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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Showing 42 posts in Privacy.

Andrew Lustigman Quoted in The Legal Examiner on the Class Action Lawsuit Filed Against TikTok

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in The Legal Examiner on the recent class action lawsuit filed against TikTok by a group of parents who are suing the social media app under allegations that it illegally collects and shares identification information to send to China. Read More ›

New York SHIELD Act

While much attention has been focused on the new sweeping California privacy law, the California Consumer Privacy Act (CCPA), other laws governing the handling and protection of personal data by businesses have been passed without nearly as much fanfare. One such law is the New York Stop Hacks and Improve Electronic Security Data Act, also known as the SHIELD Act. Although not nearly as broad as the CCPA, the SHIELD Act may affect any person or business that collects, uses, and/or stores “private information” from a New York resident. Under the SHIELD Act, any such person or business must implement adequate security measures, set forth in the Act, to protect “private information” of New York residents. The Act also outlines the steps that must be taken by a business to notify affected individuals of any security breach in which “private information” was or is reasonably believed to have been compromised. Read More ›

Lustigman, Grieco, Shaffer, and Spina Contribute Four Guidance Notes on Direct Marketing in OneTrust DataGuidance

Advertising, Marketing & Promotions practice chair Andrew Lustigman, Intellectual Property/Privacy partner Mary Grieco, AMP partner Scott Shaffer, and associate Morgan Spina authored four Guidance Notes on direct marketing in California recently published in the prestigious OneTrust DataGuidance (subscription required). The first, entitled “California – Emarketing,” covers both the state and federal legislation, as well as regulatory guidance from the Federal Trade Commission, concerning emarketing. In the second, “California – Telemarketing,” the authors examine the numerous pieces of state and federal legislation governing telemarketing, including the “Automatic Dialing Law” and the “Unwanted Calls Law.” The third, entitled “California – SMS/MMS Marketing,” discusses various state and federal laws on SMS/MMS, including the Telephone Consumer Protection Act, and the consent requirements that advertisers must follow when using these services. In the fourth, “California – Postal Marketing,” the authors explore various state and federal laws on postal marketing, such as California’s “Mail Solicitation Law” and the federal “Deceptive Mail Act.”

Andrew Lustigman, Mary Grieco and Morgan Spina Contribute Chapter in OneTrust DataGuidance

Advertising, Marketing & Promotions partner Andrew Lustigman, Intellectual Property partner Mary Grieco and associate Morgan Spina authored a chapter entitled, “USA – Cookies & Similar Technologies” in a recent publication included in the prestigious OneTrust DataGuidance (subscription required).  The chapter covers the current laws and information regarding the use of cookies and third parties on the Internet. 

Vermont Updates Privacy Law, Including Revisions to Automatic Renewal Online Cancellation Provisions

Vermont, which already has one of the most unique automatic renewal laws on the books, has further increased the compliance obligations for sellers utilizing continuity arrangements. On March 5, 2020, Governor Phil Scott signed Vermont Senate Bill 110 into effect. This new law primarily tackles issues surrounding privacy, but also updates Vermont’s automatic renewal provisions to bring cancellation of consumer contracts in line with California’s online requirements. The law goes into effect on July 1, 2020. Read More ›

The California Consumer Privacy Act (CCPA) Revised Draft Regulations Provide Additional Guidance and Raise Questions for Businesses

As many businesses may be aware by now, California recently enacted sweeping new laws governing the collection, use and management of personal information. The California Consumer Privacy Act (CCPA) that went into effect on January 1, 2020 has many businesses struggling to understand the application of the law and exactly what a business needs to do to comply. In an effort to clarify some aspects of the law, California issued draft regulations in October 2019 that provided some guidance to businesses, and those draft regulations continue to be revised as late as March 11, 2020. While still not finalized, the revised CCPA draft regulations offer some clarification, and open up more questions, on certain issues. Read More ›

California Attorney General Issues Draft Regulations in Regard to the California Consumer Privacy Act (CCPA)

California’s onerous privacy regulations will soon be in effect. Unless exempted, businesses that collect personal data from residents of California need to make sure they are in compliance with the California Consumer Privacy Act, California Civil Code §§1798.100-1798.199 (“CCPA”) by January 1, 2020. If you have not yet done so, we urge you to take appropriate steps now to avoid potential liability for failure to comply with this new law. Read More ›

Andrew Lustigman Quoted in Law360 on the FTC’s Stringent Review of COPPA

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Law360 (subscription required) article titled "Kids' Data Again In spotlight as FTC Revisits Privacy Rule" Read More ›

Law360 Quotes Mary Grieco on Staying Compliant with New Online Advertising Privacy Laws

Intellectual Property partner Mary Grieco was quoted in a recent Law360 article (subscription required) on the prevalence of recent federal and state laws, like California’s Consumer Privacy Act and a U.S. Senate proposal to create a national “Do Not Track” registry, designed to increase the public’s control over the use and sale of its personal information. Read More ›

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