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Consumer Protection

Contact

Jeewon K. Serrato
Partner, San Francisco
T: +1.415.983.1029
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Areas of Focus

Pillsbury assists clients navigate the complex landscape of consumer protection laws, including regulatory compliance, investigations and consumer litigation.

Corporations are facing increasing scrutiny in how they interact with consumers while using and monetizing their data. Our lawyers help clients understand legal frameworks for consumer protection and assess their obligations under these laws and regulations. We conduct thorough reviews of our clients’ business practices, advertising strategies and consumer-facing policies to identify any potential compliance gaps. We also help clients map their data to get a clear view of what data they collect and how it travels within and outside the organization, not only to meet their obligations under privacy laws but also to assist clients leveraging data for business use cases. Our attorneys provide strategic guidance on how to align these practices with applicable laws and regulations, thereby minimizing the risk of litigation and regulatory enforcement actions.

When facing regulatory investigations or litigation, our regulatory team collaborates with our Corporate Investigations and Litigation teams to defend clients. Our investigations team includes several former federal prosecutors, including the former U.S. Attorney for the Eastern District of New York, as well as former members of state and federal government agencies, state assistant attorney generals and state court judges. We have significant experience defending clients in civil and criminal matters involving state and federal consumer protection laws, such as California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act; Florida’s Deceptive and Unfair Trade Practices Act; New York’s Unfair or Deceptive Act; and Texas’s Deceptive Trade Practices Act. We have represented clients in matters brought by state attorneys general, the Department of Justice, the Federal Trade Commission, or consumers.

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Our team assists clients with matters involving:

  • Data privacy, including matters under the California Consumer Privacy Act (CCPA) as well as the growing list of state consumer privacy laws, the Washington My Health My Data Act (WMHMDA), the Illinois Biometric Information Privacy Act (BIPA), General Data Protection Regulation (GDPR),the Telephone Consumer Protection Act (TCPA), the Electronic Communications Privacy Act (ECPA) (and its state law equivalents) and the Children’s Online Privacy Protection Act (COPPA).
  • Novel uses of AI as well its integration into existing products and technologies, including legal requirements for automated decision-making tools and profiling practices.
  • Website audits, including cookie scans and testing to ensure that consumer requests to opt-out of the sale/share of their data and requests made through opt-out preference signals such as the Global Privacy Control, are properly operationalized.
  • Creating internal procedures related to age verification, including adoption of age verification technologies.
  • Advertising technology agreements and advising on related privacy issues arising from the use of online tracking technologies and geolocation information.
  • Advertising and deceptive practices, including false advertising, unfair competition, unfair business practices, and unjust enrichment and alleged violations of state consumer-protection laws and Lanham Act.
  • Consumer financial services, banking, and virtual currency, including involving the Truth in Lending Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Fair Credit Reporting Act, Civil Rights Act, Racketeer Influenced and Corrupt Organizations Act, unfair competition laws, and other state and federal consumer-protection statutes.
  • Consumer products, including AI, product liability, warranties, and recalls
  • Antitrust and competition
  • Emerging contaminants, PFAS and Proposition 65

Representative Experience

  • Privacy
    • Represented public hospital in responding to a data breach requiring notification to 1.3 million patients, including notifying approximately 30 state AGs and the federal government of the breach and responding to the resulting simultaneous state AG and federal investigations.
    • Defended numerous clients in actions involving privacy litigation, such as the California Invasion of Privacy Act (CIPA) and the Video Privacy Protection Act (VPPA).
    • Provided advice to companies relating to data collection, use and transfer for emerging technologies, such as biometric solutions, Big Data, Internet of Things (IoT) and AI.
    • Helped major global electronics firm with a privacy audit and compliance issues related to emerging privacy concerns around the Internet of Things.
    • Defended retailer of personal care and beauty products against CCPA and unfair competition law enforcement by the California Attorney General’s Office (CA DOJ).
    • Defending prominent mobile game app publisher in class action alleging privacy violations, including geotracking, COPPA and other theories.
    • Representing video game developer for mobile device applications in California state court class action litigation alleging consumer privacy violations.
  • Advertising & Deceptive Practices
    • Advised on AdTech issues, particularly compliance with laws and regulatory guidance on the use of online tracking technologies, cross-domain tracking, cross-context behavioral advertising, do-not-sell and do-not-share requirements, use of hashed identifiers, and developing architecture that effectively sends the downward opt-out signal to client’s vendors classified as third parties.
    • Successfully resolved investigation by the New York Attorney General of a client involved in the secondary ticketing industry, with no action taken against the client.
    • Represented medical device manufacturer in an investigation by coalition of California district attorneys alleging deceptive practices and unfair competition.
    • Represented various companies in auto-renewal law (ARL) district attorney task force enforcement actions and private class actions.
    • Representing multiple international airlines in COVID-19-related class action litigations regarding consumer claims in connection with ticket refunds.
    • Represented international coffee chain in false advertising class action alleging slack fill violations.
  • Financial Services
    • Represented foreign bank in connection with an investigation of foreign exchange benchmark rate manipulation.
    • Representing several commercial banks in developing and roll-out of nationwide digital banking platforms, including regulatory and related issues.
    • Representing numerous fintechs, drafting key contracts with banks and other partners and advising on regulatory issues involving consumer protection, data privacy and cybersecurity concerns.
    • Represented several senior executives, including the deputy general counsel of Wells Fargo, in connection with the 50-state settlement for unfair and deceptive trade practices in opening unauthorized accounts and enrolling customers without their knowledge and consent. We also represented the clients in parallel with the DOJ, SEC, OCC and FINRA investigations. No charges, sanctions or fines were ever sought or obtained against any of Pillsbury’s clients, nor were any pursued in related civil litigation.
  • Consumer Products
    • Provided product counseling and regulatory advice related to 500 e-commerce products and 20 mobile apps globally.
    • Defended major automobile manufacturers in rollover litigation and obtained defense verdicts in all cases brought to trial.
    • Represented owner and distributor of blender products in over 60 related personal injury product liability lawsuits and two class action lawsuits.
    • Defended over 100 personal injury and wrongful death claims throughout Florida in federal and state court by smokers against cigarette manufacturers. The claims arose out of a decertified class against manufacturers that spanned years of litigation.
  • Antitrust and Competition
    • Represented Japanese auto parts manufacturer in various probes by regulators in both the United States and Europe into allegations of anti-competitive practices in the auto parts industry, which became the single largest criminal cartel investigation ever conducted by the DOJ. After a two-year investigation and several declination presentations, convinced the DOJ to cease its inquiry into Pillsbury’s client. We also represented this manufacturer in related civil class action litigation.
    • Represented officers and directors of a Japanese electronics manufacturer in grand jury proceeding regarding allegations of price fixing of liquid crystal display (LCD) applications. The investigation was concluded without any charges brought against our clients or the company.
  • Emerging Contaminants
    • Advised major domestic distributor of plastics products on the recycled content laws and labeling requirements of New Jersey and Washington State.
    • Counseling clients that have manufactured or imported PFAS and PFAS-containing products with respect to the reporting obligations under EPA’s One-Time PFAS Reporting Rule under TSCA.
    • Represented U.S. subsidiaries of foreign chemical companies in matters related to PFAS, including obtainment of FDA and EPA approvals for C-6 PFAS in paper and paperboard applications, when such chemicals were regarded as more environmentally benign than chemicals such as PFOA and PFOS.