Kelley Drye

Attorneys & Professionals 

Dana B. Rosenfeld

Partner Email vCard
Washington, D.C.
Phone: (202) 342-8588
Fax: (202) 342-8451

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, Ms. Rosenfeld's practice focuses on all facets of privacy and data security, advertising and consumer financial issues at the federal and state level.  She represents clients before the FTC and state Attorneys General - including recent matters for major retailers, food companies, dietary supplement manufacturers, and financial services institutions - and provides ongoing compliance advice related to existing consumer protection laws, best practices and self-regulatory programs.

Ms. Rosenfeld counsels companies in developing and implementing policies on data collection, use and security, consistent with the requirements of the Children’s Online Privacy Protection Act (COPPA), the Gramm-Leach-Bliley Act (GLBA), the Privacy and Safeguards Rules, the Red Flags identity-theft regulations, the FTC Act and corresponding state laws. United States Trustees have recognized her privacy expertise by appointing her Consumer Privacy Ombudsman in the Tower Records, Ritz Camera, and Steve & Barry’s bankruptcy proceedings, where she submitted reports and recommendations to the courts regarding the disposition of customer lists and other personally identifiable information. Ranked as a leading practitioner in the Privacy & Data Security area by Chambers USA and Chambers Global, Ms. Rosenfeld is praised for the expert advice she provides on the formation of data collection, use and security policies.

From August 1998 to October 2001, Ms. Rosenfeld was an assistant director of the FTC’s Bureau of Consumer Protection. Prior to this appointment, she was senior legal advisor to the Director of the Bureau of Consumer Protection, and an advisor to FTC Chairman Robert Pitofsky. As assistant director, Ms. Rosenfeld was responsible for coordinating consumer protection policy on advertising and electronic commerce issues.

With a major role in developing the FTC’s privacy initiatives, Ms. Rosenfeld helped promulgate the agency’s Rules implementing COPPA and GLBA. She also advised the Commission in connection with reports such as the May 2000 Report to Congress, Privacy Online: Fair Information Practices in the Electronic Marketplace. Ms. Rosenfeld assisted in the development the FTC’s privacy agenda under Chairman Timothy Muris, and chaired the Bureau of Consumer Protection’s Internet Legal Issues Task Force effort to apply consumer protection rules and guides to electronic commerce, which focused primarily on the format and presentation of disclosures in Internet advertising.

Representative Experience

Consumer Protection and Privacy Investigations
Represented the Council of Better Business Bureaus and the Children’s Advertising Review Unit of the National Advertising Review Council in developing the Children’s Food and Beverage Advertising Initiative, a self-regulatory program designed to encourage the advertising of healthy foods and active lifestyles to children. This project also included the revision of the industry’s Self-Regulatory Guidelines for Children’s Advertising.

Represented leading children’s specialty retailer in an FTC investigation of the company's in-store and online privacy practices. Successful in convincing the FTC to close the investigation without pursuing law enforcement or remedial action.

Represented national toy chain in FTC investigation of the company’s gift card practices.

Represented leading academic research company in separate privacy investigations by the FTC and 42 state Attorneys General, and negotiated FTC consent order and state Assurance of Voluntary Compliance.

Represented several companies responding to breaches of data security, including the disclosure of such breaches to consumers and state and federal authorities, as appropriate.

Represented major online retailer in FTC investigation of Mail Order Rule violations, resulting in closing of investigation.

Represented national financial services company in FTC investigation of Gramm-Leach-Bliley Safeguards Rule violations, resulting in closing of investigation.

Represented major telecommunications company in FTC investigation of Fair Credit Reporting Act and Equal Credit Opportunity Act violations, resulting in negotiation of favorable settlement.

Represented online retailer in investigation of security breaches involving customer information by New York Attorney General’s Office, resulting in negotiation of Assurance of Discontinuance.

Represented leading online retailer in FTC privacy investigation, resulting in closing of investigation.

Advocacy and Counseling
Regularly counsel companies in developing and implementing privacy policies and data collection and use practices, consistent with the requirements of the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act Privacy and Safeguards Rules, California privacy laws, and FTC and state law enforcement precedent.

Counsel industry associations and individual companies in formulating self-regulatory and corporate social responsibility programs.

Counseled several major consumer products companies in the area of “green” marketing by reviewing advertising claims, developing scientific substantiation, and evaluating potential competitor and law enforcement challenges.

Counseled major entertainment company on roll out of new video on demand service, including review of advertising and marketing materials, customer service policies, and payment systems.

Represented numerous companies seeking FTC support or guidance on consumer protection regulatory issues, legislation or enforcement policy.

Regularly counsel major retailers, including booksellers, jewelers, toy stores, hotel chains and department stores on compliance issues related to state and federal consumer protection laws and regulations.

Assisted clients in various legislative efforts, including preparation of briefing materials, testimony, draft legislation and related materials.

Counseled major real estate management company on all aspects of privacy and data security regulatory compliance, including Fair Credit Reporting Act and Equal Credit Opportunity Act.

Memberships & Associations

American Bar Association Section on Antitrust, Committee on Consumer Protection and Privacy and Information Security Committee

American Bar Association Committee on Private Advertising Litigation, vice chair, 2009-2012

American Bar Association ANTITRUST magazine, associate editor

Honors & Awards

Selected as one of The Best Lawyers in America in the Advertising Law area, 2012-2015.

Ranked nationally as a leading practitioner in the Privacy & Data Security area by Chambers USA, 2010-2014.

Ranked as a leading practitioner in the Privacy & Data Security area by Chambers Global, 2011-2014.

Recommended in US Legal 500 for her work in the areas of Marketing & Advertising, 2010-2012 and 2014, and Data Protection & Privacy, 2010-2014.

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Publications
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September 26, 2014

Insights From the FTC’s “Big Data” Workshop

Kelley Drye Client Advisory

Events
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April 30, 2014

Privacy on the Move

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