Federal and State Calling and Text Messaging Law Minefield

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 trade associations, Fortune 100 companies, dietary supplement companies, cannabis companies, energy companies, home security companies, staffing services companies, cable news networks, calling and text messaging platform providers, and a host of other large and small businesses. 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 regularly 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 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.