- Representing an indirect finance company in investigation by the FTC and Tennessee attorney general related to practices of third-party sellers and compliance with the Fair Credit Reporting Act and the Truth in Lending Act.
- Representing a property management company and law firm in FTC investigations related to use of consumer reviews.
- Defended an education services company in FTC litigation related to the company’s marketing on behalf of a client university. The case was dismissed with prejudice.
- Represented a health care service company in an FTC investigation related to medical billings and collections nationwide. The investigation was closed without findings.
- Represented a major ticket reseller in inquiries by North Carolina, Maryland, and Nevada attorneys general.
- Represented a publicly traded automotive group in an FTC investigation related to advertising and sale of add-on products.
- Defended a large online consumer software company in an FTC and state attorney general investigation in the allegedly unfair and deceptive sale and use of private customer data in advertising.
- Represented several agricultural equipment dealers in FTC investigations into right-to-repair claims. The investigations were closed without findings.
- Defended a chargeback mitigation company in FTC litigation related to credit card dispute practices with a successful settlement for our client.
- Represented a worldwide flooring manufacturer in an FTC investigation of “Made in the USA” 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 an auto finance company in an investigation by the FTC into auto dealership lending and sales practices.
- Representing a debt collection company in investigation of its consumer debt collection practices by the California Department of Financial Protection and Innovation.
- Represented an auto finance company in investigation before the U.S. Department of Justice regarding its compliance with the Servicemember Civil Relief Act.
- 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.
Senior Counsel,
- Phone: +1 202 239 3034
- Email: kathleen.benway@alston.com
A former chief of staff at the FTC’s Bureau of Consumer Protection, Kathleen helps clients develop practical strategies for compliance with applicable state, federal, and global consumer protection and privacy laws.
Kathleen Benway concentrates her practice on government investigations and litigation and corporate compliance related to consumer protection issues, including privacy, security, advertising, fintech, and consumer financial services.
Kathleen’s experience makes her uniquely positioned to represent clients before the Federal Trade Commission (FTC) and other government agencies. She has over 12 years of senior-level experience with the FTC, including chief of staff to three directors of the Bureau of Consumer Protection (BCP), senior advisor to a former FTC commissioner, and counsel to two BCP directors, providing legal and policy advice across a range of investigations and litigation, rulemaking, and other consumer protection matters. Kathleen led FTC investigations and prosecuted privacy, data security, and unfair and deceptive business practice cases.
Kathleen served two details as counsel to the U.S. Senate Committee on Commerce, Science, and Transportation, staffing investigations and hearings and providing advice to senators, staff, and other stakeholders on proposed legislation and policy issues. She was assistant chief in the Federal Communications Commission’s Enforcement Bureau.
Kathleen has extensive experience in higher education. In addition to serving as a financial aid director at a college in Boston, she conducted Title IV compliance audits of post-secondary schools across the country for the U.S. Department of Education.
Kathleen is recognized by The Best Lawyers in America® for Privacy and Data Security Law.
Bar Admissions
- District of Columbia
- Washington
- U.S. Supreme Court
- Massachusetts (Inactive)
Education
- Boston College (J.D., 2000)
- Northeastern University (B.S., 1984)
Memberships
- Certified Information Privacy Professional (CIPP/US)
- American Bar Association, Section of Antitrust Law Leadership, Consumer Protection Committee, vice chair (2023–2025), Federal and State Privacy Legislation Task Force (2021–2023)
Court Admissions
- District of Columbia
- Western District of Michigan
Healthy Byte | How Will the Updates to the Health Breach Notification Rule Change the Way PHR Companies React to Incidents?
Kathleen Benway and Jennifer Everett analyze how the updated rule expands the definition of “personal health record” (PHR), introduces newly defined terms expanding the scope of the Rule and the types of companies that are subject to it, and provide a few takeaways to mitigate FTC scrutiny.- Consumer Protection/FTC
- Privacy & Cybersecurity Litigation
- Litigation
- White Collar, Government & Internal Investigations
- Privacy, Cyber & Data Strategy
- Technology & Telecommunications Litigation
- Financial Services Litigation
- Antitrust
- Attorneys General & State Enforcement
- Education
- Privacy & Cyber Regulatory Enforcement
- Consumer Financial Services
- Artificial Intelligence (AI)
- Digital Health Care
- Artificial Intelligence in Health Care