Anthony E. DiResta

Closed Nonpublic Investigations by the FTC, Department of Justice, and State Attorneys General

• Investigation closed. Defense of an auto dealership in an FTC investigation for claims and posts made on social media
• Investigation closed. Defense of a regional bank in a lending discrimination investigation before the U.S. Department of Justice (DOJ)
• Investigation closed. Defense of an entertainment website in an FTC privacy and data breach matter
• Investigation closed. Defense of a nutritional supplement manufacturer and marketer in an FTC investigation concerning substantiation of advertising claims and marketing practices involving social media
• Investigation closed. Defense of a major retailer in a privacy investigation by the FTC concerning breach of a privacy policy
• Investigation closed. Defense of a major hotel brand in an FTC investigation concerning allegations of deceptive pricing in online advertising
• Investigation closed. Defense of an online travel agent in an FTC investigation concerning allegations of deceptive pricing practices
• Investigation closed. Defense of three law firms in separate FTC investigations concerning allegations of deceptive and unfair business practices involving the debt negotiation and debt settlement industry
• Investigation closed. Defense of a professional service provider concerning allegations of deceptive communications and unfair business practices in FTC investigations involving the debt negotiation and debt settlement industry
• Investigation closed. Defense of a payment processor and debt collector in an investigation by the New York City Department of Consumer Affairs
• Investigation closed. Defense of two separate investigations by the Massachusetts attorney general involving privacy breaches
• Investigation closed. Defense of two separate investigations by the Indiana attorney general involving privacy breaches
• Investigation closed. Halted an FTC investigation of an industry trade association after a major consumer group submitted a petition alleging deceptive and unfair advertising
• Investigation closed. Defense of a trade association in an FTC investigation concerning allegations of false advertising that promoted health benefits from its members' products
• Investigation closed. Defense of a financial services business in an FTC investigation involving the Fair Credit Reporting Act
• Investigation closed. Defense of a major pharmaceutical company in an investigation by the New York attorney general concerning rebates and other consumer protection matters
• Investigation closed. Defense of an automobile dealership marketing company in a multistate investigation being led by the attorneys general of Georgia and Idaho concerning allegations of deceptive/unfair advertising and marketing practices
• Investigation closed. Defense of a financial services business in an FTC investigation involving privacy and data security
• Investigation closed. Defense of a financial services business in an FTC investigation involving payday loans
• Investigation closed. Defense of two different mortgage lenders in separate FTC investigations relating to their submission of data pursuant to the Home Mortgage Disclosure Act (HMDA)
• Investigation closed. Defense of a financial services company in an FTC investigation involving violations of the Fair Debt Collection Practices Act
• Investigation closed. Defense of an Internet marketing company in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
• Investigation closed. Defense of a debt collection agency in an investigation concerning unfair and deceptive business practices by the New York attorney general
• Investigation closed. Defense of a debt collection agency in an investigation concerning unfair and deceptive business practices by the Pennsylvania attorney general
• Investigation closed. Defense of a smokeless tobacco company in an FTC investigation concerning marketing practices and regulatory compliance
• Investigation closed. Defense of a marketing company targeting minority populations in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
• Investigation closed. Defense of a debt buyer in an investigation concerning unfair and deceptive business practices by the West Virginia attorney general
• Investigation closed. Defense of a service provider for domestic relations disputes in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
• Investigation closed. Defense of a clothing retailer in separate investigations by attorneys general in California, Illinois, Indiana, Hawaii, South Dakota, Vermont and Missouri concerning alleged deceptive/unfair advertising and marketing practices in connection with an advertising promotion
• Investigation closed. Defense of a clothing retailer in an FTC investigation concerning product labeling and other regulatory consumer protection issues
• Investigation closed. Defense of a telecommunications vendor in an investigation by the FTC and the New York attorney general concerning allegations of deceptive/unfair advertising and marketing practices
• Investigation closed. Defense of an advertising agency in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices

Closed Nonpublic Investigations by the Consumer Financial Protection Bureau (CFPB)

• Investigation closed. Defense of a major debt collection company that focuses on the collection of government and higher education debt in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
• Investigation closed. Defense of a major debt collection company in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
• Investigation closed. Defense of an accounts receivable business in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
• Investigation closed. Defense of a bank in a CFPB investigation involving allegations of deceptive marketing practices
• Investigation closed. Defense of a financial services industry company in a CFPB investigation involving allegations of deceptive, unfair and abusive practices
• Investigation closed. Defense of a leading company in the hospitality industry that engaged in financial transactions for consumers in a CFPB investigation involving allegations of misleading and deceptive advertising as well as unfair and abusive business practices

Federal Trade Commission (FTC) Investigations That Are Public

• Successful negotiation of a settlement in joint FTC and Department of Health and Human Services investigations concerning privacy and data security breach
• Successful negotiation of a settlement in an FTC investigation involving the use of facial recognition and biometric data, as well as allegations concerning the breach of an FTC consent decree
• Successful negotiation of a settlement involving the advertising and marketing of claims by a reading program
• Successful termination of an FTC investigation with a closing letter involving a debt buyer and debt seller
• Successful negotiation of an FTC investigation involving a debt buyer for violations of Section 5 of the FTC Act and the Fair Debt Collection Practices Act concerning the collection of a transactional or convenience fee
• Successful negotiation of an FTC investigation involving a debt collection company for violations of Section 5 of the FTC Act and the Fair Debt Collections Practices Act
• Successful negotiation of a settlement involving the advertising and marketing claims concerning an exercise equipment product
• Successful negotiation of a settlement concerning advertising of entertainment events and disclosures concerning purchases in secondary markets
• Successful negotiation of a settlement involving the marketing of dietary supplements in an FTC litigation
• Successful negotiation of a settlement involving the principal of a dietary supplements company in an FTC litigation
• Successful negotiation of a settlement involving lending discrimination
• Successful negotiation for a debt collection company and its owner in an FTC investigation for violations of the Fair Debt Collections Practice Act
• Successful negotiation for a debt collection company in an FTC investigation for violations of the Fair Debt Collection Practices Act
• Successful negotiation of a settlement involving a marketer of magazines and periodicals in an FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices
• Successful negotiation of a settlement involving the retailer of consumer products in a joint investigation by the FTC and the New York attorney general concerning rebates and other consumer protection matters
• Successful negotiation for a debt settlement services company in an FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices

State Attorney General Investigations That Are Public

• Successful negotiation of a settlement in an investigation by the Massachusetts Attorney General concerning compliance with the Fair Credit Reporting Act (FCRA) and the Fair Debt Collections Practices Act (FDCPA)
• Successful negotiation of a settlement in a consumer protection litigation by the Pennsylvania attorney general involving deceptive marketing practices; investigations by the attorneys general of New York, Missouri, Maryland, Connecticut and Florida were closed
• Successful negotiation of a settlement in an investigation by the California attorney general concerning allegations of deceptive/unfair advertising and marketing practices
• Successful negotiation of a settlement in an investigation by the Washington attorney general concerning allegations of deceptive/unfair advertising and marketing practices

Advocacy Before the FTC

• Representation of a trade association in an FTC 6(b) inquiry concerning consumer protection and competition issues
• Representation of a fast food franchise in an FTC 6(b) inquiry concerning the role of advertising and marketing on childhood obesity
• Representation of advertising and marketing companies in submitting comments to the Federal Trade Commission on a range of consumer protection issues
• Investigation prevented. Proactively convinced the FTC not to commence an investigation after a petition by several U.S. senators requested that the FTC open an inquiry into a company's advertising and marketing practices
• Investigations prevented. Proactively convinced the FTC not to commence several investigations after a referral by the NAD

Advocacy Before the NAD (National Advertising Division)

• Representation of a company involved in health and wellness before the NAD concerning allegations of false and deceptive advertising
• Appeal of an NAD decision before the National Advertising Review Board (NARB)

Antitrust/Unfair Competition

• Defense of a trade association in the healthcare industry concerning conspiracy and business defamation
• Defense of an oil company in an antitrust action brought by the Hawaii attorney general
• Representation of a test preparation company in an antitrust action alleging monopolization in the computer-based testing industry
• Defense of a media company in an antitrust litigation and trial alleging predatory pricing
• Representation of a durable medical equipment supplier in an Eleventh Circuit appeal involving a hospital joint venture
• Defense of – and national counsel for – a commercial lending company in several federal antitrust actions
• Representation of a minority cable franchisor in an antitrust action
• Defense of a major airline in a class action for alleged conspiracy amongst airlines to fix prices
• Representation of a ticket sales and distribution company in an antitrust action
• Representation of amici curiae in an Eleventh Circuit en banc consideration of antitrust issues concerning vertical integration, monopolization and standing

Business Torts and Commercial Contracts

• Representation of both plaintiffs and defendants in a Lanham Act litigation
• Representation for litigation, trial and appeal defense of an entertainment company in an action brought by a former employee for invasion of privacy and alleged violations under the Federal Wiretap Act
• Representation of a theme park and several retail businesses in Florida in litigation and administrative proceedings concerning a proposed “magnetically levitated” high-speed vehicle
• Defense of financial institutions and agencies in a Fair Debt Collection Practices Act (FDCPA) dispute
• Defense of a bank in several actions involving alleged improper lending practices
• Representation of a mortgage company in expedited appeals to the Eleventh Circuit and the U.S. Supreme Court

Intellectual Property

• Business counseling involving privacy issues facing consumers using computer technology, the Internet and social media platforms
• Representation of major television network affiliates in copyright infringement actions

Securities

• Defense of investment and professional services firms in class action securities litigation proceedings
• Representation of a major bank in an Eleventh Circuit expedited appeal of a class action involving federal and state securities regulations

Lender Liability

• Defense of banks in lender liability actions
• Representation of a multinational banking and financial services corporation in an Eleventh Circuit appeal of a lender liability action concerning federal and state lending regulations

Products Liability/Toxic Tort

• Defense of a multinational chemical and healthcare corporation as national counsel in pharmaceutical product liability cases involving the use of ingredient phenylpropanolamine (PPA) in cough/cold and weight loss medications
• Defense of a pharmaceutical company as national counsel in pharmaceutical product liability cases involving the use of thimerosal in vaccines
• Defense of a foreign weapons manufacturer in several product liability actions brought by local foreign governments in the United States
• Representation of a foreign weapons manufacturer in a product recall program in the United States
• Defense of a chlorine manufacturer in a toxic tort litigation involving DDT

First Amendment/Media/Communications

• Defense of a journalist in a defamation action involving District of Columbia government hiring practices
• Defense of a media conglomerate and its journalists in defamation lawsuits
• Defense of a media conglomerate and its journalists in invasion of privacy actions
• Representation of a media conglomerate and its journalists in proceedings involving reporters’ rights, such as subpoenas directed to journalists
• Representation of two major magazines and their journalists in several proceedings involving reporters’ rights, such as subpoenas directed to journalists
• Representation of a media conglomerate and its journalists in petitioning courts for access to civil and criminal proceedings and documents
• Representation of a media conglomerate and its journalists in litigation and an Eleventh Circuit appeal of their efforts to gather and report news of public concern
• Prepublication review for a media conglomerate
• Representation of a newspaper before the Georgia Supreme Court in a case of first impression that was the subject of several articles in The Wall Street Journal, The New York Times and The Atlanta Journal-Constitution
• Representation of a Georgia newspaper before the Georgia Supreme Court in an invasion of privacy action that included prior restraint issues