S. SPENCER ELG
Senior Associate
(202) 342-8466 (202) 342-8466
S. SPENCER ELG Senior Associate
Spencer Elg helps clients navigate consumer protection and advertising laws.  A former litigation attorney for the Federal Trade Commission (FTC), Spencer counsels clients on a broad range of regulatory issues, including advertising and marketing, consumer finance, privacy and data security, and TCPA compliance.  Spencer helps a variety of clients—including SaaS providers, retailers, consumer contact organizations, tech companies, and consumer credit and finance businesses—to achieve their goals and strengthen their brands while minimizing the risk of private and regulatory challenges.

When faced with government investigations or litigation, Spencer represents clients in court and before state and federal regulators such as the FTC, Consumer Financial Protection Bureau, and state attorneys general.  Always an advocate, Spencer also represents clients before the National Advertising Division of the Council of Better Business Bureaus and other non-governmental bodies.  Spencer also represents clients in agency rulemaking proceedings, including before the FTC and Consumer Product Safety Commission.

During his time at the FTC, Spencer led investigations and brought lawsuits to enforce consumer protection laws.  He served as the lead attorney on a $40 million settlement with the nation’s largest prepaid mobile phone service provider to resolve charges that it deceptively advertised its mobile data service as “unlimited,” and successfully prosecuted a novel action against a credit card processor for “assisting and facilitating” in violation of the Telemarketing Sales Rule.  Spencer also helped establish best practices for agency consumer protection litigation as a member of the Bureau of Consumer Protection’s Litigation Committee.
 
Representing clients in investigations brought by government regulators (including the FTC, CFPB, and state attorneys general) related to advertising, billing, privacy, and data security practices.

Defending marketers, retailers, and manufacturers against demands and lawsuits brought under state unfair and deceptive practices acts, the TCPA, and CAN-SPAM Act, and California Invasion of Privacy Act.

Challenging and defending advertising claims before the National Advertising Division of the Council of Better Business Bureaus and television networks.

Assisting clients in developing and clearing advertising claims, reviewing substantiation, and evaluating competitors’ practices for potential challenges.

Counseling on compliant marketing campaigns using a variety of techniques and solutions including promotions, endorsements, emails, texts, calls, apps, and social media.

Assisting clients respond to subpoenas, civil investigative demands, and search warrants while complying with privacy statutes such as the Electronic Communications Privacy Act and the Right to Financial Privacy Act.

Advising on a range of environmental issues including developing sustainable portfolios and marketing green products and services.

Representing clients in rulemaking process, including in hearings before the Consumer Product Safety Commission.
 
Stephen Nye Award for outstanding achievement, Federal Trade Commission, 2014.

Janice Steiger Award for outstanding contributions to the Bureau of Consumer Protection’s Litigation Committee and Robocall Team, Federal Trade Commission, 2013 and 2015.

Justice Joseph W. Henry Award for Outstanding Legal Writing, Tennessee Bar Association, 2010.
 
American Bar Association
 

About

Spencer Elg helps clients navigate consumer protection and advertising laws.  A former litigation attorney for the Federal Trade Commission (FTC), Spencer counsels clients on a broad range of regulatory issues, including advertising and marketing, consumer finance, privacy and data security, and TCPA compliance.  Spencer helps a variety of clients—including SaaS providers, retailers, consumer contact organizations, tech companies, and consumer credit and finance businesses—to achieve their goals and strengthen their brands while minimizing the risk of private and regulatory challenges.

When faced with government investigations or litigation, Spencer represents clients in court and before state and federal regulators such as the FTC, Consumer Financial Protection Bureau, and state attorneys general.  Always an advocate, Spencer also represents clients before the National Advertising Division of the Council of Better Business Bureaus and other non-governmental bodies.  Spencer also represents clients in agency rulemaking proceedings, including before the FTC and Consumer Product Safety Commission.

During his time at the FTC, Spencer led investigations and brought lawsuits to enforce consumer protection laws.  He served as the lead attorney on a $40 million settlement with the nation’s largest prepaid mobile phone service provider to resolve charges that it deceptively advertised its mobile data service as “unlimited,” and successfully prosecuted a novel action against a credit card processor for “assisting and facilitating” in violation of the Telemarketing Sales Rule.  Spencer also helped establish best practices for agency consumer protection litigation as a member of the Bureau of Consumer Protection’s Litigation Committee.
 

Experience

Representing clients in investigations brought by government regulators (including the FTC, CFPB, and state attorneys general) related to advertising, billing, privacy, and data security practices.

Defending marketers, retailers, and manufacturers against demands and lawsuits brought under state unfair and deceptive practices acts, the TCPA, and CAN-SPAM Act, and California Invasion of Privacy Act.

Challenging and defending advertising claims before the National Advertising Division of the Council of Better Business Bureaus and television networks.

Assisting clients in developing and clearing advertising claims, reviewing substantiation, and evaluating competitors’ practices for potential challenges.

Counseling on compliant marketing campaigns using a variety of techniques and solutions including promotions, endorsements, emails, texts, calls, apps, and social media.

Assisting clients respond to subpoenas, civil investigative demands, and search warrants while complying with privacy statutes such as the Electronic Communications Privacy Act and the Right to Financial Privacy Act.

Advising on a range of environmental issues including developing sustainable portfolios and marketing green products and services.

Representing clients in rulemaking process, including in hearings before the Consumer Product Safety Commission.
 

Honors

Stephen Nye Award for outstanding achievement, Federal Trade Commission, 2014.

Janice Steiger Award for outstanding contributions to the Bureau of Consumer Protection’s Litigation Committee and Robocall Team, Federal Trade Commission, 2013 and 2015.

Justice Joseph W. Henry Award for Outstanding Legal Writing, Tennessee Bar Association, 2010.
 

Memberships

American Bar Association