Why You Should Choose Rome LLP

Why You Should Choose Rome LLP As you look to hire an FTC enforcement action defense lawyer, consider Rome LLP. With a team of seven highly dedicated and qualified lawyers, you can ensure that your case will be handled with care and competency. Our founder and principal, Eugene Rome, leads the legal team with extensive experience from complex personal injury claims to enforcement actions by the FTC.

With significant experience assisting businesses in responding to regulatory investigations and FTC lawsuits and enforcement actions, our team can offer the legal care you need.

Key Considerations When Responding to an FTC Investigation

There is a wide range of possible outcomes of an FTC investigation, from the case getting closed due to insufficient evidence to the FTC filing a claim in federal court, leading to criminal prosecution.

How you respond to the investigation can have serious implications for what happens next with your case. Below are key considerations to keep in mind when you respond to the FTC: 

• Act Quickly. By ignoring or delaying your response to the FTC, you can implicate yourself, and you may face enforcement actions, fines, or even criminal charges. It is essential that you respond to the Civil Investigative Demand (CID) or subpoena as soon as possible.
• Understand What Is Being Asked of You. The key to responding well is making sure you have a clear grasp of what the subpoena or CID requires of you. They may just want specific documents or data, or they may be requesting an in-person testimony under oath.
• Preservice Relevant Documents and Data. During a CID or subpoena from the FTC, you are legally required to preserve all physical and electronic information related to the investigation. This often includes emails, texts, voicemails, files, metadata, and any backups. By deleting, altering, or destroying any materials, you may be implicating yourself, and this can harm your case.
• Negotiate the Scope of the Investigation. When appropriate, it may be in your interest to narrow the scope of what the FTC is requesting or request an extended deadline if you need more time. While this is not always possible, it may be helpful to inquire about.

The FTC works to protect the public from deceptive or unfair business practices, and in 2023, it returned over $324 million to consumers. The FTC takes these cases very seriously, particularly in areas like supplements and nutraceuticals where online supplement sales compliance is heavily scrutinized, so how you proceed in your case can greatly impact the outcome.

Above all else, you should take this investigation seriously and not delay responding. Due to the severity of the situation, it is often advantageous to partner with an FTC enforcement action defense lawyer as soon as possible, as they can help you navigate this process.

FAQs

What Happens During an FTC Investigation?

During an FTC investigation, the Federal Trade Commission will examine whether a business or individual has practiced unfair or deceptive acts that violate consumer protection laws, specifically Section 5 of the FTC Act. The investigation may be initiated informally with a voluntary request or formally through a Civil Investigative Demand (CID).

How Do You Respond to a Civil Investigative Demand?

It is essential to take a lot of care and intention when responding to a Civil Investigative Demand (CID). It is helpful to first contact a lawyer, as a CID is serious, and a lawyer can help you review the CID to understand what the FTC is asking of you. Once you understand what is needed from you, you and your lawyer can gather key information and give it to the FTC.

How Long Does an FTC Investigation Take?

How long an FTC investigation may take will vary depending mainly on the complexity of the case. Investigations can take a long time, depending on how much information and proof are needed for the case. The FTC will move at its own pace and may not always give regular updates, which is why partnering with a lawyer is helpful, as they can advocate on your behalf.

How Should You Respond to an FTC Subpoena?

To respond to an FTC subpoena, you first need to understand what is being asked of you and the specific deadline of the request. You may be asked to hand over specific documentation and information or to testify under oath. You must ensure you fulfill what is being asked of you by the deadline. You can challenge the subpoena if you need more time to respond or think that what is being asked is too broad or unreasonable.

How Expensive is an FTC Enforcement Action Defense Attorney?

An FTC enforcement action defense attorney can be expensive or inexpensive, depending on several key factors. These factors include how complex the case is, the time needed to complete the case, the lawyer’s experience level and reputation, and whether the case settles or goes to trial. It is vital that you speak with your lawyer about fee expectations as soon as possible so that you understand your financial responsibility.

Hire an FTC Enforcement Action Defense Lawyer Today

If you are facing an investigation, it is vital to partner with a lawyer who is familiar with FTC enforcement action defense laws, and our lawyers will have your back. Rome LLP has extensive experience handling complex FTC enforcement action defense cases involving allegations of unfair and deceptive practices, particularly for high risk merchant representation and businesses dealing with negative option marketing scrutiny.

Our team has a track record of success and can work toward a positive outcome for your case. Reach out today to set up an initial consultation and receive the legal support you deserve. You can contact us online, by phone, or visit the in-person office located on Century Park East in Los Angeles.

Contacts

Rome LLP

Eugene Rome, Esquire
 [email protected]
(424) 544-3071
 https://romellp.com/

Bradley O. Cebeci, Esquire
 [email protected]