Dana Rosenfeld is a partner in the firm’s Washington, D.C. office and chair of the Privacy and Information Security practice. A former assistant director of the Federal Trade Commission (FTC) Bureau of Consumer Protection and attorney advisor to FTC Chairman Robert Pitofsky, Ms. Rosenfeld’s practice focuses on all facets of privacy and data security, advertising and consumer financial protection issues at the federal and state level. Her work includes recent matters for financial services institutions and their service providers, major retailers, direct marketers, consumer product manufacturers and technology and telecommunications companies. Many of her matters focus in particular on emerging technologies, including mobile and “Big Data”-related services. She frequently represents clients before the FTC, the Consumer Financial Protection Bureau (CFPB) and state Attorneys General. These matters include law enforcement investigations and advocacy in connection with FTC and CFPB rulemaking proceedings, as well as industry initiatives seeking agency engagement on consumer protection regulatory issues, legislation or enforcement policy.
Privacy and Data Security Counseling and Investigations
Ranked as a leading practitioner in the Privacy & Data Security area by Chambers USA and Chambers Global, Ms. Rosenfeld is praised for the skillful advice she provides on the formation of data collection and use and security policies, and is noted for bringing “her intimate knowledge of the FTC to bear in advising clients on large-scale investigations.” In addition, she is currently Vice Chair of the ABA’s Privacy and Information Security Committee (Section of Antitrust Law).
Ms. Rosenfeld counsels companies regarding compliance with state and federal privacy and information security laws, best practices and self-regulatory programs. Such counseling includes advice on digital marketing programs and interest based advertising, privacy and data security policies and safeguard programs, special considerations in the collection and use of information from children and students, data breach management and mobile payment issues. She also regularly defends clients in law enforcement investigations involving privacy and data security laws and regulations.
Advertising Counseling and Investigations
Ms. Rosenfeld frequently represents clients in advertising substantiation proceedings and investigations conducted by the FTC and state Attorneys General, particularly with regard to environmental marketing, health and safety claims, weight management and price advertising. She assists clients in developing and clearing advertising claims and evaluating competitors’ conduct for potential advertising challenges, and provides advice on implementation of various advertising techniques, such as native advertising, endorsements and testimonials and mobile marketing. Her clients include global food and consumer product manufacturers, dietary supplement and weight loss companies, footwear, apparel and jewelry store chains and national drug store retailers and department stores.
Consumer Financial Protection Counseling and Investigations
Ms. Rosenfeld represents major consumer financial services companies and service providers in connection with FTC and CFPB investigations involving marketing and billing practices, debt collection and data security. She regularly counsels clients on Fair Credit Reporting Act compliance, debt collection practices and regulatory issues affecting various types of payment and stored value cards. Her clients include tax preparers, debt collection firms and other non-bank financial services providers.
Memberships & Associations
American Bar Association Committee on Privacy and Information Security, vice chair
American Bar Association Committee on Private Advertising Litigation, vice chair, 2009-2012
American Bar Association ANTITRUST magazine, associate editor, 2012-2014
Honors & Awards
Selected as one of The Best Lawyers in America© in the Advertising Law area, 2012-2016.
Ranked nationally as a leading practitioner in the Privacy & Data Security area by Chambers USA, 2010-2015.
Ranked as a leading practitioner in the Privacy & Data Security area by Chambers Global, 2011-2015.
Recommended in US Legal 500 for her work in the areas of Marketing & Advertising, 2010-2012 and 2014, and Data Protection & Privacy, 2010-2015.