FTC Consumer Protection Lawyers

Trusted partner for the world’s most prominent consumer-facing businesses

Consumer protection laws and regulations impact every dimension of business. The Federal Trade Commission (FTC) is at the forefront of these issues, taking an increasingly aggressive approach to enforcement. In this complex environment, we defend the world’s most prominent consumer-facing businesses in FTC investigations and enforcement and deliver proactive compliance strategies.

From implementing innovative compliance programs to defending clients in complex investigations, DLA Piper’s FTC consumer protection team draws on deep experience inside the FTC’s Bureau of Consumer Protection. And because FTC matters do not exist in a vacuum, we apply a holistic approach that is informed by FTC challenges as well as business and reputational concerns, state agency enforcement actions, private litigation, and political strategies.

“We apply a holistic approach that takes into account FTC challenges.”

Our team is experienced in the full range of FTC consumer protection issues including advertising and marketing practices, warranties, distribution, labeling, disclosures, Telephone Consumer Protection Act (TCPA) compliance, and consumer privacy. As the consumer landscape continues to evolve, we advise on novel and emerging trends such as social media, online influencers, endorsements, and environmental and sustainability marketing.

Experience

Successfully sued the Federal Trade Commission and Lina Khan on behalf of MGM Resorts International to challenge unconstitutional practices related to an FTC investigation. Obtained withdrawal of the FTC's civil investigative demand, dismissal of its enforcement action, and closure of its investigation.
Represented American Future Systems, Inc., a prominent privately owned publishing business, and its CEO as defendants in an advertising and marketing practices investigation by the FTC and the Pennsylvania Attorney General’s Office, and in litigation against both agencies in federal district court.
The court found all facts in our client’s favor and concluded the government failed to prove that AFS was responsible for deceiving even a single customer.
Successfully achieved a highly unusual withdrawal of an FTC civil investigative demand following administrative litigation before the Commission on behalf of a publicly traded consumer goods and technology company.
Defended a leading medical device company in a global consumer protection investigation involving the FTC, civil and criminal divisions of the DOJ, and other agencies, including cooperation with relevant authorities and an extensive internal investigation involving numerous jurisdictions globally.
Successfully resolved FTC law enforcement investigations on behalf of major consumer brands involving consumer product warranties, customer service claims, consumer financing advertising, billing practices, and online and traditional advertising disclosures.
Successfully resolved without enforcement an FTC investigation of a credit monitoring company related to alleged consumer protection violations and fraud.
Successfully defended a leading financial services company in overlapping investigations by the FTC and the attorneys general of Minnesota, Washington and Florida, as well as two related class actions and False Claims Act litigation, alleging consumer protection violations and fraud related to advertising, telemarketing and direct mail marketing practices. Resolved all investigations though favorable negotiated resolutions, and defeated all three litigations, including defeating class certification and obtaining sanctions against plaintiffs’ counsel.
Represented multinational energy company in a consumer protection investigation by the Pennsylvania Office of Attorney General. Successfully resolved the matter with no enforcement against our client and avoided entry of an Assurance of Voluntary Compliance (AVC).
Successfully defended an Asia-based consumer technology company in overlapping FTC and state automatic renewal matters.
Represented a US consumer products manufacturer in an FTC Bureau of Consumer Protection investigation related to alleged "Made in USA" claims. Resolved with no enforcement.
Represented an Asia-based global e-gaming company in an FTC investigation of potential violations of the Children's Online Privacy Protection Act (COPPA). Resolved with no enforcement.
Represented a globally known celebrity as well as their associated businesses in multiple investigations related to influencer marketing practices alleged to violate the FTC Endorsement Guides.
Represented numerous national and regional advertisers in truth in advertising investigations brought by the FTC’s Bureau of Consumer Protection and its Regional Offices.
Advised a major communications provider and several other leading US consumer brands on appropriate responses to FTC Penalty Offense Notices regarding influencers and endorsers.
Advised a global operator of theme parks on advertising and marketing clearance for FTC compliance.
Successfully resolved FTC law enforcement investigations on behalf of major consumer brands involving consumer product warranties, customer service claims, consumer financing advertising, billing practices, and online and traditional advertising disclosures.
Counseled several major technology companies, consumer brands, and marketing agencies on FTC compliance in light of recent agency law enforcement priorities, including “dark patterns,” “junk fees,” customer reviews, and influencer marketing.
On behalf of a consumer brand, successfully resolved an FTC staff inquiry regarding online reviews, with no agency action.
Advised a global services and technology company on the development and implementation of a new marketing and consumer communications compliance program to resolve complex TCPA, CAN-SPAM Act and state consumer protection law issues.
Represented a global consumer products company in FTC compliance matters related to the Magnuson-Moss Warranty Act.
Represented a Fortune 500 consumer products company in multiple advertising claim substantiation matters, including matters related to health and safety, as well as in endorsement issues arising from traditional and online media advertising.