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Jonathan Direnfeld

Partner

Washington, D.C.

Jon Direnfeld defends technology and data-driven companies against regulatory enforcement and litigation actions involving critical online and offline data management, and advertising, sales and marketing activities. Jon also helps companies identify and understand 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 marketing for environmental responsibility and sustainability.

Jon’s enforcement work involves helping clients navigate the patchwork of federal and state “consumer protection” rules and defending investigations and enforcement actions brought by the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ), State Attorneys General (AGs), and other state regulatory agencies. These matters cover 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 is able to leverage his substantial experience in crisis management by helping clients devise and implement coordinated regulatory, legislative, and media responses to these high stakes incidents. 

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 and acquisitions and conduct investigations before the DOJ and FTC.  In addition, Jon also provides strategic public policy counseling to clients on consumer protection and data management matters before Congress and executive branch agencies, and he has an active complex commercial litigation practice in federal and state courts across the country.

  • Investigations and Enforcement Actions by Consumer Protection Agencies:

    • Representation of delivery and e-commerce platform in connection with a State AG enforcement action relating to fee disclosures
    • Representation of media and entertainment company in connection with an investigation by the FTC Bureau of Consumer Protection relating to endorsements and testimonials and compliance with the Children’s Online Privacy Protection Act (COPPA)
    • Representation of an advertising network in connection with an investigation by the FTC Bureau of Consumer Protection relating to its collection and use of consumer data 
    • Representation of a consumer good manufacturer in connection with an investigation by the FTC Bureau of Consumer Protection relating to Made in the USA marketing 
    • Representation of travel and leisure company in connection with a multi-state AG investigation in the aftermath of a cybersecurity incident
    • Representation of consumer financing company in an investigation by the FTC Bureau of Consumer Protection relating to marketing of unique consumer financing product
    • Representation of an e-commerce platform in connection with 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 connection with an investigation by the New York Department of Financial Services (DFS) relating to multiple cyber incidents
    • Representation of a delivery and e-commerce platform in connection with state AG investigations into credential stuffing and account takeovers
    • Representation of a fintech lender in an investigation by the FTC Bureau of Consumer Protection relating to claims-substantiation in the B2C advertising context
    • Representation of a bank subsidiary in an investigation by the FTC Bureau of Consumer Protection relating to allegations of a prior consent decree requiring privacy disclosures and cyber assessments in relation to digital marketing tools
    • Representation of 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 an executive of an affiliate marketing network in connection with an enforcement action by the FTC Bureau of Consumer Protection relating to deceptive practices in the marketing of weight loss products in one of the first enforcement actions by the FTC seeking to hold affiliate marketing networks responsible for the actions of its affiliates
    • Representation of 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 a major global clothing retailer in an investigation by the FTC's Bureau of Consumer Protection involving online privacy and behaviorally-targeted advertising practices
    • Representation of a major social gaming network in an investigation by the FTC’s Bureau of Consumer Protection involving the alleged hacking and breach of data protected by the Children’s Online Privacy Protection Act (COPPA)
    • Representation of a major online services provider in an investigation by the Office of the New York State Attorney General regarding advertising and sales practices
    • Representation of payment processors in connection with FTC Bureau of Consumer Protection investigations relating to policies and procedures for monitoring potential deceptive conduct
    • Representation of a consumer good manufacturer in an investigation by the FTC Bureau of Consumer Protection relating to substantiation for weight loss claims
    • Representation of two individuals in an enforcement action by the FTC  Bureau of Consumer Protection relating to marketing of computer security software

    Consumer Class Actions

    • Representing 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
    • Representing a leading solar company in a class action in the Northern District of California alleging violations of the Telephone Consumer Protection Act
    • Representing a social network in a class action in the Southern District of Florida alleging violations of the Telephone Consumer Protection Act for text message marketing
    • Representing 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 relation 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 relating to HD Radio technology
    • Representation of a leading technology company in an International Trade Commission proceeding relating to the assertion of a "patent misuse" defense based on patent licensing to OEMs and ODMs
    • Representation of an European automotive parts manufacturer in a criminal cartel investigation by the US Department of Justice, Antitrust Division and the European Commission in the auto lights industries
    • Representation of a Japanese manufacturer in a criminal price-fixing investigation by the US Department of Justice, Antitrust Division in the automotive hose industry
    • Representation of IronPlanet in its sale to Ritchie Brothers which resulted in unconditional antitrust clearance from the US Department of Justice for the $758.5 million sale
    • Representation of Whole Foods Market as a member of a multi-disciplinary team that launched a media/litigation/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
    • Conducting internal investigations for technology, finance, health care, and manufacturing companies relating to allegations of price fixing, bid rigging, and market allocation