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Kyle Dull

Legislatures, regulators, and enforcement agencies across the United States and in Germany have turned up the heat on subscription plans within the past year by updating their automatic renewal law (ARL). California and Germany have new ARL requirements starting July 1, 2022. Generally, an automatic renewal or negative option is a paid subscription plan that

Last week, the Federal Trade Commission (“FTC”) held an open meeting focused on issues related to children’s privacy and those pertaining to the use of endorsements and testimonials in advertising. In the meeting, the FTC adopted a new policy statement targeting data collection practices in educational technology. Further, the FTC proposed amendments to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”) which would target child-directed marketing. Of note, one of the amendments would recognize that children may react to advertising practices differently than adults and thus advertising practices directed towards children may be treated differently by the FTC compared to those practices directed towards adults.
Continue Reading FTC Targets Children’s Privacy and Stealth Advertising Directed at Children

The Federal Trade Commission (“FTC”) announced its next open meeting will focus on issues related to children’s privacy and those pertaining to the use of endorsements and testimonials in advertising.
Continue Reading FTC to Discuss Children’s Privacy, Endorsement Guides at Next (Virtual) Open Commission Meeting: May 19, 2022, 1PM ET

Dark patterns are top of mind for regulators on both sides of the Atlantic. In the United States, federal and state regulators are targeting dark patterns as part of both their privacy and traditional consumer protection remits. Meanwhile, the European Data Protection Board (EDPB) is conducting a consultation on proposed Guidelines (Guidelines) for assessing and avoiding dark pattern practices that violate the EU General Data Protection Directive (GDPR) in the context of social media platforms. In practice, the Guidelines are likely to have broader application to other types of digital platforms as well.
Continue Reading “Dark Patterns” Are Focus of Regulatory Scrutiny in the United States and Europe

Clients regularly turn to Kyle Dull for his knowledge and know-how in defending and resolving federal and state regulatory and enforcement actions. Informed by his prior position as an assistant attorney general in the Florida Attorney General’s Consumer Protection Division, Kyle has extensive experience in investigating and litigating privacy and advertising law violations. During his

On March 10, 2022, California Attorney General Rob Bonta (Attorney General) published the first official opinion interpreting the California Consumer Privacy Act (CCPA) and concluded that the CCPA’s right to know includes a business’ internally generated inferences about a consumer from either internal or external information sources.

Importantly, the opinion clarifies that inferences made from

The Federal Trade Commission (“FTC”) announced this afternoon an enforcement action against the former and current owners of online platform CafePress for failing to implement adequate cybersecurity and also for a cover up of a data breach in 2019.  This development underscores that data privacy remains a FTC priority and all companies are obligated to

Moments ago the Florida Senate adjourned for the day.  Although they will return on Monday for certain budget-related items, this development means another session has passed in which a comprehensive data privacy law was considered and yet failed to make it though the Florida legislature.

As CPW previously covered, Florida HB 9 had some

Shortly after Senator Bradley introduced Florida SB 1864, Representative Fiona McFarland (R-Dist. 72) introduced its House counterpart, Florida House Bill 9, on January 12, 2022.  While SB 1864 stalled in the Senate, Florida HB 9 passed the House on March 2 and was sent to the Senate on that date, where it has not advanced

As we covered at the end of last month, the California Attorney General is targeting loyalty programs in a recent enforcement sweep alleging noncompliance with the California Consumer Privacy Act (CCPA). CPW’s Kyle Dull, a Senior Associate in Squire Patton Boggs Data Privacy, Cybersecurity & Digital Assets Practice, was recently interviewed by Law360 concerning businesses’ data practices in the operation of their loyalty programs. You can check out the Law360 article and his comments here. From the article:
Continue Reading Loyalty Program CCPA Compliance: Kyle Dull Talks to Law360