On the brink of the new year, the Massachusetts Attorney General’s Office (MA AGO) secured a landmark $165 million judgment, including civil penalties and restitution, against three UnitedHealth insurance companies: HealthMarkets, Inc. and its subsidiaries; The Chesapeake Life Insurance Company; and HealthMarkets Insurance Agency Inc. (formerly known as Insphere Insurance Solutions, Inc.) (collectively Defendants). The Suffolk Superior Court found Defendants liable for violating a prior consent judgment and engaging in false and deceptive practices. The judgment is thought have largest civil p ..read more

TikTok offers an affiliate program through which influencers and other content creators can earn commissions by promoting products from various brands through affiliate links in their videos. Marketing experts often caution brands against trying to exercise too much control over this type of content. If a video looks too scripted, it may not reflect the creator’s voice or resonate with the creator’s audience. Although that may be true, legal experts will likely caution brands that too little control can lead to legal issues. A recent NAD decision illustrates that point. As part of its routine ..read more

The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that according to the FTC’s release “would strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing (MLM) programs and money-making opportunities.” Notably, the proposed Earnings Claims Rule is limited to MLM programs (with different definitions proposed for consideration) and would not cover the gig economy, no ..read more

Data brokers who are registering with the California Privacy Protection Agency (CPPA) this month should prepare to provide full metrics about their responses to privacy rights in calendar year 2023. Specifically, the CPPA’s 2025 registration form requires data brokers to provide their mean and median response times to requests in 2023 under the CCPA to access, delete, or correct personal information, opt-out of the sale or sharing of personal information to third parties, or to access, or limit the use or disclosure of sensitive personal information, as set forth in California Civil Code § 179 ..read more

Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ “top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a “little shimmy, shimmy shake” (like he’s chasing an ice cream truck), holds up an iPhone 16 Pro “like a baby lion,” and then takes T-Mobile’s savings and “calls it a day.” Snoop tells the audience that families who use T-Mobile can save 20% a month “versus the other big guys.” Charter filed an NAD challenge, arguing that it was a “big guy” and that T-Mobile’s savings claims weren’t ..read more

The California Privacy Protection Agency’s (CPPA) new data broker regulations took effect on December 27, 2024. They are now in effect during the CPPA’s annual data broker registration period, which lasts from January 1 to January 31, 2025. Any business that operated as a data broker in 2024 is required to register during this period. California law defines a data broker as a “business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship.” As we previously reported, the new regulations expand the de ..read more

2024’s National Association of Attorneys General (NAAG) Capital Forum took place December 9-11. The Kelley Drye State AG Practice team was there as the AGs closed out a year of insights, including Oregon Attorney General Ellen Rosenblum’s Presidential Initiative concerning children’s welfare. During the sessions, we heard from two federal agency heads regarding their goals and how they can collaborate with AGs to accomplish them. We also heard from AGs and other notable panelists on topics ranging from charity to national security. Here are some of the highlights. CFPB Director First, the sess ..read more

I’ll start by admitting that I don’t know anything about the game of pickleball. Using the word “basketball” as an example and working backwards by breaking the word “pickleball” into its component parts, I can make an educated guess about what implements are used in the game. But maybe I’d be wrong. That’s why it may make sense to consult experts. One such group of experts are the people at USA Pickleball (or “USAP”), an organization whose mission it is to “promote the development and growth of pickleball in the United States and its territories.” USAP also certifies some of the paddles that ..read more

With the new year just around the corner and eight new privacy laws coming online next year, December is an excellent time for companies to assess their data collection and processing practices, and take stock of any changes needed to meet additional legal requirements. We break down what you need to know as we head into 2025. State law Effective date Delaware Jan. 1 Iowa Jan. 1 Maryland Oct. 1 Minnesota July 31 Nebraska Jan. 1 New Hampshire Jan. 1 New Jersey Jan. 15 Tennessee July 1 Opt-Out Preference Signals: The majority of currently ..read more

Just Play makes Daisy the Yoga Goat, a toy for kids. The company advertises that Daisy has “super-soft plush gray fur…and lots of personality” and a recent TV commercial shows Daisy as she independently “moves her head, swishes her tail, drinks from her play water bottle, and does downward dog and bird yoga poses.” Change a couple of words and that basically describes my dogs. Although the TV commercial shows Daisy moving independently and performing those actions without kids touching her, that’s not really how Daisy works. Instead, instructions on the company’s website clarify that “to begin ..read more