Our lawyers regularly handle complex matters that arise from Section 5 of the FTC Act, which prohibits unfair or deceptive acts or practices in or affecting commerce. We have vast experience defending alleged false advertising, data privacy violations, unfair contract terms, and anticompetitive conduct issues on behalf of our clients. Our lawyers routinely assist clients with the formulation, deployment, and ongoing assessment of their consumer disclosures, as well as marketing compliance programs and related contract negotiations. We have also represented clients facing these types of actions in the adversarial context of proceedings before the FTC, litigation involving the FTC, individual and group investigations by state attorneys general, and in the context of proposed congressional legislation.
Sidley also represents a broad array of clients regarding sensitive and complex online and offline marketing and advertising issues involving:
- Behavioral advertising and deep-packet inspection issues
- Telephone Consumer Protection Act (TCPA) (commercial text messages, recorded calls, unsolicited faxes, etc.)
- CAN-SPAM Act
- Telemarketing
- Do Not Call, and other consumer protection issues or alleged unfair trade practices, including claims between competitors challenging their respective consumer disclosures or promotional materials
Highly Ranked Nationwide in Privacy & Data Security: The Elite
Chambers USA 2025
How We Add Value
With a record of success helping global companies handle complex consumer protection and advertising legal challenges, we utilize a multidisciplinary approach to develop strategies to preemptively protect our clients.
Our team leverages the firm’s network of resources and cross-servicing opportunities for our clients, working across offices and disciplines to ensure they benefit from our collective experience. We regularly coordinate with our colleagues in the firm’s global Technology and IP Transactions, Telecom and Internet Competition, Banking and Financial Services, Insurance, Life Sciences, Litigation, International Trade, and Government Strategies practices to provide coordinated and comprehensive advice to clients.
Our lawyers, many who have held key government positions with the U.S. government over several administrations, provide the experience, knowledge, and resources to help our clients manage and resolve high-stakes data breaches or other crisis management issues quickly and effectively. Our capabilities include: internal investigation, notifying affected individuals, reporting to and advocating before government agencies, notification and potential liability exposure analysis, arranging credit monitoring, retaining and supervising computer forensic consultants, government investigations, class actions, and evaluating strategic options.
Related Matters
Our lawyers have helped clients navigate a wide array of challenges, including assisting:
- A multinational financial institution evaluate the applicability of Section 5 of the FTC Act to it and its subsidiaries, and analyze the interaction with cross-border data transfer laws.
- An ad-tech firm assess its strategy for reviewing, updating, and drafting public disclosures and marketing materials in light of a potential FTC and Department of Justice (DOJ) inquiry.
- Clients analyze claims by or against competitors challenging consumer disclosures or promotional materials under the Lanham Act and state unfair and deceptive practices acts.
- A multinational retailer assess compliance and potential risk associated with an existing FTC consent order regarding alleged Section 5 violations in the context of a corporate acquisition.