FTC Defense Lawyers

If you've been served a Civil Investigative Demand (CID) or received a lawsuit or administrative action from the FTC against your company, contact our team today.

Receiving a Civil Investigative Demand, subpoena, warning letter, or other inquiry from the Federal Trade Commission can create immediate business and legal risk. The initial response matters. How a company preserves documents, communicates internally, responds to regulators, and frames the issues can affect the scope, cost, and outcome of the investigation.

The FTC is an independent, civil law enforcement agency, and FTC enforcement actions can result in asset freezes, the appointment of a receiver, and court-ordered restitution to consumers. The FTC derives these broad powers from the FTC Act, particularly at sections 43 and 45(a)(1), and the agency is authorized to act in a wide variety of consumer protection matters. State Attorneys General (AGs) also have broad statutory powers to investigate and take action against companies on behalf of consumers in their states.

FTC Defense Attorneys

Our firm combines experience litigating against the FTC and state Attorneys General with more than 20 years of experience representing technology, e-commerce, artificial intelligence and other internet-related companies. Defending a lawsuit based on complex allegations by the FTC or a state AG often requires digital forensic analysis, as well as knowledge of the mechanics of ad networks, tracking systems, and a variety of types of internet business models. This combination of experience litigating against the FTC/AGs and our firm’s concentrated experience with internet and technology legal matters sets us apart from other firms and leads to better results for our clients.

• Analyze FTC CID's, subpoenas, or investigation notices to identify immediate risk points.
• Implement document preservation and coordinate internal response strategy.
• Communicate with FTC staff and manage meet-and-confer efforts on scope, timing, and burden.
• Prepare written responses, document productions, and testimony strategy.
• Evaluate objections, negotiation positions, and, where appropriate, petitions to quash or limit requests.
• Defend related litigation or negotiate resolution if the matter escalates.

We also regularly counsel clients on the implementation of thorough FTC compliance programs as a preventative measure.

The FTC defense lawyers as Kronenberger Rosenfeld authored The Essential Guide to FTC Compliance, Investigations, and Enforcement, which is an excellent resource for both companies and attorneys.

Respond to FTC Investigations, Enforcement, and Litigation

When regulators, counterparties, or plaintiffs challenge a fintech product or practice, speed and strategy matter. We help clients respond to audits, investigations, and enforcement actions and defend business interests in disputes tied to compliance, payments operations, contracts, data practices, and product design. These are some of the most common FTC CID subject matters issued to clients we work with:

• Deceptive Advertising & Marketing including "Made in USA" claims, undisclosed affiliate marketing links, and misleading AI marketing.
• Dark patterns, Deceptive or unfair business practices such as automatic renewal laws
• Data broker, Privacy, and Cybersecurity concerns including sensitive data collection practices, consumer tracking, behavioral advertising, and children's privacy (COPPA)
• Failure to maintain adequate data security despite privacy promises in public-facing policies
• Surveillance pricing and other AI compliance and algorithmic accountability

What to do after receiving an FTC CID

If your company receives an FTC CID, subpoena, or other investigation notice, do not treat it like an ordinary document request. FTC CIDs are judicially enforceable demands and can require documents, written responses, tangible materials, or testimony under oath. Early steps often include preserving records, identifying custodians, calendaring deadlines, assessing the stated basis for the requests, and determining whether the requests should be narrowed, negotiated, or challenged.

Your FTC defense lawyer must be a relentless and aggressive litigator against the FTC and AGs, as the survival of businesses is often at stake. That's why clients have chosen an FTC defense lawyer at Kronenberger Rosenfeld to represent them in these high-stakes lawsuits.

If you have been contacted or sued by the FTC or a state AG, please submit your matter to us in our online case submission form.

REPRESENTATIVE EXPERIENCE

• Sued the FTC on behalf of clients who were innocent victims when FTC attorneys misrepresented facts to a federal judge about how an ISP propagating botnets supposedly had no legitimate customers. In fact, there were more than 200 innocent customers who lost all their data when the FTC shut down the ISP.
• Represented an online marketplace for sporting and entertainment tickets in an investigation by FTC, which was resolved cooperatively with the FTC, without any resulting litigation. The FTC was investigating claims of false advertisements and deceptive practices regarding the use of venue names.
• Represented defendants in an FTC lawsuit alleging $350 million in damages arising from what the FTC described as “bogus free trial offers,” including preparing and presenting nine expert witnesses in an opposition to a preliminary injunction.
• Represented defendants in an FTC lawsuit involving 42.5 million unsolicited SMS text messages marketing free gift cards, resulting in a public settlement where defendants paid only a fraction of the damages alleged by the FTC.
• Represented defendants in an FTC lawsuit alleging $13 million in alleged consumer harm, involving alleged fake blogs, fake testimonials, and fake news websites selling Acai berry weight loss products.
• Represented defendants in an FTC lawsuit alleging more than $9 million in damages related to an allegedly deceptive program instructing consumers how to apply for government grants.