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Ad Law News And Views – August 3 – Privacy Protection

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Avoiding Price Gouging Claims

Wednesday, August 3rd

Please join Kelley Drye State Attorneys General practice Co-Chair
Paul Singer and Senior Associate Beth Chun today for Avoiding Price Gouging
Claims. This webinar will cover:

  • The basics of price gouging laws and related state emergency
    declarations and how to comply

  • The differences and varied complexities in state laws

  • General best practice tips

  • How AGs prioritize enforcement



Enjoy the first edition of the Ad Law News and Views Playlist
from John Villafranco. John’s surf music
playlist is perfect for summer. Find it here and watch this space for the next


Get these and other stories in real time when you subscribe to
the Ad Law Access blog here or visit the Advertising and Privacy Law
Resource Center here.

Man Sues Bass Pro Over Lifetime Guarantee on

As heat waves spread across the country, many men are looking
for opportunities to go without socks. (To those men, I might
suggest a good pair of no-show socks but, like with other grooming tips, that’s beyond the scope of
this post.) The point is that, despite the heat, one Missouri man
wants more socks, even though they appear to be thick and rather
warm. In fact, he filed a $5 million class action against Bass Pro Shops
for failing to give him more of those socks under the company’s
lifetime guarantee.

NAD Advises Better Disclosures for #1

Twilio advertises that its customer data platform is the
“#1 CDP” and discloses that the claim is based on 2020
market share, as measured by the International Data Corporation.
Adobe challenged the claim, arguing, in part, that the 2020 IDC
Report doesn’t reflect the current landscape and, even if it
did, that Twilio’s disclosures were insufficient. NAD’s
analysis includes tips for anyone looking to make #1 claims.

Upcoming Price Gouging and Employee/HR Data
Privacy Webinars

As workforces become increasingly mobile and remote work is more
the norm, employers face the challenge of balancing the protection
of their employees’ personal data and privacy against the need
to collect and process personal data to recruit, support and
monitor their workforces. Mounting regulations attempt to curb
employers’ ability to gather and utilize employee
data—from its historical use in processing employee benefits
and leave requests to employers’ collection, use or retention
of employees’ biometric data to ensure the security of the
organization’s financial or other sensitive information
systems. Learn what employers can do now to protect employee data
and prepare for the growing wave of data privacy laws impacting the
collection and use of employee personal data.

CARU’s First Decision on
“Gender-Restrictive” Ads Also Addresses Jurisdictional

In a February 2021 blog post, CARU encouraged advertisers to
focus on diversity and inclusion in their ads. In August 2021, they
went a step further when they announced that the new version of the CARU
Guidelines would include a provision stating that ads “should
not portray or encourage negative social stereotyping, prejudice,
or discrimination.” Last week, CARU released the first
decision involving that new provision.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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