Kathleen Benway

• Representing an indirect finance company in an investigation by the FTC and Tennessee attorney general related to practices of third-party sellers and compliance with the FTC Act, the Fair Credit Reporting Act, the Truth in Lending Act, and Tennessee Consumer Protection laws.
• Representing a national retail chain in an FTC investigation related to pricing practices and compliance with the FTC Act and the Gramm Leach Bliley Act (GLBA).
• Representing a property management company and a law firm in FTC investigations related to the use of consumer reviews.
• Representing a contact lens seller in an FTC investigation related to its online sales practices and compliance with the FTC Act, the GLBA, and the Restore Online Shoppers Confidence Act (ROSCA).
• 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. The investigations were closed without findings.
• 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 related to the 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.
• Represented a debt collection company in an investigation of its consumer debt collection practices by the California Department of Financial Protection and Innovation.
• Represented an auto finance company in an 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.

Kathleen Benway co-leads the firm’s Consumer Protection/FTC team and concentrates her practice on government investigations, litigation, and corporate compliance related to consumer protection issues, including privacy, security, advertising, fintech, and consumer financial services.

Drawing on more than 12 years of senior-level experience at the Federal Trade Commission (FTC), Kathleen is well-positioned to represent clients before the FTC and other government agencies. She served as 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. In these roles, Kathleen provided legal and policy advice across a range of investigations and litigation, rulemaking, and other consumer protection matters. She led FTC investigations and prosecuted privacy, data security, and unfair and deceptive business practice cases.

Kathleen also 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.

Kathleen is recognized by The Best Lawyers in America^® for Privacy and Data Security Law.

律師資格

• 哥倫比亞特區
• Washington
• Massachusetts (Inactive)

學歷

• Boston College (法學博士, 2000)
• Northeastern University (B.S., 1984)

Court Admissions

• U.S. Supreme Court
• U.S. District Court, District of Columbia
• U.S. District Court, Michigan, Western District

Memberships