Federal Trade Commission
Practice Overview
For decades, the Federal Trade Commission (FTC) has pursued cases involving allegations of illegal marketing, lending, servicing, and collection practices in the marketplace through enforcement actions and litigation. Our attorneys have extensive experience in responding to civil investigative demands (CIDs) and defending clients in enforcement actions and litigation initiated by the FTC. We defend companies in FTC investigations involving allegations of unfair or deceptive acts or practices (UDAP), unfair debt collection practices, illegal lending and credit reporting practices, violations of consumer privacy rights, and failure to maintain security for sensitive consumer information.
For companies operating under FTC settlements, we advise them on how to comply with their corrective action and reporting requirements, including the distribution of restitution funds. We also provide regulatory advice to companies seeking to develop internal controls that monitor compliance with laws, regulations, and guidance issued or enforced by the FTC.
Our representative FTC matters include:
- Representing two marketplace lenders in response to FTC CIDs involving privacy and security practices
- Providing advice and counseling on FTC compliance with payment system and processing rules and regulations
- Represented a payday loan/check cashing management company in an FTC enforcement action alleging violations of the Fair Credit Reporting Act Disposal Rule and the Gramm–Leach–Bliley Act Safeguards Rule
- Represented the defendant in the resolution of a nationwide class action lawsuit alleging predatory lending activities involving real estate-secured and personal loans; the matter was resolved as part of a global nationwide settlement, including a related FTC lawsuit
- Represented the defendant in a settlement in which the FTC alleged unfair and deceptive trade practices, as well as violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act (FCRA), and Truth in Lending Act (TILA) in connection with the servicing of residential mortgages
- Represented the defendant in a settlement in which the FTC alleged unfair and deceptive trade practices regarding mortgage loan servicing and collections
Articles
"How FTC is stepping up its consumer protection efforts" by Jonice Gray Tucker, Amanda Lawrence, and Christopher Robins (Law360)
Recent changes in agendas and leadership at the federal level are prompting companies offering financial products and services to question what consumer protection enforcement will look like on the road ahead. There has been significant discussion about the increasing role of state regulators,...
ArticlesC-Suite Review: Expanded role for the FTC on the road ahead?
Recent changes in agendas and leadership at the federal level are prompting companies offering financial products and services to question what consumer protection enforcement will look like on the road ahead. There has been significant discussion about the increasing role of state regulators,...
C-Suite Review"FTC v. D-Link Systems and the internet of things" by Elizabeth E. McGinn, John B. Williams, and Christopher M. Walczyszyn (Westlaw)
As businesses expand the availability of internet-connected devices, Buckley Sandler LLP attorneys Elizabeth McGinn, John Williams and Christopher Walczyszyn address the Federal Trade Commission’s role in regulating and enforcing “internet of things” device security to protect consumers’ data...
ArticlesCaveat Emptor or Caveat Vendor? The Evolution of Unfairness in Federal Consumer Protection Law
Under the Federal Trade Commission’s original interpretation of unfair or deceptive acts or practices law, financial institutions could feel some sense of security that, if they provided a consumer with a clear understanding of a proposed transaction, the burden was on the consumer to determine...
Articles
News & Blogs
State AGs urge FTC to update identity theft rules
On February 11, a bipartisan group of 29 state Attorneys General, the District of Columbia Attorney General, and an official from the Hawaii Office of Consumer Protection, responded to the FTC’s request for comment on whether the agency should make changes to its identity theft detection rules (the...
InfoBytesDistrict Court temporarily stops debt collection operation at FTC’s request
On February 8, the FTC announced that the U.S. District Court for the Western District of North Carolina had issued a temporary restraining order and asset freeze regarding a debt collection operation allegedly collecting phantom debts. According to the FTC, the debt collection operation...
InfoBytesComputer financing operator cannot use bankruptcy to discharge $13.4 million judgment
On February 1, the FTC announced that the U.S. Bankruptcy Court for the Southern District of Florida ruled that the operator of a computer-financing scheme cannot use his bankruptcy to discharge a $13.4 million judgment entered in 2016 for violating a 2008 FTC order . The FTC alleged that the...
InfoBytesVA releases Loan Guaranty Red Flag Rules Policy
On December 13, the Department of Veterans Affairs (VA) released Circular 26-18-28 , which outlines the VA’s Loan Guaranty Service Red Flag Rules Policy to aid in the detection, prevention, and mitigation of identity theft for certain loans financed by the VA (known as, “Vendee loans”), Native...
InfoBytesFTC and VA sign updated agreement to stop fraud targeted at military education benefits
On December 14, the FTC announced an updated Memorandum of Agreement with the Department of Veterans Affairs (VA) to continue efforts to stop fraudulent and deceptive practices which target servicemembers, veterans, and their dependents who use military education benefits. The agreement is required...
InfoBytesCourt grants summary judgment in favor of FTC and Florida State Attorney General in debt relief scam case
On December 10, the U.S. District Court for the Middle District of Florida granted the FTC and the Florida Attorney General’s motion for summary judgment against an individual accused of participating in a scheme that allegedly targeted financially distressed consumers through illegal robocalls...
InfoBytesAdditional defendants settle credit card laundering lawsuit
On December 11, the FTC entered into a proposed settlement with an Arizona-based company and its officer (defendants) relating to an allegedly deceptive credit card telemarketing operation. As previously covered by InfoBytes , the FTC alleged that the defendants—as part of a larger group of 12...
InfoBytesFTC reaches settlements with two student loan debt relief operators
On December 7, as part of Operation Game of Loans —a coordinated effort between the FTC and state law enforcement—the FTC announced settlements with operators of two student loan debt relief operations to resolve allegations that the defendants violated the FTC Act and the Telemarketing Sales Rule...
InfoBytes9th Circuit upholds $1.3 billion judgment for payday scheme
On December 3, the U.S. Court of Appeals for the 9th Circuit upheld a $1.3 billion judgment against defendants-appellants responsible for operating an allegedly deceptive payday lending scheme. As previously covered by InfoBytes , in October 2016, the FTC announced that the U.S. District Court for...
InfoBytesFTC seeks comments on identity theft detection rules
On December 4, the FTC released a request for public comment on whether the agency should make changes to its identity theft detection rules—the Red Flags Rule and the Card Issuers Rule—which require financial institutions and creditors to take certain actions to detect signs of identity theft...
InfoBytes
Our Federal Trade Commission Team
Partners
Recent Blog Posts
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February 13, 2019
State AGs urge FTC to update identity theft rules
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February 12, 2019
District Court temporarily stops debt collection operation at FTC’s request
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February 6, 2019
Computer financing operator cannot use bankruptcy to discharge $13.4 million judgment
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December 20, 2018
VA releases Loan Guaranty Red Flag Rules Policy
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December 19, 2018
FTC and VA sign updated agreement to stop fraud targeted at military education benefits