DLA Piper

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

Representing numerous national and regional advertisers in truth in advertising investigations brought by the FTC’s Bureau of Consumer Protection and its Regional Offices
Advising a major communications provider and several other leading US consumer brands on appropriate responses to FTC Penalty Offense Notices regarding influencers and endorsers
Advising a global operator of theme parks on advertising and marketing clearance for FTC compliance
Successfully resolving 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
Advising a major US pharmaceutical company on its initial forays into direct-to-consumer advertising, focusing on compliance with FTC regulations, and advising several national advertisers on compliance with FTC Green Guidelines
Represented a leading global snacks and packaged goods company in overlapping consumer protection and antitrust matters, including an FTC investigation
Represent a publicly traded consumer products company before the FTC and in related federal litigation arising from multiple third-party complaints to the FTC concerning alleged unfair and deceptive marketing, including marketing to children
Represented a specialty foods company in an investigation related to alleged deceptive marketing practices
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
Represented a credit monitoring company in an FTC investigation and litigation related to allegations of consumer protection violations and fraud
Represented a leading financial services company in overlapping investigations by the FTC and the attorneys general of Minnesota, Washington and Florida, as well as related class action litigation, alleging consumer protection violations and fraud related to advertising, telemarketing and direct mail marketing practices
Represented an Asia-based global e-gaming company in an FTC investigation of potential violations of the Children’s Online Privacy Protection Act (COPPA)
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
Following successful resolution of an FTC telemarketing investigation, defeated class certification on behalf of a national consumer lending company in a putative class action in the US District Court for the Western District of Washington, in a case alleging violations of the Telephone Consumer Protection Act
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
Represented a globally known celebrity, and associated businesses, in consumer protection matters related to a social media marketing program