FTC Regulation

We leverage our cross-disciplinary teams to assemble the most effective representation for every client matter. From Fortune 100 companies to small and emerging businesses, we advise clients on complex and sophisticated issues and help clients engage with the FTC and other agencies on consumer-related matters – including privacy, data security, advertising, financial practices, and industry self-regulatory efforts.

Our team has extensive experience successfully representing high-profile companies and associations in a wide variety of matters at all levels of the FTC, with particular expertise in telecom, fintech, and other tech-related areas. Our attorneys regularly counsel clients on compliance with FTC and consumer protection law, including cutting-edge data privacy and security issues, advertising law, and financial practices.

What we do.

We provide the full spectrum of advisory and dispute resolution services on FTC-related matters, combining extensive FTC experience with technical knowledge and a business-oriented approach, including:

• Effectively representing clients in investigations and inquiries, advocating for our clients’ interests, and negotiating favorable resolutions.
• Managing FTC information requests in both consumer protection and competition matters while mitigating burden on clients.
• Anticipating and managing FTC and consumer-related compliance issues, particularly in innovative and entrepreneurial areas.
• Advocating for clients in critical FTC proceedings, such as those involving the CAN-SPAM Act, the Children’s Online Privacy Protection Act (COPPA), the Telemarketing Sales Rule (TSR, including Do Not Call), and others.
• Counseling clients on FTC regulation of advertising for a wide range of consumer products, including counseling regarding the FTC’s Green Guides.
• Counseling technology clients on compliance with multiple laws enforced by the FTC, including COPPA and other privacy laws, data security requirements, endorsement regulations, claim substantiation requirements, consumer financial laws, and more.

We closely follow the Commission’s day-to-day operations and leverage our interactions and insights across a range of industries, including:

• Telecom and broadband
• Internet of Things (IoT)
• Fintech, including payment, lending, and financial management platforms
• Consumer technology products
• Media
• Mobile apps
• AI and machine learning technologies
• Food and drug advertising and marketing

Why we are different.

We have occupied and advocated before high-level positions at the FTC, so we understand how to navigate across the agency. We understand what it takes to resolve matters favorably and when to proactively engage. In particular, we counsel associations on advocacy at the FTC and other levels of government, particularly in the areas of privacy, data security, fintech and the Internet of Things (IoT), and we also advise on successful industry self-regulatory efforts.

We serve clients as both advocates and strategic advisors, often playing both roles simultaneously:

• As advocates, we represent clients who engage with the FTC and advance their positions in key proceedings.
• As advisors, we work with clients to anticipate the FTC’s position on new issues, and develop procedures and strategies aligned with their business priorities.