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D. Reed Freeman, Jr.

Washington D.C., (202) 887-6948
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Reed Freeman focuses his practice on all aspects of consumer protection law, including online and offline privacy issues, data security and breach notification, online and offline advertising review and competitor challenges, direct marketing, and defense of regulatory investigation, such as those by the FTC and the state Attorneys General.

Mr. Freeman advises a wide variety of clients on deploying, or hiring vendors to deploy, behavioral advertising, retargeting, personalized content, the use of web analytics, and other uses of online tracking technologies. He also counsels clients on the use of location-based data and on marketing through social media and online and mobile applications. He counsels clients on compliance with FTC and state trade regulation issues, including the Children’s Online Privacy Protection Act (COPPA), CAN-SPAM Act, Telemarketing Sales Rule (TSR), and “do not call” rules; state law, including California’s Song-Beverly, Shine the Light and CalOPPA laws; and security regulations and data breach notification laws.

Mr. Freeman serves as lead counsel in FTC and state consumer protection investigations and negotiations. He also represents clients in class action matters and in false advertising disputes in federal court under the Lanham Act and similar state laws, and before the National Advertising Division (NAD) of the Council of Better Business Bureaus, Inc., and the National Advertising Review Board (NARB).

Mr. Freeman assists clients with the creation and evaluation of compliance programs for local, state, federal, and international laws regulating the collection, use, and disclosure of consumers’ and employees’ personally identifiable information. He also drafts privacy policies, website terms of use, and agreements concerning data uses and list management.

Mr. Freeman’s representative clients include retailers, software companies, hardware manufacturers, online publishers, advertisers, and advertising service providers, including providers of online analytics, online and mobile application developers, including those that use location-based data, data aggregators, hospitality companies, companies that offer advertising services based on social media, and an email marketing trade association.

Mr. Freeman is ranked by Chambers Global (2011-2013) and Chambers USA (2008-2013) as one of the country’s leading practitioners in the privacy and data security area. He continues to be recognized by Legal 500 US as a leading lawyer in data protection and privacy, and a recommended attorney in the area of marketing and advertising. Since 2009, he has been recognized by Best Lawyers in America in the area of Advertising Law. He is co-author of CCH’s Advertising Law Guide and CCH’s Privacy Law for Marketers. He also served as chief privacy officer and vice president for legislative and regulatory affairs at Claria Corporation, as staff attorney in the FTC’s Bureau of Consumer Protection, and as an adjunct professor of Advertising Law at George Mason University School of Law. Mr. Freeman received his B.A. in 1990 from the University of Richmond and his J.D. in 1993 from the University of Virginia School of Law.

Defense of FTC Investigations

·         Privacy. Successfully defended FTC privacy investigation of online retailer. Case closed. (2010)
Successfully defended FTC privacy investigation of mobile application developer. Case closed. (2011) Successfully defended online services company.  Case closed. (2011).

·         Negative Option. Negotiated a favorable settlement in an FTC negative option marketing case. (2009)

·         NAD Referral. Defended a client in an NAD referral to the FTC. Investigation closed. (2007)

·         “Made in USA.” Defended a client in a “Made in USA” investigation. Case closed. (2007)

·         Incentive Marketing. Negotiated a favorable settlement of the FTC’s first online incentive marketing case. (2007)

·         Telemarketing Sales Rule. Negotiated a favorable settlement in an FTC “assisting and facilitating” case against a list marketer under the Telemarketing Sales Rule. (2004)
Successfully defended a client in an FTC investigation relating to recent amendments to the Telemarketing Sales Rule. (2011)

·         Behavioral Advertising. Defended a client in an FTC investigation of behavioral advertising practices. Investigation closed. (2004)
Successfully defended a client in an FTC investigation on use of cookies. Case closed. (2011)

·         Information Security. Successfully defended detailed investigation of professional services company following large breach.  Case closed (2013).  Negotiated a favorable settlement in one of the FTC’s first information security cases.  Negotiated favoracble settlement in FTC investigation of an application’s sercurity practices.  (2014).

·         COPPA. Negotiated a favorable settlement in one of the FTC’s first COPPA cases (2001), as well as in a FTC COPPA case involving online virtual worlds. (2011)

FTC Privacy Town Halls and Roundtable Series

·         Assisted major technology company in FTC comments in connection with the Commission's privacy roundtable series in 2009-2010.

·         Represented multiple clients in meetings with the FTC prior to the 2007 Behavioral Marketing Town Hall meetings.

General Privacy Counseling

·         Assisted online and mobile app developers in creating innovative privacy disclosures.

·         Assisted an online marketplace in creating a privacy resource center for use by employees throughout the organization.

·         Assisted multiple companies in connection with implementing the DAA’s Advertising Option Icon.

·         Assisted major retailer with affiliate marketing compliance across multiple affiliates.

·         Assisted major technology companies in transactional due diligence related to privacy and information security.

Specialized Transactional Work: Behavioral Advertising

·         Assisted behavioral advertisers in contract negotiations with publishers and advertisers and in connection with applications for Network Advertising Initiative (NAI) membership. (2009-2010)

·         Assisted online publishers in negotiations with agencies and ad targeting companies.

·         Defended online advertising company in CBBB investigation under DAA Code.

International Compliance Counseling

·         Assisted in review of international direct marketing standards for several prominent companies.

·         Assisted a major hotel chain with international privacy law advice relating to video monitoring.

·         Assisted manufacturer in providing international counseling on online behavioral advertising and other uses of online tracking