Author: Jim Potter

Articles by: Jim Potter

Regulatory/FDA

FTC Releases New Staff Paper on Harms to Kids & Teens from Online “Blurred” or Stealth Advertising

FTC Releases New Staff Paper on Harms to Kids & Teens from Online “Blurred” or Stealth Advertising

The Federal Trade Commission (FTC) issued a new staff paper in conjunction with their open Commission meeting that recommends that advertisers, social media influencers, and others who market or promote products online to children should avoid blurring advertising by clearly separating advertising and entertainment, educational, and other content to help limit potential negative effects to […]

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Data Privacy

California AG Investigates Large Employers for CCPA Employee Data Compliance

California AG Investigates Large Employers for CCPA Employee Data Compliance

California Attorney General Rob Bonta announced on July 14th an investigative sweep with written inquiry letters sent to large California employers requesting information regarding the companies’ compliance with the employee data provisions of the California Consumer Privacy Act (CCPA). AG Bonta’s letters specifically address businesses’ compliance with the CCPA’s legal protections governing the handling of […]

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Regulatory/FDA

FTC Issues Proposed Rule Identifying 7 Deceptive Marketing Review and Testimonial Practices

FTC Issues Proposed Rule Identifying 7 Deceptive Marketing Review and Testimonial Practices

The Federal Trade Commission (FTC) announced on June 30th a new notice of proposed rulemaking (NPRM) that attempts to stop marketers from using illicit or deceptive review and endorsement practices. This proposed rule aims to protect consumers seeking genuine feedback on products and services while promoting fairness for honest businesses. Any agencies or their clients […]

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Regulatory/FDA

California Court Issues Order to Delay Enforcement of CPRA Regulations until March 2024

California Court Issues Order to Delay Enforcement of CPRA Regulations until March 2024

The California Superior Court in Sacramento issued a court order on June 29 providing for a postponement of the enforcement of final California Privacy Rights Act (CPRA) regulations for 12 months until after the regulations were finalized (i.e. March 29, 2024). This order affects 12 of the 15 areas of the CPRA for which rulemaking […]

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Regulatory/FDA

FTC Releases First Update to Endorsement Ad Guidelines in a Decade

FTC Releases First Update to Endorsement Ad Guidelines in a Decade

The Federal Trade Commission (FTC) issued updates on June 29, 2023 to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”) and updated its practical business guidance “FTC’s Endorsement Guides: What People are Asking” (“Business Guidance”). Last updated in 2009, the final revisions to the Endorsement Guides feature several key additions addressing technological changes in […]

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Regulatory/FDA

6-22-23 CHC-4A’s Privacy Laws Webinar: What Agencies & Publishers Need to Know

6-22-23 CHC-4A’s Privacy Laws Webinar: What Agencies & Publishers Need to Know

📢 Don’t miss our webinar! 🌟 New & Updated Privacy Laws – ­What Agencies & Publishers Need to Know 🗓️ Tuesday, June 22, 2023 ⏰ 12:00 pm – 1:00 pm ET We will dive into the latest developments in consumer data privacy laws and their impact on advertising agencies and publishing businesses. Discussion Topics: ✅ […]

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Regulatory/FDA

FCC Proposes Codifying New TCPA Consent Rules in Notice of Proposed Rulemaking

FCC Proposes Codifying New TCPA Consent Rules in Notice of Proposed Rulemaking

The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking intending to strengthen consumers’ ability to revoke consent to receive both robocalls and robotexts, in addition to strengthening callers’/texters’ obligations to honor such requests in a timely manner. The Telephone Consumer Protection Act (TCPA) restricts callers from making robocalls and robotexts unless they have received […]

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Regulatory/FDA

Federal Government Agencies Issue Rule to Ban TikTok on Contractor Devices

Federal Government Agencies Issue Rule to Ban TikTok on Contractor Devices

The Federal Acquisition Regulation Council (“FAR Council”) published an interim rule on June 2 prohibiting federal contractors from using TikTok on government devices, The rule specifies that the ban on TikTok and other ByteDance-developed services “applies to devices regardless of whether the device is owned by the government, the contractor or the contractor’s employees,” including “employee-owned devices […]

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Regulatory/FDA

NLRB General Counsel Issues Memo Indicating Non-Competes Are Unlawful in Almost All Cases

NLRB General Counsel Issues Memo Indicating Non-Competes Are Unlawful in Almost All Cases

On May 30, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo sent a memo to all Regional Directors, Officers-in-Charge, and Resident Officers, deeming that the act of extending, maintaining, and enforcing of non-compete provisions in employment contracts and severance agreements seemingly violates the National Labor Relations Act (NLRA) except in limited circumstances. NLRB General Counsel Abruzzo’s […]

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Regulatory/FDA

FTC Proposes Changes to Health Breach Notification Rule to Strengthen Health App Applicability

FTC Proposes Changes to Health Breach Notification Rule to Strengthen Health App Applicability

On May 18, 2023, the Federal Trade Commission (FTC) announced its intention to issue proposed amendments to the federal Health Breach Notification Rule (HBNR), with the goal of trying to improve patient privacy protections for Americans utilizing digital health apps. Published on May 22, 2023 in the Federal Register, the public has a 60-day window to comment on the […]

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