Consumer Protection/FTC

Even the most prepared companies can find themselves in the crosshairs of the Federal Trade Commission or state attorneys general. Even routine inquiries can cause great concern and potential future litigation. Our team is adept at carefully navigating those waters and crafting strategies that put you in the best possible position before the FTC or other regulators.

When facing a formal inquiry or civil investigative demand from the FTC or other consumer protection regulator, our Consumer Protection/FTC Team, led by a former chief of staff for the FTC’s Bureau of Consumer Protection, helps you identify what led to the inquiry, builds the right team to address it, and tailors the appropriate response. Should that investigation lead to litigation, our creative, nimble team of trial lawyers and investigations professionals help you reach the right result for your business.

We also regularly assist with consumer-facing disclosures, advertising concerns, AI, and privacy issues that are important for product launches and feature improvements. We excel at providing proactive advice on best practices to avoid FTC and state AG inquiry. Our insider knowledge of the agency and our comprehensive team of litigators and investigators make us the ones you want on your side when the FTC or state AGs come knocking.

Government Investigations & Enforcement

• Defending an education service provider in litigation with the FTC involving alleged misrepresentation about its client’s educational programs and allegations that it violated the Telemarketing Sales Rule.
• Representing a health care service company in an FTC investigation into whether its billing or collection practices violated the FTC Act or Fair Credit Reporting Act. 
• Defended a large online consumer software company in an FTC and state attorney general investigation into the allegedly unfair and deceptive sale and use of private customer data in advertising.
• Represented a chargeback mitigation company in litigation with the FTC involving its practices in chargeback disputes.
• Defended a major retailer in FTC and state AG investigations across the country into allegations that the company installed spyware on its leased computers and used it to take webcam photographs, log key strokes, and take screenshots of computing activities.
• Defended a health care payment service in a privacy and data security FTC enforcement action involving alleged deceptive acts in violation of Section 5(a) of the FTC Act.
• Represented a lease-purchase option provider in an FTC investigation and negotiated settlement in the Northern District of Georgia.
• Representing several agricultural equipment dealers in FTC investigations into right to repair claims involving a major equipment manufacturer.
• Represented a national automobile dealer in an FTC investigation into sales and pricing practices.
• Represented an automotive finance company and other nonbank auto finance sources in settlements with the Department of Justice over alleged Servicemembers Civil Relief Act violations.
• Defending multiple major insurance companies in investigations by the New York State Department of Financial Services and state attorneys general involving an industry-wide fraudulent scheme to steal consumer data from web applications.
• Represented a payment processing company in response to multiple civil investigative demands from the FTC.
• Represented a worldwide flooring manufacturer in an FTC investigation of U.S. origins claims. The investigation was closed without findings.
• Represented one of the world’s largest data brokers in an FTC investigation of its obligations under the EU-U.S. Privacy Shield. The investigation was closed without findings.
• Represented auto finance companies in an FTC investigation into auto dealership lending practices.

Compliance & Risk Management

• Counseling companies on compliance with new FTC rules and requirements, as well as state consumer protection regulations, related to cybersecurity, data privacy, artificial intelligence, right to repair, online reviews, endorsement guidelines, pricing disclosures, and online marketing practices.
• Counseling financial institutions on the Dodd–Frank Act and Titles X and XIV.
• Counseling financial publishing companies on advertising, marketing, and promotional efforts, including claims substantiation and internet marketing practices.

Advocacy

• Drafted public comments on behalf of a telecommunications member association to the FTC regarding the Children’s Online Privacy Protection Act, the Gramm–Leach–Bliley Safeguards Rule, and other privacy and data security issues and the California attorney general regarding the California Consumer Privacy Act advocating for members’ interests and concerns.