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Jonathan Direnfeld

Partner

Washington, D.C.

Jonathan (Jon) Direnfeld helps clients execute their customer acquisition and retention strategies by guiding them through the complex landscape of federal state consumer-protection requirements. Jon focuses his practice on defending technology and data-driven companies against regulatory enforcement actions by the Federal Trade Commission (FTC) and state attorneys general and consumer class action litigation involving advertising, sales, marketing and data management activities. 

Jon’s experience covers a broad spectrum of B2C and B2B issues, including data privacy, cybersecurity, greenwashing and so-called “unfair and deceptive” sales and marketing practices, with a focus on representation of e-commerce platforms, marketplaces, gig-economy, social media and fintech companies. In connection with these enforcement matters, Jon leverages his substantial crisis management experience by helping clients devise and implement coordinated regulatory, legislative and media responses to these high-stakes incidents.

Jon also helps companies identify and understand the regulatory risks and opportunities associated with ESG marketing and goals, by providing guidance on greenwashing and the FTC’s Green Guides to help clients avoid deceptive claims related to environmental responsibility and sustainability.  

Jon also has substantial experience in the antitrust and competition space, including class action antitrust litigation, criminal cartel investigations and enforcement actions before the DOJ and international regulators, as well as mergers acquisitions and conduct investigations before the DOJ and FTC. In addition, Jon provides strategic public policy counseling to clients on consumer protection and data management matters before Congress and executive branch agencies, and he maintains an active complex commercial litigation practice in federal and state courts across the country.

  • Investigations and Enforcement Actions by Consumer Protection Agencies

    • Representation of an e-commerce platform in connection with an FTC investigation relating to an auto-renewal subscription program and fee disclosures
    • Representation of a ticket marketplace in connection with state AG enforcement actions relating to fee disclosures    
    • Representation of a delivery and e-commerce platform in connection with a state AG enforcement action relating to fee disclosures
    • Representation of a media and entertainment company in an FTC Bureau of Consumer Protection investigation relating to endorsements and testimonials and compliance with the Children’s Online Privacy Protection Act (COPPA)  
    • Representation of an advertising network in an FTC Bureau of Consumer Protection investigation relating to its collection and use of consumer data  
    • Representation of a consumer goods manufacturer in an FTC Bureau of Consumer Protection investigation relating to Made in USA marketing
    • Representation of a travel and leisure company in a multistate AG investigation in the aftermath of a cybersecurity incident Representation of a consumer‑financing company in an FTC Bureau of Consumer Protection investigation relating to the marketing of a unique consumer‑financing  product
    • Representation of an e‑commerce platform in an investigation by the FTC Bureau of Consumer Protection and state AGs involving COVID‑19 sales and marketing practices
    • Representation of a travel and leisure company in a New York Department of Financial Services (DFS) investigation relating to multiple cyber incidents
    • Representation of a delivery and e‑commerce platform in state AG investigations into credential stuffing and account takeover incidents
    • Representation of a fintech lender in an FTC Bureau of Consumer Protection investigation relating to claims-substantiation in the B2C advertising context
    • Representation of a bank subsidiary in an FTC Bureau of Consumer Protection investigation relating to alleged violations of a prior consent decree requiring privacy disclosures and cyber assessments in connection with digital marketing tools
    • Representation of a consumer‑financing entity in an investigation and enforcement action by the FTC Bureau of Consumer Protection relating to the marketing of credit repair services
    • Representation of a marketer of for-profit education opportunities in an investigation by the FTC Bureau of Consumer Protection and DOJ Consumer Protection Division involving Telemarketing Sales Rules and Do-Not-Call Rules
    • Representation of payment processors in FTC Bureau of Consumer Protection investigations relating to policies and procedures for monitoring potential deceptive conduct
    • Representation of a consumer goods manufacturer in an FTC Bureau of Consumer Protection investigation relating to substantiation of weight‑loss claims

    Consumer Class Actions

    • Representation of an online ent
    • Representation of a major retailer and entertainment company in a class action in the Western District of Washington alleging violations of the Electronic Fund Transfer Act and various state gift card laws relating to inactivity fees assessed on gift cards
    • Representation of an online platform in a putative class action in the Central District of California alleging violations of California's autorenewal law
    • Representation of a leading solar company in a class action in the Northern District of California alleging violations of the Telephone Consumer Protection Act (TCPA)
    • Representation of a social networking company in a class action in the Southern District of Florida alleging TCPA violations  arising from text message marketing
    • Representation of a major electronics retailer in a class action in the Southern District of New York alleging violations of the Fair and Accurate Credit Transactions Act (FACTA) for failing to redact credit card expiration dates on customer receipts

    Antitrust Litigation and Investigations

    • Representation of DHL as an opt-out plaintiff in litigation related to the Air Cargo price-fixing class actions  
    • Representation of a technology company in a multi-million-dollar trial victory for the creator of HD Radio® in a “bet the company” licensing dispute involving SEPs and FRAND obligations related to HD Radio technology
    • Representation of a leading technology company in an International Trade Commission proceeding involving the assertion of a patent misuse defense based on patent licensing to OEMs and ODMs
    • Representation of a European automotive parts manufacturer in a criminal cartel investigation by the U.S. Department of Justice Antitrust Division and the European Commission relating to the auto lighting industry
    • Representation of a Japanese manufacturer in a criminal price-fixing investigation by the U.S. Department of Justice Antitrust Division involving the automotive hose industry
    • Representation of IronPlanet in its sale to Ritchie Brothers, which resulted in unconditional antitrust clearance from the U.S. Department of Justice for the $758.5 million transaction
    • Representation of Whole Foods Market as part of a multidisciplinary team that developed a coordinated media, litigation, and political strategy to achieve a favorable settlement with the FTC in a post‑consummation challenge to the Whole Foods Market–Wild Oats merger
    • Representation of a major sports and entertainment company in a post-consummation merger investigation brought by the FTC

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