Consumer Protection and Advertising Law

Davis Polk has unique regulatory and commercial experience with respect to consumer protection and offers innovative solutions to navigate complex consumer-facing issues.  Our lawyers advise clients on a broad range of consumer protection and advertising law matters, including litigation, investigations and due diligence for mergers and private equity.  We also offer multi-disciplinary teams across a broad range of consumer-related industries, including healthcare, multi-level marketing, lending institutions, for-profit education and data security technologies.  We instill client confidence by combining heightened commercial awareness with key regulatory insight to propel our legal strategy, and routinely represent clients in enforcement proceedings before the FTC, the CFPB and state attorneys general—often without a case being brought.

Our notable experience includes: 

  • Obtaining settlements in connection with FTC allegations of unfair and deceptive practices across a variety of industries.
  • Drafting state and federal privacy and data security legislation.
  • Advising clients in connection with investigations into data breaches.
  • Defending FTC investigations with respect to allegedly misleading advertising claims, including ones relating to products “Made in America.”
  • Conducting due diligence and providing guidance with respect to consumer protection risks in mergers and acquisitions.

Consumer protection issues often extend beyond the initial investigation or diligence to business effects on internal controls, regulatory compliance and policy development—all areas in which our lawyers have significant experience.

Notable Matters

  • Herbalife.  We represented the company in connection with an FTC investigation into allegations of unfair and deceptive practices and helped obtain a favorable settlement.
  • Financial Institution.  We represent a financial institution in connection with false advertising claims brought by a state Attorney General on behalf of the state and certain pension funds.
  • Accessory Manufacturer.  We represented a company with respect to an FTC investigation into “Made in America” claims, which was closed without government action.
  • Security Technologies Company.  We advised the company with respect to its obligations under the Fair Credit Reporting Act and potential regulatory enforcement action.
  • For-Profit College.  We represented a for-profit college with respect to allegedly deceptive advertising claims and helped to facilitate a favorable FTC settlement.
  • Private Equity Funds.  We advised funds on consumer protection risks in connection with potential acquisitions of multilevel marketing, personal security and other types of firms during the due diligence process.
  • Peer-to-Peer Financial Institution.  We advised the company with respect to an FTC advertising investigation.
  • Sharing Economy Platform.  We advisedthe company with respect to interaction with the FTC as well as state and municipal legislation affecting privacy, competition and barriers to entry.
  • Online Advertising Company.  We advised the company about the unfair and deceptive acts and practices of a competitor and facilitated investigation by the relevant regulatory authority.
  • Mortgage Company.  We represented the company with respect to a CFPB investigation into deceptive advertising regarding mortgage lending to veterans and obtained a successful settlement. 
  • Cosmetics Company. We advised a cosmetics company in an FTC investigation into allegedly deceptive advertising and marketing, which was closed without government action.