Consumer Protection/FTC

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

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 specialists help you reach the right result for your business.  

We also regularly assist clients with consumer-facing disclosures, advertising concerns, and privacy issues that are important for product launches and feature improvements. We also excel at providing  front-end advice on best practices to avoid FTC 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 comes knocking. 

Government Investigations & Enforcement

• Represented multiple financial institutions in FTC investigations, including the negotiated settlement of Federal Trade Commission v. Avant LLC in the Northern District of Illinois.
• Represented a lease-purchase option provider in an FTC investigation and negotiated settlement in the Northern District of Georgia.  
• Represented American Honda Finance Corporation and other bank and nonbank auto finance sources in both public and nonpublic settlements with the CFPB and DOJ over alleged fair lending violations.
• Assisted multiple clients preparing for, completing, and responding to findings resulting from examinations in the auto finance, consumer finance, and debt collection spaces by the CFPB, New York State Department of Financial Services, and others.
• Represented a payment processing company in response to multiple civil investigative demands (CIDs) 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.
• Representing an auto finance company in an FTC investigation into auto dealership lending practices.

Compliance & Risk Management

• 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.