Consumer Protection
Why Cooley
Clients turn to our consumer protection practice when they face threats to their business, livelihood or reputation. We advocate for our clients in front of regulators, provide strategic advice on how to handle the most complex and high-stakes matters, and aggressively defend our clients in investigations and litigation when needed.
We have counseled public and private companies through every phase of government investigation – from the receipt of a consumer complaint or start of an examination all the way through resolution – whether closure without action or after mounting an aggressive defense in the courtroom. We have deep experience with the FTC, state AGs, and the CFPB in investigations of advertising and marketing practices, consumer protection, unfair or deceptive acts or practices (UDAP), unfair, deceptive, or abusive acts or practices (UDAAP), data privacy and security, financial services, payments, education, health and wellness, and unfair competition. Our team has handled matters before every state attorney general in the country. We also have unique subject-matter knowledge that allows us to think creatively when analyzing and defending an issue.
Clients benefit from our broad knowledge and experience, as well as our roster of former high-level government officials – including staff attorneys and a former deputy assistant director for policy at the FTC, a former assistant director of the FTC Bureau of Competition, a senior adviser to former California Attorney General and current Vice President Kamala Harris, a Department of Commerce and European Commission-appointed arbitrator for the EU-US Privacy Shield Framework, a former chief of the Federal Communications Commission’s Enforcement Bureau, a former acting associate attorney general of the United States, a leading attorney from Robert Mueller’s special counsel investigation, and many former assistant US attorneys with prosecution and trial experience across the US. Together, we bring firsthand knowledge of, deep insights into, and credibility with government enforcement agencies.
Representative Matters
- Defense of several companies in FTC and state AG marketing practice investigations concerning autorenewal, electronic billing and disclosure practices
- Representation of multiple companies in FTC and state AG investigations concerning company privacy policies, data sharing and collection practices, and data breaches to obtain close letters, nonpublic resolutions and nationwide settlements
- Representation of several financial services companies in investigations by the CFPB, FTC and state AGs concerning their advertising, marketing, consumer protection, licensing and privacy practices
- Representation of several lenders in past and ongoing CFPB, FTC and state AG investigations concerning compliance with various state consumer protection, mortgage servicer, deposit practices, and COVID relief laws, including negotiating closure and nonpublic resolutions of such investigations, as well as public settlements
- Representation of numerous companies in investigations alleging anticompetitive practices at the state and federal level
Specific Matters
- Litigated and secured a settlement with Washington, DC’s attorney general on behalf of a financial technology service provider concerning allegations that the company, which serviced loans in DC originating through a bank partnership, violated consumer protection laws and usury caps
- Represented a global videoconferencing company in securing a resolution with the FTC without a monetary fine or penalty
- Defended an education technology company in an investigation alleging violations of the Children’s Online Privacy Protection Act (COPPA)
- Represented a wireless telecommunications provider in an investigation and settlement with AGs from all 50 states and the CFPB concerning allegations of unauthorized billing practices