On April 4, 2022, the U.S. Department of Justice (DOJ) Civil Division's Consumer Protection Branch (CPB) released its first-ever annual "recent highlights" report. The report describes the CPB's accomplishments from October 2020 through December 2021 and gives some insight into the enforcement trends companies can expect in the future as CPB's enforcement activities continue to ramp up.
The CPB has both civil and criminal authority that its nearly 100 attorneys exercise through criminal prosecutions and civil enforcement actions across several subject areas, including violations of consumer health, safety, economic activity, and identity integrity laws and regulations.
The full text of the report is available here. We provide some of the high-level takeaways below:
Conclusion
The CPB has more than tripled in size over the last several years, and this report reinforces CPB's ongoing desire to aggressively use its enforcement mechanisms. As the report demonstrates, it is an active partner in filing cases based on investigations conducted by the FTC and other agencies. Where, for example, the FTC seeks to resolve investigations involving civil penalty matters, companies may need to engage in negotiations with both the FTC and the DOJ as civil penalty matters must be referred to the DOJ before they can be filed. Companies operating in areas subject to the CPB's enforcement authority should take steps to become familiar with its powers, processes, and procedures.
For advice and assistance about these matters, contact Chris Olsen, Lydia Parnes, Maneesha Mithal, or another member of Wilson Sonsini's privacy and cybersecurity practice.