United States: Advertising, Marketing & Branding

Cox Media Group and its agencies advertised an AI-powered service that could listen to consumers' conversations through smart devices to target ads.

Companies deploying tracking technologies and algorithmic pricing face a new wave of class action litigation that merges wiretapping claims with deceptive pricing allegations. These lawsuits leverage the ECPA's crime-tort exception and state consumer protection statutes to challenge privacy policies that fail to disclose how consumer data feeds into dynamic pricing engines. The convergence of these two litigation trends creates compounded exposure across industries using data-driven pricing strategies.

On May 29, 2026, Vermont’s legislature passed S71, the Vermont Data Privacy and Online Surveillance Act (the Act). The Act is now pending Vermont Governor Phil Scott’s signature.

Explore the constitutional tensions between First Amendment protections and emerging consumer privacy regulations, including online teen safety laws. Legal experts from Squire Patton Boggs and industry advocates discuss how state legislation may overreach and face litigation challenges.

A recent federal court decision offers important lessons for businesses that use cookies, pixels, and other tracking technologies on consumer-facing websites.

Kelley Drye's advertising law team provides comprehensive updates on recent webinars covering surveillance pricing, email marketing litigation, and state attorney general enforcement priorities. The newsletter highlights upcoming events featuring Maine's Attorney General and explores the intersection of consumer data...

On May 11, 2026, the U.S. Court of Appeals for the Third Circuit issued its opinion in In re BPS Direct, LLC; Cabela's, LLC Wiretapping Litigation, No. 23-3235, addressing Article III standing in a putative class action...

What happens when AI marketing moves faster than the technology itself? In this episode, we unpack Apple’s proposed $250 million settlement over claims that it overstated the availability...

Readers of this blog are well aware of the rise in consumer privacy litigation involving California Invasion of Privacy Act (“CIPA”) wiretap claims. Because CIPA is a broadly worded statute...