FTC Civil Investigative Demand (CID) Attorney

Richard Newman is a leader in his profession.  Marketers turn to him to resolve investigations quickly and mitigate exposure when their vital interests are at stake. They look to FTC CID attorney Richard Newman’s FTC investigation defense capabilities, insider's perspective, advertising and marketing law sophistication, and ability to help find solutions to complex regulatory challenges.

With experience defending regulatory investigation at the local, state and federal level and a rare combination of industry knowledge and practical insight, FTC CID lawyer Richard Newman frequently serves as advertising compliance and defense counsel in high-stakes, complex FTC investigations and litigation matters.  His deep skill set, insight and breadth of experience across a range of advertising, marketing and privacy-related matters gives Richard a unique ability to address clients’ legal and regulatory concerns, distinguishing him from other FTC CID lawyers and investigation defense attorneys.

See examples of Richard's recent Representative Experience.

Prominent FTC CID Lawyer for Consumer Protection Defense

The Federal Trade Commission investigates and enforces violations of consumer protection laws.  It promulgates and enforces a variety of consumer protection statutes, regulations and guidelines that govern specific advertising, telemarketing, financial and privacy and data security practices, including:

  • The Federal Trade Commission Act
  • The Telemarketing Sales Rule
  • The Business Opportunity Rule
  • The Endorsement and Testimonial Guidelines
  • The Children's Online Privacy Protection Act
  • The Do-Not-Call Implementation Act of 2003
  • The CAN-SPAM Act
  • The Restore Online Shopper's Confidence Act
  • The Fair Credit Reporting Act

Richard is a prominent consumer protection defense practitioner in matters ranging from sensitive government inquiries to high-stakes litigation  matters.

See here for tips on the art of responding to an FTC Civil Investigative Demand and here for considerations for digital marketers when selecting industry savvy and aggressive regulatory enforcement and investigation defense counsel.  Visit the "Ad Law Insights" - Legal and Regulatory Updates Blog for the latest FTC and state attorneys general compliance, investigation and enforcement developments of concern to advertisers and marketers.  

What is an FTC CID Attorney?

An FTC CID attorney counsels corporations and individuals that are being investigated by FTC attorney for suspected “unfair or deceptive” business practices, from data privacy to consumer protection.  While the Federal Trade Commission continues to ramp-up its compulsory CID investigation process, it is more important that ever to have a dedicated and aggressive FTC CID lawyer with deep knowledge of substantive legal regulations and regulatory policy.

An experienced FTC CID lawyer can proactively engage with the FTC and aggressively  advocate for CID recipients in order to meet and confer with FTC staff counsel, clarify and narrow the scope of the information and documentation requested, deduce the nature and purpose of the Civil Investigative Demand, preserve objections, prepare persuasive written correspondence, distribute document preservation notices to employees and vendors/agents that maintain potentially relevant documents, conduct privileged internal investigations, prepare clients for verbal testimony (investigative hearings), negotiate a staggered timely for the production of information and documentation, assess whether a CID recipient should petition the FTC to limit or quash, seek to determine whether a joint or parallel investigation has been commenced by another regulatory body, and reduce burdens and business disruption.  When necessary, an experienced FTC CID lawyer can also defend against administrative or judicial enforcement proceedings, and negotiate an amicable resolution.

FTC Civil Investigative Demands responses should be deliberate, strategic and acted upon timely.  An FTC CID lawyer with significant experience defending digital marketers and other recipients of compulsory process can assist with analyzing the legal regulations that FTC believes may have been violated, applicable defenses and potential liability, including, but not limited to, why there has been “unfair or deceptive” practices in violation of Section 5 of the FTC Act or agency rules, such as the Restore Online Shoppers’ Confidence Act or Telemarketing Sales Rule.

Optimal CID resolution positioning from the start is critical.  FTC CID lawyer Richard Newman possesses more than fifteen years of experience successfully defending and resolving consumer protection investigations via aggressive and persuasive advocacy, and unparalleled knowledge of he digital marketing industry.

Hinch Newman Selected to Author Consumer Protection Section of Prestigious ALM FTC Law, Practice and Procedure Treatise

Hinch Newman possesses demonstrated distinct subject matter expertise and a track record of success in the fields of digital advertising compliance, investigations (CIDs) and regulatory defense. As a result, FTC compliance and defense attorney Richard B. Newman has been selected to assume authorship of the Consumer Protection Section of the prestigious American Lawyer Media International Federal Trade Commission: Law, Practice and Procedure Treatise, a comprehensive resource for developments of concern to advertisers, marketers and legal professionals that practice before the Commission.

The firm’s contributions feature detailed analyses of emerging legal regulatory issues pertaining to advertising and marketing compliance, civil investigative demands, judicial litigation and administrative enforcement actions, rulemaking, civil penalties and consumer redress, legislative updates, evolving guidelines of unfairness and deception, data privacy in designated market sectors, telemarketing regulations and case law developments.

Hinch Newman Selected to Author Consumer Protection Section of the Prestigious ALM FTC Law, Practice and Procedure Treatise

Effective FTC CID Lawyer Counsel for a Range of Investigatory Processes

If a consumer protection-related inquiry is triggered and the FTC opts not to seek immediate relief in court, it may contact a company formally to request information. A civil investigative demand (CID) or subpoena may be issued when the FTC believes that the company may be uncooperative.

While FTC CID attorneys can use either subpoenas or CIDs in antitrust matters, the agency is restricted to the use of CIDs in consumer protection matters.  A CID is similar to a subpoena in that it can be used to require the production of documentary materials or oral testimony.

A CID differs from a subpoena in that it may also require the recipient to file written reports or answers to interrogatories), and require the production of physical objects.  The FTC can also take testimony at investigational hearings, which are similar to depositions in civil litigation. The process is most often confidential.

Civil investigative demands may also be used to obtain verbal testimony from a witness.  Failing to respond to a CID can result in the initiation of formal court proceedings, including a motion to compel a response.

How Should You Respond to an FTC CID?

FTC CID attorney Richard Newman possesses years of experience defending marketers against high profile investigatory challenges asserted by regulatory agencies regarding advertising practices.  His knowledge and understanding of the internal organization of the FTC and personnel, agency policy and processes, and consumer protection laws and regulations allow him to:

  • Submit white papers with supporting evidence
  • Understand that nature of investigations
  • Obtain information regarding the FTC's theories and concerns
  • Approach FTC staff and develop relationships of trust
  • Consider potential exposure
  • Minimize the expense and disruption to a company’s daily operations
  • Negotiate the scope and timing of requests
  • Negotiate the use of sampling techniques
  • Craft deliberate and persuasive responses to information requests
  • Ensure that ongoing conduct does not violate the law
  • Ensure that information provided remains confidential
  • Protect a company’s long-term business and financial goals
  • Evaluate whether to file a petition to quash

He is skilled at developing strategic alternatives to litigation and is able to quickly set the stage with the FTC for the remainder of process, including, but not limited to, laying the groundwork for why there has been no violation, providing substantive analyses of why the applicable marketing or advertising claims in question are substantiated, why laws and regulations relating to consumers’ privacy and security have been complied with, and why best practice requirements have otherwise been met.

Richard understands that each submission of information to FTC CID lawyers should be viewed as an opportunity to tell the company's story.  He possesses years of experience preparing thoughtful, persuasive and analytical responses to information requests designed to effectively communicate the lack of any wrongdoing.

Can an FTC CID Attorney Achieve Closure of Investigations?

If the FTC concludes that there has been no violation of law or that an enforcement action would not be in the public interest, the agency may close its investigation without seeking any remedy.  It may also request that the respondent modify its practices.

FTC CID lawyer Richard Newman’s unique experience advocating the position of his clientele, coupled with his ability to design and implement effective compliance procedures, have resulted in his securing the amicable and outright closure of numerous FTC investigations into the activities of marketers and lead generators - with no further action.

His experience and knowledge of the Federal Trade Commission’s fundamental thought and recommendation process when deciding to close matters without law enforcement, and ability to extract key practical lessons from recent regulatory guidance and case closures, set Richard apart from other FTC CID lawyers, and FTC compliance, investigation and defense attorneys.

An FTC CID Lawyer With an Insider’s Perspective

As an FTC defense lawyer, Richard maintains strong relationships with the FTC’s staff, the Bureau of Consumer Protection and other regulatory agencies, affording him uncommon insight into how and why they pursue enforcement and investigations.  He brings value to his clients by harnessing a rare insider’s perspective and experience responding to civil investigation demands.

Where possible, Richard also assists clients to develop working relationships with regulators.  He is known for his leadership and ability to resolve such matters amicably whenever possible.

He has defended a broad range of advertising and marketing clientele, including, but not limited to, financial services, lead generators, publishers, lead aggregators, affiliate networks and technology entrepreneurs.  Richard also possesses cutting-edge experience defending privacy and data security-related FTC inquiries.

Interaction and Advocacy Before the FTC

Richard’s representations have included interaction and advocacy before the FTC.  As a result of his wide-ranging knowledge of advertising laws and regulations, he has served as defense counsel on some of the highest-profile FTC investigations.  With his depth of experience responding to and defending FTC CIDs, FTC subpoenas and investigations, Richard can handle almost any consumer protection and related regulatory matter.  He is adept in virtually all areas of marketing and advertising and remains current on the ever-changing consumer regulatory landscape, including on such hot-button issues as:

  • Lead generation
  • Native advertising
  • Negative-option marketing
  • Endorsements and Influencers
  • Disclosures
  • Telemarketing
  • Privacy
  • Data security
  • Behavioral marketing

FTC CID lawyer Richard Newman’s first-hand knowledge and experience in the complex consumer regulatory arena enables him to develop and implement strategic approaches aimed at resolving government investigations and inquiries efficiently and cost-effectively.

Contact an experienced FTC civil investigative demand (CID) attorney to discuss how to decrease vulnerability to an FTC inquiry or if your company has received a CID.