Emily S. Tabatabai is a member of the Cybersecurity & Data Privacy group. She regularly advises clients on an array of consumer protection and privacy matters, including data privacy and security compliance and procedure, data breach responses, online privacy, mobile privacy, behavioral advertising, sales and marketing, advertising and promotions, and social media. She has represented clients from start-ups to Fortune 500 companies in investigations before the Federal Trade Commission and State Attorneys’ General, as well as in private litigation.
Certified as an information privacy professional in both U.S. and European privacy law (CIPP/US and CIPP/E) by the International Association of Privacy Professionals (“IAPP”), Emily works with clients to comply with the various laws, regulations and best practices governing the collection and use of personal data. She has advised companies on compliance, investigations, and litigation involving a variety of federal and state law obligations, including under the Federal Trade Commission Act, the Children’s Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA), state data breach notification laws, California Online Privacy Protection Act (CalOPPA) and others.
Emily also has an active consumer protection practice, focused on marketing and promotional matters. She counsels clients on sweepstakes and marketing promotions, retail sales and ecommerce, advertising substantiation, new media and social media integration, and SMS text messaging and telemarketing, including matters involving the Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA), and state and federal consumer protection statutes.
Representative Consumer Protection and Privacy matters:
- Representing a major global fashion retailer in an enforcement action by the U.S. Federal Trade Commission’s Bureau of Consumer Protection involving the client’s online privacy policies and behaviorally-targeted advertising practices.
- Representing a social application developer in a confidential investigation by the FTC involving alleged breach of data protected by COPPA.
- Advising a consumer electronics company in designing and implementing global Web site privacy policies governing the collection, use and disclosure of consumer information.
- Representing a national mortgage provider in a two-year investigation before the U.S. Federal Trade Commission, based on alleged breaches of consumer data in violation of the safeguarding provisions of the Gramm Leach Bliley Act (GLBA) and Fair Credit Reporting Act (FCRA).
- Representing a software developer in non-investigative discussions with the FTC regarding the developer’s behaviorally targeted marketing program for bank transactions.
- Advising start-ups and established company clients across business spectrum on design of online privacy policies, mobile privacy policies and data collection practices and procedures in accordance with FTC guidance, current best practices and global data privacy regulation.
- Advising a variety of consumer-facing retailers and service providers on a range of consumer issues, including advertising substantiation, sweepstakes and contest design and regulation, social media marketing, mobile marketing, celebrity endorsement agreements, and sales and advertising issues.
Emily is an active member of the IAPP and the American Bar Association’s Consumer Protection Committee and the Privacy and Information Security Committee and is a contributing writer to the Committee’s blog, The Secure Times.