Interview with FTC Bureau of Consumer Protection Director
Partner John E. Villafranco interviews Director David Vladeck on the commercial speech doctrine, social media, and alternative remedies for data breaches, among other subjects.
Kelley Drye represents clients that face false advertising and unfair competition claims brought by the Federal Trade Commission (FTC) and state Attorneys General, as well as disputes between clients and their competitors. The firm also helps businesses and advertising agencies navigate through investigations launched by federal and state government agencies into perceived false or deceptive advertising, or illegal sales or marketing practices. No matter what the scope of federal or state actions you face, Kelley Drye has the experience to counsel and guide you through this challenging process swiftly so you can keep your focus on your customers and the success of your business.
The Kelley Drye team regularly represents clients in advertising substantiation proceedings and investigations and defends clients against actions initiated by individual and multi-state Attorneys General. In addition, a number of the firm’s Advertising attorneys have worked at the FTC’s Bureau of Consumer Protection at various levels, ranging from Bureau Director to Assistant Director to attorney advisor. We also have strong relationships with attorneys at every level at the FTC and in the offices of state Attorneys General, as well as with advertising/marketing attorneys across the United States. Over the past several years we have worked on numerous government investigations on behalf clients and have negotiated assurances of voluntary compliance with individual states and multi-state groups. We have represented companies before the FTC in connection with various information collection proceedings pursuant to Section 6(b) of the FTC Act. The firm has experience representing clients across a range of industries, including computer manufacturing, telecommunications, tobacco, financial institutions, marketing and retail.
Representative Experience
Litigation
- Represent a Fortune 100 telecommunications company in a
lawsuit brought by the Minnesota Attorney General in Minnesota State
Court asserting claims under Minnesota’s consumer fraud act and
deceptive trade practices act.
- Represent a national marketer of satellite television services in
litigation filed by the Department of Justice on behalf of the FTC and
the states of North Carolina, Illinois, Ohio and California seeking
civil penalties for violations of the FTC's Telemarketing Sales Rule by
allegedly calling telephone numbers listed on the Do Not Call Registry.
- Represented a Fortune 50 computer and technology company in litigation initiated by the Attorney General of the State of New York (Andrew Cuomo) alleging that the company violated Sections 349 and 350 of NY's General Business Law and Section 63(12) of NY's Executive Law in connection with the company's financing promotions, service contract and warranty offers, and rebate fulfillment. Negotiated a settlement providing for injunctive relief and restitution on terms that were previously agreed to with the remaining 49 state Attorneys General.
- Represented a sub-prime lender in litigation filed by the FTC, six
state Attorneys General, AARP and related consumer class actions.
- Represented a national marketer of nutritional supplements in an
investigation by the Department of Justice alleging violations of a
prior FTC order.
- Represented a national marketer of discount buying clubs in litigation brought led by the FTC and 47 state Attorneys General.
- Defended a cigarette manufacturer’s famous advertising campaign in administrative litigation that resulted in the FTC’s withdrawal of its complaint.
Settlements
- Settled allegations brought by the Office of the Attorney General
of New Jersey regarding unfair and deceptive practices related to
prepaid telephone companies. Settled a similar case with the State of
Florida.
- Represented Fortune 50 computer and technology company and
its financial services arm in obtaining settlement with attorneys
general of 49 states, resolving allegations related to clients’
financing promotions, service contract and warranty offers, and rebate
fulfillment. Case settled by payment of $4,075,000 for consumer
redress, costs, penalties and disgorgement (averaging less than $85,000
per state) and implementation of injunctive relief.
- On behalf of a large Internet company, settled allegations
regarding violations of state Uniform and Deceptive Trade Practices Act
(UDTAP) claims related to cancellation, reactivation, telephone billing
and disclosure of terms of service with 48 state Attorneys General,
with the Texas Attorney General’s office acting as the lead for the
multi-state group throughout the investigation and settlement. Also
settled similar allegations with the Attorneys General of Florida and
New York.
- 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 major online retailer in FTC investigation of Mail Order 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 numerous companies seeking FTC support or guidance on
consumer protection regulatory issues, legislation or enforcement
policy.
- Represented a provider of financial services in an FTC challenge to
its credit card marketing practices. The FTC also alleged that a
subsidiary debt collection company engaged in deceptive conduct in
marketing credit cards as part of its debt collection activities and
violated the FDCPA.
- Kelley Drye has also closed non-public cases without enforcement action or consent orders in investigations initiated by the FTC or state Attorneys General regarding online marketing, call center, telemarketing and consumer product companies. We are currently handling non-public Attorney General investigations for various clients in the following states: California, Connecticut, Florida, Minnesota, Nevada, New York and Tennessee.
