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FTC Defense Lawyer

by John DiGiacomo

Partner

Corporate

Being threatened or investigated by the FTC? Call us here at Revision Legal. We can help. The Federal Trade Commission (“FTC”) is one of the main federal regulators that investigates and brings administrative and legal actions to enforce various federal laws. These include claims involving:

  • False and misleading advertising and marketing — including traditional and non-traditional marketing such as internet marketing and use of social media influencers
  • False and misleading labeling
  • Unfair business practices — an increasing share of FTC enforcement actions
  • Deceptive business practices
  • Antitrust violations
  • Consumer fraud claims
  • Cybersecurity and data privacy matters
  • Health and effectiveness claims on health products (including supplements)
  • Matters related to consumer credit and reporting

Why you need an FTC defense attorney

The FTC can be very aggressive when prosecuting an enforcement action. This is particularly true when persons and companies are unrepresented. Those without an FTC defense attorney can end up being “bullied” by the FTC attorneys being convinced that some violation has occurred and that some large amount of money must be paid. The FTC can assess civil fines and penalties of hundreds of thousands of dollars (or even millions) and impose onerous injunction punishments. For example, a supplement company recently agreed to pay $600,000 to settle an FTC enforcement action. Criminal prosecutions are also possible if the FTC makes a referral to the Department of Justice.

How can an FTC defense lawyer help?

If facing an FTC action, the various goals are to protect your livelihood and your business, prevent undue disruption of your business operations and obtain the best outcome that is possible based on the facts. The help that an FTC defense attorney can provide depends, in part, on how the FTC has started its investigation and how far along the process is. On the one extreme, you will need very aggressive and experienced FTC defense litigators if matters have reached the administrative hearing/trial phase. Revision can provide those services. Even at that stage, settlement negotiations should be ongoing, which might provide an optimal result.

FTC defense lawyers also provide assistance at the early stages of an FTC action. The FTC initiates actions in various ways like sending investigatory letters, making demands for information, seeking interviews, initiating what is called “civil investigative demands” and issuing administrative subpoenas. If you or your company has received anything of this sort, seek legal assistance from an FTC defense attorney quickly. A quick and effective initial response can often prevent larger, more expensive adverse consequences. For example, sometimes the FTC makes mistakes, sometimes the alleged violations are minor and de minimis, sometimes a quick change in policy can “fix” the alleged problem, etc. In any of these situations, an FTC defense attorney can find the problem and work out a quick and cost-effective solution.

FTC defense attorneys can also help proactively. It can save a lot of money and hassle to have an FTC defense attorney provide an FTC compliance evaluation and audit before an FTC enforcement action is received. That will provide peace of mind.

Contact the FTC Defense Attorneys st Revision Legal

For more information, contact the experienced FTC Defense Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

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