Hudson Cook’s substantial FTC practice includes former FTC associate directors, assistant directors, and attorneys with decades of experience. The practice currently is led by four partners who previously worked in the FTC’s Bureau of Consumer Protection. Lucy Morris, Rebecca Kuehn, Michael Goodman, and Jean Noonan spent years at the FTC litigating cases, leading investigations, writing regulations, training law enforcement, and explaining the FTC’s mission to the public. At Hudson Cook, they are part of a broader team experienced in defending clients in FTC investigations and enforcement actions, negotiating resolutions to these adversarial matters at all levels of the Commission’s hierarchy, and counseling clients in compliance with FTC standards.
Representative clients in FTC investigative and enforcement matters include auto dealers and finance companies, consumer lenders, fintech companies, credit card issuers, consumer reporting agencies, online lead generators, rent-to-own companies, ancillary product providers, and resident screening service providers.
FTC investigations typically begin with a civil investigative demand (CID). CID recipients may be required to produce documents and data, respond to written questions, or provide testimony under oath at an investigational hearing. Hudson Cook lawyers have assisted clients in responding to countless CIDs and have a deep understanding of the FTC’s rules of practice governing CID responses. Throughout the CID response process, we advise clients on their rights and applicable privileges, negotiate modifications to narrow or clarify CIDs, or, if necessary, challenge the CID before the FTC and in the courts. We assist clients with all aspects of their CID response, from large-scale document review and production to hearing preparation to helping to prepare interrogatory responses.
If the director of the FTC’s Bureau of Consumer Protection grants enforcement staff “consent” authority, the best client outcome, depending on the circumstances, may be a resolution through a negotiated settlement. Hudson Cook attorneys have successfully negotiated consent decrees for clients that avoid further enforcement risk and minimize future exposure to private-plaintiff liability.
If a client determines that a settlement with the FTC is not in its best interest, or the Commission opts not to settle, litigation with the FTC may be unavoidable. We represent clients facing enforcement actions by the FTC, as well as related litigation by private plaintiffs, including class actions.
Our FTC practice is informed not just by years of cumulative experience handling matters before the Commission, but also by our decades of experience as dedicated consumer financial services lawyers. If you have received a CID from the Commission or otherwise have questions relating in any way to the FTC, please reach out to any of the lawyers in our government investigations and enforcement practice.
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Hanover, Maryland 21076
