The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that prohibits discrimination based on disability, requiring businesses to make reasonable accommodations for people with disabilities, including website accessibility under Title III which applies to 'public accommodations.' While there isn't one specific federal law, websites are often considered 'places of public accommodation'. The DOJ has consistently taken the position that the ADA applies to websites. Businesses are generally expected to conform to WCAG standards and guidelines to improve access for people with disabilities (visual, auditory, physical and cognitive). A notice of proposed rule making (NPRM) regarding web accessibility will occur soon to formally define requirements for ADA Title III.

The California Consumer Privacy Act (CCPA) of 2018, amended by the California Privacy Rights Act (CPRA) of 2020, grants California consumers broad rights over their personal data, including the right to know, the right to delete, and the right to opt-out of the sale of their personal information, requiring businesses to provide notice, choice, and access to personal data. These laws apply to business collecting data from California residents, and impact marketing and advertising practices as well as website data practices and user tracking. Consumers can request their data be removed, corrected, and request an opt-out from the sale or sharing of personal information, and can sue for violations of CCPA requirements. The CPRA is enforced by the California Privacy Protection Agency (CPPA). While the CCPA/CPRA applies only to California, it is important as California is one of the largest economies in the world, and the standards set by California are expected to be followed by other states as well. A proposed update to the law is currently underway in 2024 to more clearly define the CPRA regulations regarding automated decision-making technologies. CPRA regulations continue to be clarified and updated by the CPPA regularly and businesses must check for compliance requirements and updates on the CPPA website: https://cppa.ca.gov/regulations/archive/ and https://cppa.ca.gov/regulations/web_accessibility/ . Recent changes include discussion to clarify digital marketing and advertising obligations, as well as AI use, in a proposed amendment (December 8, 2023). Updates to advertising regulations include a public comment period from January 26, 2024 - February 9, 2024, with the final rule to be adopted in late 2024 or early 2025, requiring updates in transparency, consent and data minimization practices in advertising and digital marketing (specifically behavioral advertising and cross-context behavioral advertising), with enforcement in early to mid 2025. The CPRA will regulate the use of automated decision-making technology used in marketing as well.

The Federal Trade Commission (FTC) Act empowers the FTC to prevent unfair methods of competition and unfair or deceptive acts or practices in commerce. The FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising requires that endorsements and testimonials be honest and not misleading, reflecting the genuine experience or opinion of the endorser, and that any material connections between the endorser and the advertiser be disclosed. In May 2023, the FTC updated its Endorsement Guides, reinforcing the importance of clear disclosure, truthfulness, and substantiation in endorsements, emphasizing that influencers and brands alike can be held liable for misleading claims. Specifically, the Guides focus on social media marketing influencers and the rules around transparency in social media marketing as well as the legal and ethical considerations of using fake reviews. As AI has improved, the FTC is also placing more scrutiny on fake or virtual influencers, and requires brands and influencers to disclose when an influencer is computer-generated. This is to ensure that when an advertising or marketing message is presented, that the consumer is aware and knows the source is either virtual or paid. All marketers and influencers should be aware of their responsibility to act honestly and in accordance with the Endorsement Guides. In early 2024, the FTC is expected to update rules around AI-generated content and disclosure requirements, which is expected to further impact digital advertising practices. A breach in compliance with the FTC Act can result in significant monetary penalties.