attorneys general recently secured a $7 million multistate settlement with Greystar — the nation’s largest landlord — in ongoing antitrust actions tied to the use of RealPage’s algorithmic pricing software, requiring Greystar to curb use of tools that leverage nonpublic data to recommend rents and cooperate with continued litigation against other landlords while the states press forward in parallel actions. For legal, compliance, and marketing teams, this highlights heightened state antitrust scrutiny of algorithmic pricing and data-driven competitive practices across industries, reinforcing that enforcement can continue even after related federal or class action resolutions. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.