In today's competitive environment, attempts to influence customers are taking place not only through traditional media but across many new platforms, including external websites, social media outlets and mobile applications.
The practices and policies of consumer-facing companies, from invasive marketing to the protection of customer information, are under constant scrutiny, as are issues relating to deceptive or unfair advertising. The FTC is the governmental agency at the forefront of regulating marketing practices and investigating allegations of unfair or deceptive advertising. And the FTC can refer matters to the Department of Justice for criminal prosecution.
Regulations and investigations involving consumer protection do not stop at the federal level. Each state, through its Attorney General or Department of Consumer Affairs, enforces unfair trade practice laws through so-called “Little FTC Acts.” Such law enforcement actions can take place in concert with the FTC or other federal agencies.
Experience Before the Federal Trade Commission
No other law firm in the country has handled as many FTC and state attorney general investigations and enforcement actions as we have over the last few years. We have defended many clients in response to highly sensitive civil investigative demands and other inquiries, and have an excellent record of resolving such actions amicably, by either convincing the Commission that enforcement proceedings should not be initiated or negotiating favorable settlements on our client's behalf. In the few instances where we have not been able to negotiate a favorable settlement, our litigation team has been effective in mounting a strong defense. In fact, our lawyers have served as defense counsel on some of the highest-profile FTC cases in recent years.
State Attorney General Experience
Our team shares decades of experience representing clients in proceedings brought by individuals and multiple state attorneys general. Our professionals are successful in negotiating reasonable settlements and in persuading state attorneys general not to file formal actions against our clients.
Who we work with
Industries impacted by the FTC touch every industry sector, from e-commerce and technology, to financial services, to health care, to retail, to food, and to consumer products and services.
What we do
The consumer protection laws and regulations involving the FTC are broad. We protect and defend clients with respect to:
- Spam and commercial e-mailing
- Solicitation on electronic mail, through facsimile and by telephone
- Comparative advertising
- Substantiation of advertising claims
- Endorsement and testimonials in advertising
- Use of the terms “free” and “rebate”
- Guarantees and warranties
- “Made in the U.S.A.” label
- Multilevel marketing
- Contests, sweepstakes and games of chance
- Consumer credit (including credit reporting, credit billing and truth-in-lending)
- Debt collection
- Franchise and business opportunities
- Mail orders
- Group-specific target marketing (e.g., children, senior citizens, Hispanic citizens)
- Advertising and consumer regulations in specific industries (e.g., food, alcohol, medical products, funeral, jewelry, motor vehicles, retail food stores, drugs)
- Labeling (e.g., clothing, appliances, cosmetics, drugs, food, furs, hazardous substances, tires)
- Data security and identity theft