Overview
Dan Blynn focuses his practice on false advertising and telemarketing litigation, and complex consumer class actions in federal and state courts. Dan assists clients with advertising substantiation investigations, and inquiries from the Federal Trade Commission (FTC) and state attorneys general. He also counsels clients on a variety of advertising and telemarketing-related matters. Dan's clients include Fortune 100 companies, dietary supplement companies, office supply companies, cannabis companies, solar and other energy companies, home security companies, staffing services companies, cable news networks, e-commerce companies, clothing companies, calling and text messaging platform providers, and a host of other large and small businesses across a number of industries.
He regularly represents clients in telemarketing, false advertising, and regulatory litigation (and threatened litigation) brought under the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), Florida Telephone Solicitation Act (FTSA), Virginia Telephone Privacy Protection Act (VTPPA), Washington State Commercial Electronic Mail Act (CEMA), California Invasion of Privacy Act (CIPA), Federal Trade Commission Act, Lanham Act, and a wide range of other state telemarketing and consumer protection laws. In addition, Dan has represented clients in competitor challenges before the Better Business Bureau's National Advertising Division (NAD) self-regulatory body. He has significant experience with electronic discovery and has successfully argued in favor of substantial narrowing of civil discovery and investigative demands from regulators.
Dan is consistently recognized by numerous organizations as one of the leading consumer protection defense attorneys in the country, and often speaks and writes on telemarketing and advertising law issues. Dan's clients recently described him to an attorney rating organization (Legal500, 2023) as: "clearly experienced and knowledgeable, and can be relied on in a difficult and challenging case," having "extensive FTC experience and detailed knowledge, . . . so [he] can advise clients with authority and a detailed understanding that gives confidence that [he] will facilitate the best-case outcome that is available," and someone who can "talk with authority and compassion. He is able to talk through the intricacies of the case and what all the options would be for the client." In early 2022, the Florida legislature cited Dan's commentary regarding the state's telemarketing law in the legislative history underlying proposed amendments to the FTSA. Dan also maintains a robust pro bono practice, and has successfully represented multiple individuals seeking asylum.
Dan provides ongoing counsel regarding a variety of related issues, including:
- Compliance and related issues under the TCPA, TSR, FTSA, VTPPA, CEMA, Oklahoma's Telephone Solicitation Act, Maryland's Stop the Spam Calls Act of 2023, and other state telemarketing laws
- Advertising substantiation
- Native advertising and "green" marketing issues
- "Made in USA," "up to," and other types of claims
- Disclosures in new media and online chat functions
- Third-party consumer, celebrity, and professional endorsements
- CAN-SPAM and state email marketing laws
- Telephone call monitoring and recording practices
In his spare time, Dan enjoys hiking, is a passionate (and often disappointed) Arsenal Football Club supporter, and trains as a novice boxer.
- Maryland
- District of Columbia
- Supreme Court of the United States
- US District Court, District of Columbia
- US District Court, District of Maryland
- US District Court, Central District of Illinois
- US District Court, Eastern District of Michigan
- US Court of Appeals, First Circuit
- US Court of Appeals, Second Circuit
- US Court of Appeals, Sixth Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, District of Columbia Circuit
- J.D., Wake Forest University School of Law, 2003
- B.A., Johns Hopkins University, 2000
Representative Matters
*Includes representative matters handled before joining Steptoe.
Telemarketing Litigation and Contested Matters
- Defending a cable news network in a putative TCPA class action filed in Texas federal court, alleging the delivery of pre-recorded messages, and successfully obtained dismissal of a Texas Telemarketer Registration Act claim alleging that the company’s text messages violated that state statute
- Defending a videotape and photograph digitization service company in a putative TCPA class action filed in Georgia federal court, alleging that the plaintiff continued to receive marketing text messages after revoking her consent
- Defending a health information management company in a putative "junk fax" class action in Illinois federal court, alleging that the defendant sent unsolicited facsimile advertisements in violation of the TCPA
- Defending a plaintiffs-side consumer protection law firm in separate putative TCPA class actions and individual actions (with pendant state telemarketing law claims) filed in Michigan federal court, alleging unsolicited telemarketing calls about the Camp Lejeune water settlement. Separately obtained dismissal of a complaint against the same firm filed in Texas federal court, alleging violation of the TCPA and Texas Telemarketer Registration Act; and resolved another TCPA putative class action against the firm
- Defending a leading security monitoring company in a case removed to New Mexico federal court, alleging violation of the TCPA and New Mexico consumer protection statutes arising out of plaintiff's receipt of purported telemarketing calls placed by a third party
- Defended a technology company that provides cloud-based platforms to the healthcare industry, against a "junk fax" TCPA class action in Maryland federal court, and representing the company with respect to a related petition for an expedited declaratory ruling pending before the Federal Communications Commission
- Defended the second largest office supply chain in a TCPA and VTPPA arbitration arising out of marketing text messages allegedly sent after a do not text request
- Defended a cosmetics company in a putative class action filed in Georgia federal court, alleging violations of the TCPA arising out of text messages sent to a reassigned telephone number
- Defended an investing and financial news website operator in a putative TCPA class action filed in North Carolina federal court, alleging violations of the statute's do not call provisions
- Defended the second largest residential solar contractor in the country in separate putative TCPA class actions filed in California and Illinois federal courts, alleging the receipt of unsolicited, autodialed telemarketing calls, and calls to telephone numbers registered on the National Do Not Call Registry and/or the defendant's internal do not call list
- Defended one of the nation's largest residential and commercial security monitoring companies in a putative class action filed in Washington State court, alleging violations of the Washington State CEMA and state Consumer Protection Act arising out of purported unlawful text message sent to a realtor
- Defended residential solar contractor in a putative TCPA class action litigation filed in Kansas federal court, alleging the receipt of unsolicited, prerecorded telemarketing calls, and calls to telephone numbers registered on the National Do Not Call Registry and/or the defendant's internal do not call list
- Defended men's lifestyle product, fashion, and accessory e-commerce company in a putative FTSA class action filed in California federal court, alleging the receipt of unsolicited, autodialed marketing text messages. After presenting the facts and law to the plaintiff, the plaintiff voluntarily dismissed his complaint
- Defended luxury kitchenware and cookware company in a putative FTSA class action filed in Florida state court, alleging the receipt of unsolicited, autodialed text messages. After filing a motion for summary judgment as to the plaintiff's standing (a so-called "pick-off" motion) and motion to stay, the litigation settled
- Defended a leading residential solar company in a putative FTSA class action filed in Florida state court, alleging the receipt of unsolicited, autodialed telemarketing calls. After filing a "pick-off" motion, the litigation settled
- Defended a women's luxury "athleisure" clothing company in a putative FTSA class action filed in Florida state court, alleging the receipt of unsolicited, autodialed marketing text messages
- Defended a top online women's fashion store in a putative class action filed in California federal court, alleging violations of the TCPA and FTSA based on the purported use of an autodialer. The case resolved after dismissal briefing
- Defended a consumer electronics retailer in a putative FTSA class action filed in New Jersey federal court, alleging the receipt of unsolicited, autodialed marketing text messages. After presenting the facts and law to the plaintiff, the plaintiff voluntarily dismissed his complaint
- Defended the fastest-growing hearing care company globally in a putative TCPA and FTSA class action filed in Florida federal court, alleging the receipt unsolicited, autodialed text messages
- Defended a clothing manufacturer specializing in fashion at music festivals and similar events in a putative FTSA class action filed in Florida state court, alleging the receipt unsolicited, autodialed text messages
- Defended a baby clothing and accessories company in a putative FTSA class action filed in Florida state court, alleging the receipt unsolicited, autodialed text messages
- Defended a pet dietary supplement company in a putative FTSA class action filed in Florida state court, alleging the receipt unsolicited, autodialed text messages
- Defended a cannabis company against a putative TCPA and FTSA class action filed in Florida federal court, alleging the receipt of autodialed text messages and text messages sent to telephone numbers on the defendant's internal do not call list
- Defended a solar company against a putative FTSA class action in Florida state court, alleging the receipt of unsolicited, autodialed telemarketing calls
- Defended a mail order and direct marketing company against a putative TCPA and FTSA class action alleging the receipt of unsolicited, autodialed marketing text messages, and text messages sent to telephone numbers registered on the National Do Not Call Registry and/or the defendant's internal do not call list
- Defended a leading Michigan realtor against a putative class action in Florida state court alleging violations of the FTSA based on the purported use of an "automated system for the selection or dialing of telephone numbers." After filing motions to dismiss and for summary judgment as to plaintiff's standing (on the basis that plaintiff lacked standing after he was provided with complete relief prior to a class being certified, i.e., a so-called "pick off"), the litigation settled
- Defended one of the nation's largest residential and commercial security monitoring companies in Tennessee federal court against allegations that it placed nearly 1,200 autodialed non-telemarketing calls, some of which also purportedly used an artificial or prerecorded voice, without the plaintiff's consent. After prevailing on summary judgment and moving for sanctions against the plaintiff's counsel, the plaintiff stipulated to dismissal of her appeal in the Sixth Circuit
- Defended a national cable news network against a putative class action alleging unsolicited telemarketing calls to elderly plaintiff and purported class of consumers who had their telephone numbers listed on the National Do Not Call Registry or the defendant's internal do not call list, in violation of the TCPA (along with a pendant Florida Unfair and Deceptive Trade Practices Act claim), which settled after defendant moved to dismiss the complaint and attached transcripts of recordings between defendant and plaintiff
- Defended a Brooklyn-based tech accessories company against a putative class action alleging marketing text messages sent to individuals after they asked to be added to the defendant's internal do not call list; the matter settled on favorable terms after the defendant provided the plaintiff with evidence demonstrating strong merits and class certification defenses
- Defended a top online women's fashion store in a putative TCPA class action in Maryland federal court, alleging calls to telephone numbers registered on the defendant's internal do not call list; the plaintiff voluntarily dismissed her complaint after receiving the defendant's Rule 11 motion for sanctions. Defended the same company in a number of putative FTSA class actions and individual litigations filed in Florida state and federal court alleging the receipt of unsolicited, autodialed text messages
- Defended a leading telemarketing and lead vendor for spas and nail salons in a putative class action in Florida state court, alleging unsolicited autodialed telemarketing calls and calls to telephone numbers contained on the National Do Not Call Registry; plaintiff voluntarily dismissed her case (without settlement). Defended the same company in a similar case filed in Texas federal court; after receiving the defendant's motion to dismiss and Rule 11 motion for sanctions, plaintiff voluntarily dismissed her case (without settlement)
- Defended a national cable television news network against a putative class action alleging the receipt of unsolicited autodialed telemarketing calls and calls to telephone numbers registered on the National Do Not Call Registry; plaintiff voluntarily dismissed her case with prejudice (and without settlement)
- Defended a solar energy company against a putative class action alleging that it placed unsolicited telemarketing calls to consumers whose telephone numbers were registered on the National Do Not Call Registry, resulting in a favorable settlement
- Defended a leading global performance nutrition brand and dietary supplement manufacturer against a putative class action in California federal court, alleging that the company's prior express written consent disclosure was unclear and inconspicuous, in violation of the TCPA
- Defended an affiliate marketing network against a putative class action in Arkansas federal court, alleging that it is vicariously liable for unsolicited text messages marketing marijuana products
- Defended a recreational and medicinal marijuana company against a putative class action in California federal court, alleging unsolicited, autodialed marketing text messages, resulting in plaintiff's voluntary dismissal of the lawsuit without settlement
- Defended a former presidential candidate's exploratory committee against a putative TCPA class action pending in Washington state federal court, alleging that it sent autodialed text messages to consumers without their consent and sent text messages to telephone numbers registered on the National Do Not Call Registry, which settled on favorable terms after the court granted the committee's motion for partial dismissal
- Defended a home security provider against a TCPA class action of first impression in Oklahoma federal court, arising out of telemarketing calls placed by a lead generator that utilized soundboard technology, and represented the company with respect to a related petition for expedited declaratory ruling pending before the Federal Communications Commission
- Defended an online brand management technology company against a putative TCPA class action pending in Pennsylvania federal court, alleging the receipt of unsolicited prerecorded message telemarketing calls
- Defended a debt relief marketer against a putative nationwide TCPA class action in the US District Court for the District of New Hampshire, alleging the use of an autodialer to place marketing text messages without the plaintiff's and other consumers' consent
- Defended a customer acquisition marketing company against a TCPA class action pending in Illinois federal court, alleging that the express written consent disclosure in the company's online lead form was unclear and/or inconspicuous
- Defended a top online women's fashion store against putative TCPA class actions filed in Louisiana, California, Georgia, and Florida federal courts, alleging the use of an autodialer to send marketing text messages to consumers without their consent
- Defended a top online women's fashion store against a putative TCPA class action filed in California federal court and an individual TCPA action filed in Florida federal court, alleging that it sent autodialed text messages to reassigned telephone numbers without the subscribers' consent
- Defended one of the nation's largest residential and commercial security monitoring companies against a putative class and individual TCPA actions (some with pendant state collection practices act claims) in Florida, Illinois, West Virginia, Pennsylvania, Idaho, California, North Carolina, and Rhode Island federal courts, variously alleging the use of an autodialer and/or prerecorded messages to place calls without the plaintiffs' respective consents or after they had revoked their consent, as well as violations of the TCPA's do not call provisions
- Defended a home security provider against a TCPA action in Pennsylvania federal court, alleging the use of an autodialer and/or prerecorded messages to place collection calls with the plaintiff's consent
- Defended a top online women's fashion store against a putative TCPA class action in Florida federal court, alleging the use of an autodialer to send marketing text messages to consumers without their consent, resulting in a favorable settlement
- Represented an industry leader in traffic monetization technology in an individual TCPA action in Texas federal court, alleging receipt of unsolicited, autodialed text messages and violations of various regulations concerning maintenance of an internal do not call list, and training on corporate do not call procedures, resulting in a favorable settlement
- Represented a residential and commercial security monitoring company in a putative class action alleging spoofed telemarketing calls placed with an autodialer, and secured voluntary dismissal by plaintiff without settlement
- Represented a residential and commercial security monitoring company in an individual TCPA action in Georgia federal court, alleging the use of an autodialer to place collection calls without the plaintiff's consent, or after she revoked consent, resulting in a favorable settlement
- Obtained a precedent-setting summary judgment decision in favor of defendant-telemarketer for charities in a putative national class action in the US District Court for the Northern District of Illinois, alleging violations of the TCPA's Do Not Call provisions, and testing the boundaries of the TCPA's "nonprofit exemption" to liability (Spiegel v. Associated Community Services, Inc., No. 1:15-cv-08504n, N.D. Ill.)
- Represented a mortgage lender in a putative national class action in the US District Court for the Eastern District of Louisiana, alleging violations of TCPA's autodialer provision, resulting in a favorable settlement
- Served as lead attorney in responding to a FTSA demand letter sent to a fitness company alleging receipt of unsolicited, autodialed text messages, resulting in no lawsuit being filed and no settlement being paid
- Served as lead attorney in responding to TCPA and FTSA demand letters sent to a top online women's fashion store alleging receipt of unsolicited, autodialed text messages, resulting in no lawsuits being filed and no settlements being paid
- Served as lead attorney in responding to a TCPA demand letter sent to a staffing agency, alleging receipt of unsolicited text messages, resulting in no lawsuit being filed and no settlement being paid
- Served as lead attorney in responding to numerous letters sent to a sporting goods and athletic wear company, alleging TCPA violations and demanding tens of thousands of dollars in pre-lawsuit settlements, resulting in no lawsuits being filed and no settlements being paid
- Served as lead attorney in responding to TCPA demand letters sent to an affiliate marketing network, alleging receipt of multiple unsolicited text messages; no lawsuits were filed and no settlements were paid
- Served as lead attorney in responding to a TCPA demand letter sent to a dietary supplement company, alleging TCPA violations and demanding a pre-lawsuit settlement, resulting in no lawsuit being filed and no settlement being paid
- Defended a national fast food chain in a TCPA "junk fax" class action (Jay Clogg Realty Group, Inc. v. Burger King Corp., No. 8:13-cv-662, D. Md.)
False Advertising, Consumer Class Actions, and Complex Litigation
- Defending an avocado growing, packing, shipping, distribution company in a private attorney general action filed on behalf of District residents in District of Columbia Superior Court, alleging that the company's sustainability and environmental-friendliness representations violate the DC Consumer Protection Procedures Act
- Defending energy supply company in a putative class action filed in New York federal court, alleging civil RICO, violation of New Jersey's and other states' consumer protection statutes, and other common law claims arising out of purported "slamming" activity, i.e., enrolling consumers for energy service without their knowledge and authorization
- Defended a digital real estate and e-commerce company in an arbitration alleging fraudulent inducement and breach of contract arising out of the company’s creation and management of online store for the claimant, which resulted in judgment in favor of the company
- Represented a residential security company in responding to several threatened California Invasion of Privacy Act (CIPA) class actions arising out of alleged monitoring and recording of conversations between consumers and the company through the company’s online chat feature and via a so-called "pen register"
- Defended a magazine publisher in putative class actions filed in Michigan federal courts, asserting violations of Michigan's Preservation of Personal Privacy Act, which resulted in the plaintiffs voluntarily dismissing their complaints without settlement
- Defended a marketing and advertising company against a putative class action in Michigan federal court, asserting violations of Michigan's Preservation of Personal Privacy Act, which resulted in the plaintiff voluntarily dismissing the complaint without settlement
- Defended one of the nation's largest residential and commercial security monitoring companies against a putative class action in Florida state court, claiming violations of the Florida Consumer Collection Practices Act based on alleged oral contracts formed in violation of the frauds statute. The case was resolved after the defendant filed a "pick-off" motion
- Defended a probiotic dietary supplement company against a putative class action pending in Maryland federal court, alleging civil RICO violations, false and deceptive advertising, breach of express warranty, and unjust enrichment under the laws of Massachusetts, California, Texas, New Jersey, Michigan, Illinois, Washington, Florida, Idaho, Kentucky, Tennessee, and Wisconsin
- Defended one of the nation's largest residential and commercial security monitoring companies against a putative class action pending in Massachusetts state court, alleging violations of Massachusetts' debt collection regulation, which imposes limits on the number of collection calls that may be initiated within a seven-day period
- Defended a security monitoring company against a putative class action pending in Ohio federal court, alleging violations of the Fair Credit Reporting Act
- Defended Lanham Act false advertising litigation, with pendant state consumer protection act claims, in Ohio federal court on behalf of a dietary supplement manufacturer against a competitor arising out of the competitor's false advertising for various beets-based supplements
- Served as lead attorney in responding to a "Made in USA" advertising claim demand letter sent to a skincare company, alleging violations of various consumer protection statutes and demanding tens of thousands of dollars in pre-lawsuit settlement on behalf of an individual consumer, resulting in no lawsuit being filed and no settlement being paid
- Defended a passive debt buyer against a separate class action and an individual action pending in Massachusetts federal court, alleging technical violations of Massachusetts and federal debt collection statutes. Both cases settled on favorable terms
- Defended several energy supply companies against separate consumer class actions pending in New York, Connecticut, and Pennsylvania federal courts, alleging violations of state consumer protection and false advertising laws, arising out of the suppliers' respective variable-rate advertising and marketing practices. After dismissal of several cases was obtained, the remaining ones were consolidated and settled on a stipulated class basis on favorable terms
- Defended a market leader in stored value debit card solutions for the criminal justice and corrections industry, and the issuing bank, against a class action pending in Ohio federal court, alleging violations of the Electronic Fund Transfer Act and common law conversion and unjust enrichment; and represented defendants in their interlocutory appeal before the US Court of Appeals for the Sixth Circuit
- Primary author of an amicus curiaebrief in support of the defendant's challenge to the trial court's determination that passive debt buyers must be licensed as "debt collectors" under Massachusetts law; the Massachusetts Supreme Judicial Court vacated the trial court's decision and held that passive debt buyers are not debt collectors (Dorrian v. LVNV Funding, LLC, 94 N.E.3d 370 (Mass. 2018))
- Represented Sterling Jewelers, the largest specialty retail jeweler in the United States, in a false advertising action brought under the Lanham Act and Ohio state law, challenging a competitor's claim that one of its brands of diamonds was "the most brilliant diamond in the world," resulting in a confidential settlement described by trade press as "a victory for Sterling" (Sterling Jewelers Inc. v. Zale Corp., No. 5:12-cv-02823 (N.D. Ohio))
- Represented an international manufacturer in several consumer class actions, and a private attorney general lawsuit challenging advertising and marketing claims (including "clinically proven" claims) for a probiotic nutritional supplement drink product, following settlement of an FTC action. Obtained summary judgment on behalf of the manufacturer in a putative nationwide false advertising consumer class action filed in the US District Court for the District of New Jersey, alleging violations of the New Jersey Consumer Fraud Act, California's Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and Pennsylvania's Unfair Trade Practices and Consumer Protection Law. In a tag-along class action filed in Florida state court, defeated the plaintiff's motion to certify a class of Florida purchasers of the defendant's nutritional supplement drink product in a false advertising consumer class action, alleging violations of Florida's consumer protection statute and breach of express warranty. Finally, obtained dismissal of "private attorney general" false advertising action asserting violations of the District of Columbia's Consumer Protection Procedures Act (CPPA), filed in DC Superior Court
- Represented a dietary supplement company in its appeal in FTC Act litigation. The appeal related to propriety of granting and measure of restitution only (FTC v. Bronson Partners, LLC, 654 F.3d 359 (2d Cir. 2011))
- Prosecuted and obtained a favorable settlement for the plaintiff in the first "notario fraud" false advertising action filed in the District of Columbia, alleging violations of the District of Columbia Consumer Protection Procedures Act (CPPA), against a purported immigration legal services provider and owner (Hernandez v. Multi Servicios Latinos, No. 2010 CA 009671 B (D.C. Super. Ct.))
- Defeated plaintiff's motion for preliminary injunction and obtained a dismissal in a consumer class action case challenging the advertising claims for a dietary supplement company's weight loss product (Hulme v. Iovate Health Sciences USA, Inc., No. BC391226 (Cal. Super. Ct.))
- Obtained a favorable settlement in a consumer class action challenging advertising claims for a dietary supplement company's cold relief product (Salcido v. Iomedix Cold Int'l SLR, et al., No. BC 387942 (Cal. Super. Ct.))
- Obtained summary judgment on behalf of a defendant-debt collector on all counts in a landmark California Invasion of Privacy Act and federal Fair Debt Collection Practices Act class action, arising out of the company's alleged failure to advise inbound callers that their conversations may be monitored or recorded for quality assurance purposes; represented the company on the first appeal before the Ninth Circuit (Thomasson v. GC Services LP, 321 Fed. Appx. 557 (9th Cir. 2008);Thomasson v. GC Services LP, No. 05cv940, 2007 US Dist. LEXIS 54693 (S.D. Cal. July 16, 2007))
- Primary author of amicus curiaebrief in support of the defendant challenging the trial court's grant of class certification; Court of Appeals reversed the order certifying the class and remanded (GMAC Commercial Mortgage Corp. v. Texas Bay Oaks LP, 2005 Tex. App. LEXIS 6857 (Tex. Ct. App. Aug. 24, 2005))
- Defeated the applications for a temporary restraining order and preliminary injunction in a case alleging violations of the Lanham Act, and state trademark and anti-dilution statutes, arising out of the client's introduction of a new menu item called "The Angus Steakburger" (Steak n Shake Co. v. Burger King Corp., 323 F. Supp. 2d 983 (E.D. Mo. 2004))
- Obtained a favorable settlement of Lanham Act and California state law false advertising claims asserted against a competitor in the dietary supplements industry (Iovate Health Sciences Int'l, Inc. v. Med. Research Inst., No. 04cv1817 (N.D. Cal 2004))
Representations before the National Advertising Division (NAD)
- Represented nation's largest residential and commercial security monitoring company in challenge to "do it yourself" competitor arising out of the competitor's express and implied claims for its speed of dispatch, monitoring, and notification capabilities; product line; endorsement and testimonial practices; "best" and "#1" claims; and battery life representations, resulting in a favorable initial decision and a subsequent decision stemming from a compliance challenge based on the competitor's failure to abide by the NAD's original decision
- Represented a security monitoring company in a challenge to "do it yourself" competitor's "no contract required" claims, resulting in a favorable decision
Representations before the FTC and State Attorneys General
- Defending in California federal court a company (and its owner) that provides “back-end” fulfilment services to businesses in the debt industry in a first-of-its-type case brought by the DOJ on behalf of the FTC, alleging violations of the TSR and Section 5 of the FTC Act
- Represented a company in an FTC investigation regarding the company’s autorenewal and email marketing practices under the Restore Online Shoppers' Confidence Act (ROSCA) and CAN-SPAM Act, resulting in closure of the investigation
- Represented an individual in FTC computer support investigation brought under TSR and Section 5 of the FTC Act, resulting in the individual not being named as a defendant in the subsequent litigation
- Defended a publicly held leading health care company's chief executive officer in response to FTC allegations that the CEO assisted and facilitated violations of the FTC Act, TSR, and ROSCA
- Defended an event space provider and its owner in an action brought by the District of Columbia attorney general, alleging violations of the District of Columbia Consumer Protection Procedures Act
- Served as lead attorney in representing a company in a Georgia attorney general investigation concerning its dealers' electronic contracting and notice of cancellation disclosure practices, resulting in no action being taken by the regulator
- Served as lead attorney in defending against the first FTC investigation pursuant to the Consumer Review Fairness Act, regarding the company's use of the non-disparagement provision in the website terms of use, resulting in closure of the investigation
- Served as lead attorney in defending against FTC investigations into several home security companies' respective telemarketing practices
- Served as lead attorney in petitioning the FTC to enjoin a television manufacturer from misrepresenting that some of its televisions are "assembled in the USA," where the televisions incorporated a significant percentage of foreign content, and that the last substantial transformation did not occur within the United States
- Served as lead attorney in defending an individual officer against an FTC investigation into a credit monitoring company's marketing for its "free" access to credit scores offer, resulting in the officer being removed from the complaint and consent order
- Served as lead associate in defending against an FTC investigation into a home alarm company's endorsement and testimonial advertising and marketing practices, resulting in a favorable settlement
- Served as lead attorney in petitioning the FTC to enjoin a weight-loss company from misrepresenting that a celebrity endorser used the advertised weight-loss products and program, and achieved dramatic weight loss from the same, resulting in the challenged advertisements' disappearance from the market
- Served as lead associate in defending against an FTC investigation into concussion and other health and safety claims for new and reconditioned football helmets, resulting in closure of the investigation
- Served as lead associate in defending against an FTC investigation into marketing claims for dietary supplements and homeopathic products, resulting in a favorable settlement
- Served as lead associate in defending against an FTC investigation into a work-boot and footwear manufacturer's "Made in USA" advertising and marketing campaign, resulting in closure of the investigation
- Served as lead attorney in defending an energy supply company against litigations filed by the Pennsylvania attorney general and other state regulators, challenging the energy suppliers' variable-rate advertising, marketing, and pricing practices
- Served as lead associate in defending against a Florida attorney general investigation into an Internet network's faux news advertising practices
Speaking Engagements
- "Navigating the Federal and State Calling and Text Messaging Law Minefield," LearnFormula, May 15, 2024
- "Calling and Texting Compliance Update: Navigating the Legal Minefield," Steptoe LLP, Advertising and Consumer Protection Legal Forum, May 9, 2024
- "FDA, FTC, and the Wrong Side of the Litigation 'V.'," Steptoe LLP, Food Contact Conference, April 24, 2024
- "How I Got Into College Adlaw," Guest Lecturer, Advertising and The Law, University of Buffalo School of Law, February 27, 2023
- "Complying with the Florida Telephone Solicitation Act (FTSA) and Strategies for Defending (the Inevitable) FTSA Litigation," Celesq AttorneysEd Center, February 16, 2023.
News & Publications
Client Alerts
UPDATE: Constitutionality of FTC's Structure Faces Greatest Threat Yet
February 19, 2025
Client Alerts
Constitutionality of FTC’s Structure Faces Greatest Threat Yet
February 14, 2025
Client Alerts
The (Possible) Fate of the FCC's One-to-One Consent Order
December 19, 2024
By: Daniel Blynn
Client Alerts
December 2, 2024
Publications
Leader’s Edge Magazine
November 2024
Client Alerts
Made in USA, With Help From China: A Tenth Circuit False Advertising Victory for Ambiguity
May 7, 2024
By: Daniel Blynn
Events
Webinars
Consumer Protection Regulation in 2025
December 11, 2024
Speakers: Akita Adkins, Daniel Blynn, Lee Berger, Eric Berman, Michelle Kallen, Benjamin M. Saul
Seminars & Events
Advertising and Consumer Protection Legal Forum
May 9, 2024
Speakers: Joan Baughan, Eric Berman, Daniel Blynn, Ruxandra Cana, Christopher R. Fredrich, Surya Kundu, Joseph McClure, Stephen J. Newman, Jeff Potts, Jennifer Quinn-Barabanov, Daniel C. Rubenstein, Julia B. Strickland
Seminars & Events
Complimentary Food Contact Conference
April 23, 2024 - April 24, 2024
Speakers: Joan Baughan, Daniel C. Rubenstein, Joseph Dages, Carly Rolph, Kimberly Cassidy, Ph.D., Jessica Cooper, Ph.D., Patricia Kinne, Tom Gillett, Ruxandra Cana, Daniel Blynn, Anthony G. Hopp, Surya Kundu, Dr. Yan Gu
Keynote Speakers: Dr. Paul Honigfort, Dr. Zhu Lei
Noteworthy
- Legal 500, Advertising and Marketing (2016, 2023)
- Super Lawyers, Washington, DC, Consumer Protection Law (2014-2024)
- The Best Lawyers in America, Advertising Law (2018-2024)
- The Best Lawyers in America, Consumer Protection Law (2016-2022)
- American Bar Association, Chair, Advertising Disputes & Litigation (ADL) Committee (2019)
- Law 360, "Rising Star" (2017)
- District of Columbia Courts, Capital Pro Bono High Honor Roll (2012)
- CARECEN, Commitment to Justice Award (2011)
Professional Affiliations
- Board member, Amica Center for Immigrant Rights f/k/a Capital Area Immigrants' Rights (CAIR) Coalition (2012-present)
- Leadership, American Bar Association, Section of Antitrust Law, Nominating Committee (2022-present)
- Leadership, American Bar Association, Section of Antitrust Law, Task Force on Antitrust, Consumer Protection & Diverse Consumers (2022-present)
- Chair, American Bar Association, Advertising Disputes & Litigation Committee (2019-2022); vice chair (2012-2013)
- Vice chair, American Bar Association, Consumer Protection Committee (2013-2019)
- Young lawyer representative, American Bar Association, Private Advertising Litigation Committee (2010-2012)
- Former member, Legal Affairs Committee, The Monitoring Association
- Former adjunct professor of law, George Washington University Law School