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Consumer Protection and Data Privacy
Bryan Cave has one of the premier consumer protection practices in the country, counseling and litigating the entire range of consumer protection issues. We have a global privacy and data security team that includes attorneys in the United States and the European Union (Germany, the UK, Italy, and France). The group regularly advises clients on how to draft, implement, and audit privacy policies, and has conducted trainings on how to investigate and respond to data security incidents that implicate consumer and employee privacy. The group has represented numerous companies when responding to privacy investigations brought by the Federal Trade Commission and state Attorneys General. Areas of Legal Expertise Advertising: We provide counseling and representation concerning unfair and deceptive advertising practices including the laws, rules and regulations that affect sale price advertising, product comparison advertising, “free” claims, and children’s advertising. Privacy: We provide counseling and representation on cutting-edge consumer financial privacy and e-commerce privacy issues, including counseling concerning the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act Privacy and Safeguards Rules, the Fair Credit Reporting Act, state privacy and data breach laws, and FTC and state law enforcement precedent. Data Security: We advise our clients concerning laws, rules, and regulations that require companies to implement measures to secure consumer information, including sensitive data and personally identifiable information. Data Breach: We represent companies that have been the victim of a “data breach” in which information they possess relating to consumers is obtained by unauthorized third parties. Our representations have included providing advice and counseling, as well as representing companies in investigations brought by the Federal Trade Commission or state Attorneys General. Promotions and Games of Chance: We counsel and defend companies in connection with promotional offers, contests of skill, and sweepstakes and lotteries. Consumer Financial Services: We provide counseling and representation to companies offering consumer financial products such as credit and debit cards, gift cards and other stored value cards, consumer loans, and to companies engaged in debt collection services. Product Safety: We routinely counsel companies in connection with reporting requirements and compliance obligations under the Consumer Product Safety Act and related statutes enforced by the Consumer Product Safety Commission (CPSC). Self-Regulatory Programs: We have represented industry groups in developing self-regulatory programs, and companies involved in the self-regulatory process, in drafting standards for certification programs, and in advising companies on how to comply or enforce industry self-regulatory standards. Compliance and Training: We develop and present continuing legal education programs for firm clients on privacy, data security, advertising and consumer protection regulatory compliance.