Privacy and Data Security

Winston & Strawn has been a leader in the advertising and consumer protection field for decades. Our attorneys help major consumer brands, advertising agencies and market research companies interact directly with consumers while respecting a myriad of complex laws, including the ever-changing realm of marketing through email and text communications. Our work includes both domestic and foreign counseling, as well as litigation and transactional support. Our attorneys include the Former Director of the Federal Trade Commission's Southeast Regional Office.

Representative projects our attorneys have handled include:

• Successfully negotiating a settlement with the FTC on behalf of our client in investigations concerning privacy and data security breach allegations
• Serving as litigation counsel to a client in a case involving the collection of personally identifiable information in a retail environment
• Helping clients understand the requirements of the Children's Online Privacy Protection Act (COPPA), including working with clients to obtain "safe harbor" from the Children's Advertising Review Unit
• Counseling clients regarding online privacy requirements for Web sites launched domestically and internationally
• Helping clients understand requirements and risks when engaging in behavioral advertising domestically and internationally
• Assisting clients to develop e-mail marketing campaigns, text message campaigns, pre-recorded call campaigns, and online information collection programs in compliance with CAN-SPAM and COPPA, among other laws
• Reworking clients' privacy policies to better protect them in the event of class action lawsuits or government investigations
• Representing our client in a putative class action alleging that fax advertisements were sent  in violation of the Telephone Consumer Protection Act and the Illinois Consumer Fraud Act.
• Obtained a favorable settlement for a leading wireless telecommunications carrier in an unfair competition and false advertising class action regarding text messages. The case alleged that our client assigned new customers previously used phone numbers and "routinely" charged those customers for text message-based subscription services that were either unauthorized or authorized only by the previous user of that number.