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Ad Law News And Views – August 2025 – Advertising, Marketing & Branding

This summer, our Ad Law team has been logging frequent flyer
miles, hitting the open road, and making memories from coast to
coast. Here’s a glimpse of some of the destinations they’ve
visited:

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Speaking of exploring across the country, we recently unveiled a
state privacy laws map as part of our State Privacy Laws Resource
Center. You can explore our state privacy laws map here. This informational resource is intended
to help businesses track comprehensive state privacy laws and
includes cross-references to enacted legislation and laws.

CONGRATULATIONS

We’re proud to share that seven members of Kelley Drye’s
Advertising Law practice have been recognized in the 2026 edition
of The Best Lawyers in America©. This highly respected
referral guide is based on annual peer-review surveys, and the
attorneys selected for inclusion are recognized for their
outstanding reputations and excellence in legal work.

These acknowledgments are part of the firm’s broader
recognition, with 64 Kelley Drye attorneys across 18 practice areas
named to this year’s guide.

Check out the full rankings here.

IN CASE YOU MISSED IT

2025 State AG Webinar Series: Hawaii

In the latest webinar in our 2025 State AG Webinar series on
consumer protection priorities, our State AG team welcomed guest
speakers Christopher J.I. Leong, Supervising Deputy
Attorney General, Commerce and Economic
Development Division, State of Hawaii Department of the Attorney
General, and Mana Moriarty, Executive Director, Office of
Consumer Protection to speak about how both agencies approach
consumer protection issues from a different–and yet very
similar–lens.

To view the Zoom recording, click here.

Adtech Privacy Pain Points: Top Takeaways for Effective
Opt-Out Compliance

As privacy enforcement ramps up, effectively managing opt-out
requirements under state privacy laws is a top risk mitigation
measure. Without a robust backend framework, businesses may find
themselves out of compliance and exposed to legal claims that they
have not discontinued the sale, sharing, or use of personal data
for targeted advertising. Kelley Drye Partner and Privacy Chair Alysa Hutnik and Special Counsel Céline Guillou and Alex Schneider hosted this webinar, unpacking
the top compliance pain points and sharing actionable steps to
close opt-out gaps.

To view the Zoom recording, click here.

IN THE NEWS AND LATEST UPDATES

Get these and other stories in real time when you subscribe to
the Ad Law Access blog.

Alaska and Missouri AGs Announce
Resignations

Last week, Missouri Attorney General Andrew Bailey announced his resignation from the position
effective September 8. He issued a press release reporting that he
is leaving to serve as the Co-Deputy Director of the FBI, in
alignment with his background as a prosecutor. The Missouri
Governor has already appointed a successor: Catherine Hanaway, a
former speaker of the Missouri House of Representatives who made
history as the first female to serve in that role, and former U.S.
Attorney for Eastern Missouri. She will be able to serve as AG
until the end of 2028, although she has already indicated that she
intends to run for re-election.

Texas Mini-TCPA Law – FAQs for Marketing
Texts

With the effective date of S.B. 140 fast approaching, many text marketers
may be wondering what these changes mean and how to implement them.
Here, we address some of the most common questions and outline key
takeaways for businesses. Click on any question to jump directly to
the answer.

37 State Attorneys General Urge Meta to Safeguard
Instagram’s Location Sharing Feature

Recently, a bipartisan group of 37 state attorneys general led
by Georgia Attorney General Chris Carr and New Mexico Attorney
General Raúl Torrez sent a letter to the head of Instagram regarding
Instagram’s recently-implemented location sharing feature. The
letter states that the AGs have “serious concern” over
the feature, which allows users’ “precise locations to be
displayed on a map.” The AGs contend that the feature
“raises significant public safety and data concerns,”
particularly for vulnerable users like children and survivors of
domestic violence.

Highlights from the 2025 NAAG Presidential
Summit

In early August, the National Association of Attorneys General,
led by its 2025 President, New Hampshire Attorney General John
Formella, hosted the Presidential Initiative Summit in Portsmouth,
New Hampshire. General Formella’s year-long initiative seeks to
build on the progress AGs have made in addressing the opioid
crisis, with a renewed focus on the growing threats posed by
fentanyl, methamphetamines, and other illicit drugs.

NY AG Zeroes in on Zelle with Lawsuit

New York Attorney General Letitia James announced a lawsuit against Early Warning
Services LLC (EWS), the parent company of digital payment network
Zelle. AG James asserts that Zelle was designed “without
critical safety features,” allegedly allowing over $1 billion
in scam payments to be transferred over the Zelle network.

AG CHRONICLES

Be sure to check out AG Chronicles: a monthly newsletter breaking
down State Attorneys General consumer protection issues and
highlighting news from the states. You may subscribe here.

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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