Consumer Protection Defense

Consumer-facing companies confront an array of challenges in complying with federal, state, and local regulations, and in dealing with the overlapping and sometimes conflicting investigations, enforcement actions, and litigation that may result. Our Consumer Protection Defense practice brings together lawyers from across our firm with extensive backgrounds in assisting consumer-facing businesses navigate the increasingly complex and highly regulated business environment.

Morgan Lewis lawyers have successfully defended hundreds of consumer protection matters throughout the United States in federal and state courts, and in administrative tribunals. We also have broad experience representing clients in regulatory investigations, and enforcement actions. We recognize that these matters must be responded to and defended with the big picture in mind. The reality is that whether consumer protection challenges begin with a federal, state, or local subpoena—or a class action complaint, pattern individual lawsuits, or more quietly with an inquiry from a consumer or government agency—they can rapidly change into complex, multifront battles with multiple agencies and plaintiffs pursuing the same conduct.

Successful outcomes are best achieved with a defense team that understands and handles the full range of potential issues and presents a unified defense. We have the capabilities to help clients achieve favorable outcomes and finality in these matters, and we are poised to handle our clients’ consumer protection defense needs whether they arise in the context of a single inquiry, investigation, or lawsuit—or from a multitude of parallel matters.

Government Investigations

Government agencies have their own cultures, traditions, and procedures, and their enforcement priorities and authority evolve. Our team is familiar with the various agencies and enforcement authorities and the differences in how they handle consumer protection matters.

At the federal level, we represent clients before the Federal Trade Commission’s Bureau of Consumer Protection (BCP), the Consumer Financial Protection Bureau (CFPB), the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), the Office of the Comptroller of the Currency (OCC), the US Congress, and other agencies that have increasingly become involved in consumer protection matters. We have multidisciplinary team of lawyers who are knowledgeable about the intricacies of the different agencies. For example, our team includes the chief editor of the Consumer Protection Law Developments treatise.

At the state level, our lawyers, including former state enforcers, advocate for and defend clients targeted by individual and multistate attorneys general investigations. Our skilled handling of these matters allows us to obtain a coordinated resolution to investigations often brought by multiple federal, state, and local government agencies.

Litigation

We represent clients in individual and class action litigation whether they arise parallel to, or independent from, government enforcement actions. A hallmark of our efforts is our recognized ability to balance effectively and efficiently the needs of parallel proceedings. Our trial-ready approach and reputation for success in the courtroom signal to the plaintiffs’ class action bar and regulators that we are prepared to fight for clients in court in the most difficult and complex cases.

Compliance and Risk Management

Leveraging our extensive knowledge of the regulatory environment and our consumer protection enforcement and litigation experience, we help clients develop and implement practical and effective compliance and risk-management solutions and mitigate consumer protection risks.