Cozen O'Connor's Consumer Protection and Privacy practice includes counseling to assist clients in complying with the intricacies of federal and state consumer protection and privacy laws, representing clients in government investigations and representing business clients in consumer litigation and class action matters. Our matters have involved numerous consumer-related issues ranging from consumer fraud and deceptive marketing claims to compliance with laws such as the Fair Debt Collection Practices Act (FDCPA), the Privacy Regulation related to Health Insurance Portability and Accountability Act (HIPAA) and the Consumer Product Safety Improvement Act (CPSIA).
By combining the talent and experience of our litigators, regulatory specialists, corporate counselors, and intellectual property attorneys, Cozen O’Connor can offer advice on a broad range of privacy and consumer protection matters. Further, with relevant experience in offices around the country, we are able to provide local insight when responding to state or local government investigations or litigation filed within the jurisdiction.
CONSUMER PROTECTION
Cozen O'Connor's consumer protection attorneys can assist with a broad range of consumer-related issues, laws and regulations, including:
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Assist clients who are targets of investigations or enforcement actions by or receive third-party requests for information from: The Federal Trade Commission, Bureau of Consumer Protection, The Consumer Product Safety Commission, The Consumer Financial Protection Bureau, State Attorneys General or other enforcement agencies
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Defend clients against private deceptive marketing and advertising and/or consumer fraud claims
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Represent clients in false or deceptive advertising claims under the Lanham Act.
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Counsel clients on consumer-related laws and rules such as:
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The Fair Debt Collection Practices Act;
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The Children’s Online Privacy Protection Act (COPPA)
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The Consumer Product Safety Improvement Act;
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The Red Flags Rule under the Fair and Accurate Credit Transactions Act of 2003;
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The "Made in USA" Enforcement Policy Statement;
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The Telemarketing Sales Rule;
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The Lanham Act;
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The CAN-SPAM Rules;
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The Do Not Call Rule;
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The Telephone Consumer Protection Act (TCPA); and
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State and local consumer protection laws.
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Defend clients against private claims under the FDCPA and other state and federal consumer protection laws
PRIVACY
We provide sound and practical advice on laws governing the protection of nonpublic personal financial and health information of consumers and customers, including:
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Counsel on privacy considerations arising under various scenarios, including the disclosure of nonpublic information in corporate transactional matters, such as mergers and acquisitions; in rollovers of books of business; to affiliates, vendors and service providers; during discovery in litigation matters; and in regulatory filings that are publicly available
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Counsel clients with respect to issues related to the HIPAA, the Health Information Technology for Economic and Clinical Health Act (HITECH) and their associated privacy regulations, including the relation of HIPAA/HITECH to other state and federal confidentiality laws
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Provide advice when personal information is accidentally disclosed due to technological or other system failures
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Offer guidance when insurance regulators examine, survey, or investigate an entity’s privacy practices
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Draft corporate privacy policies, privacy notices, opt-out notices, and authorizations permitting the use and disclosure of nonpublic/confidential information and providing training on compliance with those policies
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Represent clients that encounter privacy compliance challenges
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Monitor changes in state and federal privacy/confidentiality laws and National Association of Insurance Commissioners (NAIC) model acts
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Counsel clients on federal and state confidentiality laws pertaining to highly sensitive information (e.g., behavioral health, substance abuse, HIV, genetic testing, etc.)
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Advise clients on federal and state breach notification laws