Session Description:

The Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) are looking to break new ground in regulation and enforcement. This session will provide a run-down of the latest hot topics at each agency relevant for payments, including third-party liability for banks and payment processors, the war on so-called “junk fees,” revisions to the FTC’s Red Flags Rule, and data access and portability rights.

Speaker(s):

Donnelly McDowell, Kelley Drye & Warren LLP

Donnelly McDowell’s practice focuses on all aspects of advertising and consumer protection law with specialized concentrations in consumer finance, food and drug law, and direct sales and network marketing compliance.  Donnelly also has unique expertise in a number of niche subject matter areas, including consumer financial privacy, e-commerce transactions, rewards and loyalty programs, gift cards, and unclaimed property laws.

Donnelly regularly represents clients in contested matters such as regulatory inquiries and investigations by the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the Food & Drug Administration (FDA), as well as state attorneys general and district attorneys.  Donnelly also represents challengers and advertisers before the National Advertising Division (NAD) of the BBB National Programs and the National Advertising Review Board (NARB).

In addition to contested work, Donnelly provides regulatory advice and helps clients develop strategies to balance regulatory and litigation risk.  Donnelly regularly advises clients on all aspects of the customer experience, from advertising and purchase or enrollment to automatic renewal notices for subscription programs and complaint handling.  Donnelly also assists clients in connection with due diligence assessments for potential acquisitions and investments, compliance audits to identify compliance gaps and solutions, and policy initiatives, such as by engaging with regulatory agencies in connection with rulemakings, guidance documents, and public meetings.  Donnelly’s client work spans a range of industries including retailers, e-commerce platforms, payment processers, manufacturers and distributors of FDA-regulated products and other consumer goods, and direct sellers and multi-level marketers.