AAF Baltimore Legislative Commitee Update – April 14, 2020

Posted on 04/14/2020 12:00 am  /   Legislative Updates

Ad Giant Publicis Warns of Unprecedented Spending Pullback

The warning is severe for the ad and media businesses. But it also offers an early, stark look at the extent of retrenchments under way at companies from a much wider range of industries—from retailers to auto makers—as swaths of the global economy are sidelined by government measures
to restrict the spread of the coronavirus. Advertising is often one of the first expenses cut by companies looking to reserve cash in times of crisis. It is often seen as discretionary spending within many corporations. “Most of my clients are in cash management preservation right now,” said one ad executive. “Almost every one of them is saying, ‘I do not need to advertise that much at this time.’”

Zoom Security Issues Abound in the Video Chat App

Zoom meeting participation doubled from 10 million in December to 200 million in March exposing privacy risks. A built in attention tracking features that allow Zoombombing, tracking conversations and Zoom accounts were sold on hacker forums. There are safer alternates people!

Essential Businesses Cut off from CARES Act Aid

What Do Countries with The Best Coronavirus Responses Have In Common? Women Leaders

Looking for examples of true leadership in a crisis? From Iceland to Taiwan and from Germany to New Zealand, women are stepping up to show the world how to manage a messy patch for our human family. Add in Finland, Iceland and Denmark, and this pandemic is revealing that women have what it takes when the heat rises in our Houses of State. Many will say these are small countries, or islands, or other exceptions. But Germany is large and leading, and the UK is an island with very different outcomes. These leaders are gifting us an attractive alternative way of wielding power. What are they teaching us? See Forbes article here.

Second Circuit Decision Widens Circuit Split in TCPA Landscape

There is a circuit split over what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), which restricts certain automated calls and text messages. To say there has
been substantial debate by the courts and FCC concerning what constitutes an ATDS would be putting it lightly. The Second Circuit’s decision in Duran v. La Boom Disco, Inc. La Boom sent text messages through a program
called “EZ-Texting” and “Express Text.” The dispute was whether those messages were sent using an ATDS. The Second Circuit reversed finding that a “single click” that started a campaign of hundreds of messages was not
sufficient human intervention to remove the programs from the definition of an ATDS.

At the same time, SCOTUS will take up Barr v. American Association of Political Consultants Inc., regarding the issue of
whether the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute.

AAF B Legislative Committee:

Cynthia B. Sanders, Esq.
Baker Donelson Bearman Caldwell & Berkowitz
100 Light Street, 19th Floor | Baltimore, MD 21202
[email protected] | 410-862-1167

Clark Rector, EVP Gov Affairs
American Advertising Federation
1101 K Street NW, Suite 420 | Washington, DC 20005
[email protected] | 202-898-0089