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Tips for Responding to FTC Civil Investigative Demands (CIDs)
Top FTC defense lawyers, defending internet-related FTC / Attorney General actions.
Kronenberger Rosenfeld is an invaluable asset if the Federal Trade Commission (FTC) or a state Attorney General is investigating your company, has served a Civil Investigative Demand (CID) on your company, or has filed a lawsuit or administrative action against your company due to alleged internet-related wrongdoing. 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.
Our internet law and tech experience is invaluable in defending FTC enforcement actions.
Our firm combines experience litigating against the FTC and state Attorneys General with more than 15 years of experience representing a multitude of internet-related companies. Defending a lawsuit containing 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, or 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. We also regularly counsel clients on the implementation of thorough FTC compliance programs as a preventative measure. The FTC defense lawyers as Kronenberger Rosenfeld have also authored The Essential Guide to FTC Compliance, Investigations, and Enforcement, which is an excellent resource for both companies and attorneys.
We are relentless and aggressive litigators for our clients against the FTC and AGs, as the survival of our clients as businesses are often at stake. These are the reasons why clients have chosen our firm to represent them in these bet-the-company lawsuits.
- 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.