Capabilities
Antitrust/Competition

FTC Consumer Protection

Arnold & Porter possesses a depth of investigations and counseling experience in Federal Trade Commission (FTC) advertising, marketing practices, and privacy/data security matters. Having the right team in place is key in today's legal environment because FTC enforcement actions can often lead to consumer and competitor litigation, with one problem becoming many.

  • Our attorneys handle the full range of consumer protection engagements, from providing proactive counseling and advice, to handling investigations and inquiries from the FTC.
  • Clients turn to us for advice on the full range of consumer protection issues, including advertising substantiation, endorsements/testimonials, native advertising, health and weight-loss claims, environmental/green claims, Made in USA claims, online and mobile marketing, telemarketing, privacy and data security, sweepstakes, contests, promotions, and pricing claims.
  • Our experience covers a wide range of consumer products and services, including health care, weight loss, food products, dietary supplements, sports and entertainment, travel and hospitality, transportation, and others.
  • Our attorneys closely coordinate enforcement and litigation matters with a view toward practical business advice and risk reduction.
  • In matters that involve multiple agencies or jurisdictions, we effectively coordinate advocacy before the FTC, US Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), Federal Communications Commission (FCC), state attorneys general, and other state and federal agencies.
  • Our team includes former staff of the FTC who have a deep understanding of the FTC and agency officials and staff. This knowledge and experience gives our consumer protection attorneys valuable insight into how to best address our clients' situations.

Experience

DeVry Education Group False advertising litigation against FTC

Defended the client in a Federal Trade Commission investigation and litigation related to alleged false advertising.

 

Major car rental company FTC investigation

Represented rental car company in connection with an FTC investigation related to fuel charges.

Consumer Product Manufacturers and Retailer Operation Full Disclosure

Assist clients in responding to warning letters from the FTC regarding their use of disclosures in advertising.

Large entertainment conglomerate Investigation of entertainment industry marketing practices

Represented client with respect to an FTC investigation into marketing of violent entertainment to teens.

Large consumer products company Child obesity issues

Represented one of the largest food products companies on issues relating to child obesity.

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