FacultyFaculty/Author Profile

Michael Mallow

Loeb & Loeb LLP

Los Angeles, CA, USA


Michael Mallow heads Loeb & Loeb’s Consumer Protection Defense Department and is a trial lawyer representing clients in major litigation in a wide variety of areas including unfair competition, false and deceptive advertising, business torts, entertainment and intellectual property. His clients include automobile manufacturers, automotive parts and service retailers, credit card processors, list managers, debt settlement companies, catalogue clubs, Internet sales and marketing companies, dietary supplement/functional food manufacturers/ retailers, health and beauty manufacturer/retailers, wireless carriers, gift/rebate/stored value card providers, telemarketers, and entertainment producers. Mr. Mallow is also the State Bar of California’s outside counsel on issues related to its member programs.

Mr. Mallow has defended consumer protection actions and investigations initiated by the Federal Trade Commission, United States Department of Justice, Consumer Product Safety Commission and Federal Communications Commission; the California Attorney General, Department of Corporations, Department of Real Estate and the State Licensing Board; the San Francisco, San Bernardino, Stanislaus, Monterey, Santa Clara, Fresno and Orange County District Attorneys; as well as enforcement agencies in Florida, Indiana, Iowa, Michigan, Minnesota, North Carolina, North Dakota, Pennsylvania and Vermont. Mr. Mallow defended the FTC's first prosecution of the National Do-Not-Call registry and was lead trial counsel in a dietary supplement case prosecuted by the FTC under Section 5 of the FTC Act.

Mr. Mallow has defended consumer class and regulatory actions based on the following state and federal laws and regulations: Federal Trade Commission Act, Fair Credit Reporting Act, Magnuson-Moss Warranty Act, Gramm-Leach-Bliley Act, Telephone Consumer Protection Act, Telemarketing Sales Rule, Truth-in-Lending Act, Fair Debt Collection Practices Act, Racketeering Influenced and Corrupt Organizations Act (RICO), California False Advertising Law (Business & Professions Code 17500), California Unfair Competition Law (B&P 17200), California Consumer Legal Remedies Law, California Song-Beverly Consumer Warranty Act, California Song-Beverly Credit Card Act of 1971, District of Columbia Consumer Protection and Procedures Act and the Indiana Deceptive Practices Act.

In addition to his litigation practice, Mr. Mallow regularly counsels clients on marketing and advertising issues and has particular experience in the automotive, debt negotiation, dietary supplement, telemarketing, electronic mail marketing, Internet, and lead generation industries. He also speaks and counsels companies on preparing for supervision and regulation by the new Consumer Financial Protection Bureau (CFPB), created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

Mr. Mallow serves as a volunteer prosecutor for the Los Angeles City Attorney’s office and the Burbank City Attorney’s office under the Los Angeles County Bar's Trial Advocacy Program.

Practice Areas

 

  • Litigation
  • Consumer Protection Defense and Unfair Competition
  • Advertising and Promotions
  • Employment and Labor
  • Marketing and Advertising Regulatory
  • White Collar Criminal Defense, Corporate Compliance and Investigations
  • Advanced Media and Technology
  • Consumer Financial Protection Bureau Task Force

 

 Prior Experience

 

Prior to joining the firm, Mr. Mallow was a litigation partner at Kirkpatrick & Lockhart Nicholson Graham LLP from 1998 to 2006.

Representative Experience

Public Government Litigations

  • Represented publicly-held licensing company in an investigation and action filed by the Federal Trade Commission alleging the company violated provisions of the Children’s Online Privacy and Protection Act ("COPPA")
  • Defended a variety of clients in the Internet marketing and software, debt settlement, nutritional supplements, payment processing and catalogue shopping industries in Federal court cases alleging the marketing of clients' products and services violated Section 5 of the FTC Act.
  • Represented Internet marketing clients in Federal Court Declaratory Judgment Act case filed against FTC alleging that the FTC’s demand for monetary relief from clients is not authorized under Section 13(b) of the FTC.
  • Represented payday loan clients in administrative action and consent decree before the Federal Trade Commission alleging that clients pay day loan marketing violated the Truth in Lending Act, and Regulation Z.
  • Defended residential mortgage clients in Federal Court action filed by the United States Department of Justice on behalf of the FTC seeking civil penalties related to alleged violations of the National Do-Not-Call Registry and the Federal Telephone Consumer Protection Act.
  • Defended debt settlement clients in response to administrative subpoena, administrative proceeding and subsequent writ of administrative mandate and appeal related to alleged violations of California’s prorater law.
  • Defended national arbitration provider client in action brought by the City of San Francisco alleging client’s consumer arbitration business violates California’s Unfair Competition Law (B&P Code Section 17200).
  • Defended a group of individuals and their now defunct companies in the Federal Trade Commission's first prosecution under the National Do-Not-Call registry. The FTC also alleged the individuals and their companies, misrepresented their businesses, failed to disclose material information to consumers in violation of Section 5 of the FTC Act and failed to provide adequate privacy disclosures in violation of the Gramm-Leach-Bliley Act

 

Class Action Litigations

 

  • Defended national automotive parts retailer in putative class action alleging client was part of a telemarketing campaign that utilized automated dialers and prerecorded messages in violation of the Federal Telephone Consumer Protection Act.
  • Defended automobile manufacturer clients in putative class actions alleging false and misleading marketing regarding fuel economy, headlight systems, fuel tanks, braking systems, and low-profile tires in violation of California’s Consumer Legal Remedies Act and Unfair Competition and False Advertising Law (B&P Code Sections 17200 and 17500).
  • Defended athletic association in putative class action alleging that the client’s ticket distribution process constituted an unlawful lottery in violation of Federal civil RICO law, California’s Unfair Competition Law and Indiana’s Deceptive Trade Practices Act.
  • Defended national automotive parts retailer in putative class action alleging that client’s return procedures violated California’s Song-Beverly Credit Card Act of 1971.
  • Defended a variety of clients, including wireless telecommunication carriers, nutritional supplements companies, consumer electronics manufacturers, vending machine distributors, coin grading companies and others in putative class actions alleging false and misleading marketing in violation of California’s Unfair Competition and False Advertising Laws (B&P Code Sections 17200 and 17500).
  • Defended residential mortgage lenders in putative class actions alleging violations of the Federal Fair Credit Reporting Act, the Federal Truth in Lending Act and Real Estate Settlement Procedures Act, and California's Unfair Competition Law and Consumer Remedies Act.
  • Defended a group of companies who were sued in a putative class action filed in the District of Columbia Superior Court alleging the companies' initiation of pre-recorded voice mail messages violated the Federal Telephone Consumer Protection Act and the District of Columbia's Consumer Protection and Procedures Act.

Published Cases

 

  • FTC v. EDebitPay, LLC, et. al., No. 11-55431, slip op. (9th Cir. Aug. 28, 2012)
  • Winzler v. Toyota Motor Sales, USA, Inc. et. al., 110CV00003 681 F3d 1208
  • Diana Mey v. The Pep Boys, et. al., ___ S.E.2d __, 2011 WL 4537321 (W. Va. September 29, 2011)
  • George v. National Collegiate Athletic Association, 945 N.E.2d 150 (Ind. 2011) George v. National Collegiate Athletic Association, ___ F.3d __ (7th Cir. July 16, 2010)
  • Federal Trade Commission v. Neovi, Inc., ___ F.3d ___ (9th Cir. May 14, 2010)
  • People ex rel. DuFauchard v. U.S. Financial Management, Inc. (2009) 169 Cal.App.4th 1502
  • Nationwide Asset Services, Inc. v. DuFauchard (2008) 164 Cal.App.4th 1121

Publications/Speeches

 

  • Author, D.C. Court Holds President's Recess Appointments "Constitutionally Invalid," Raising Questions About CFPB's Exercise of Authority Over Small Banks and Non-Banks (January 2013)
  • Author, FTC's Year-End Report to Congress on Debit Card Transaction Rules Outlines Agency's Enforcement and Education Initiatives (January 2013)
  • Contributor, Watch Out for Shareholder Suits Spawned by CFPB Settlements, American Banker (January 17, 2013)
  • Author, The Ninth Circuit Amends TCPA Opinion in Meyer v. Portfolio Recovery Associates and Provides Relief to Debt Collection Industry (January 2013)
  • Author, Are You Prepared for the New TCPA Changes Effective January 14, 2013? (January 2013)
  • Author, Déjà Vu All Over Again: California Federal Court Finally Tells Merchants When They Can Ask Consumers for Personal Information - But Will the California Supreme Court Agree? (December 2012)
  • Author, CFPB and Justice Department Agree to Coordinate Fair Lending Enforcement Efforts (December 2012)
  • Author, CFPB Brings First Joint Enforcement Action With States Against Payday Loan Debt Relief Company (December 2012)
  • Author, California AG Files First Suit for Alleged Mobile App Privacy Policy Violations (December 2012)
  • Speaker, The CFPB Company Portal — It’s Your Company’s Radar (December 5, 2012)
  • Author, FCC Rules Texts Confirming Opt-Out Do Not Violate TCPA (December 2012)
  • Author, California Case Underscores Importance of Arbitration Choice-of-Law Provisions (November 2012)
  • Author, CFPB Announces Rule for Overseeing Largest Players in Debt Collection Market (November 2012)
  • Author, Ninth Circuit Holds That Best Buy's "Dual Purpose" Calls Regarding Its Rewards Program Violates TCPA (November 2012)
  • Author, Ninth Circuit Takes Narrow View of Prior Express Consent in Debt Collection Case (November 2012)
  • Author, FTC Focuses on Data Collection and Consumer Privacy: Settles Charges with Data Analytics Company and Announces Workshop on Consumer Data Collection (October 2012)
  • Speaker, American Fair Credit Council Fall Conference (October 14-16, 2012)
  • Author, FTC Cracks Down on Illegal Telemarketing in Debt Relief Scheme and Issues Agenda for Robocall Summit (October 2012)
  • Speaker, August 2012 Consumer Protection Update, ABA Section of Antitrust Law Consumer Protection Committee (September 21, 2012)
  • Co-author, The CFPB Company Portal — It’s Your Company’s Radar, Law360 (September 17, 2012)
  • Author, New York State Passes Bill That Applies Its Telemarketing Laws to Out-Of-State Telemarketers and Adds New Requirements for Prerecorded Messages (September 2012)
  • Author, CFPB Proposes New Rules Governing Servicing of Consumer Mortgage Loans (August 2012)
  • Author, CFPB Announces Rules Governing Investigations (August 2012)
  • Author, California Establishes Centralized Privacy Unit for Enforcement and Education (August 2012)
  • Author, CFPB Files First Public Enforcement Action Against California Loan Modification Operation (July 2012)
  • Author, CFPB's First Enforcement Action Yields Valuable Marketing Guidance for Financial Services Companies (July 2012)
  • Author, Advertiser Not Liable under TCPA Unless It Controls Manner and Means of Text Message Campaign (July 2012)
  • Author, "When Did You Last Think About Your Privacy Policy?" FTC and Class Action Plaintiffs Take Aim in Data Breach Actions (June 2012)
  • Speaker, Achieving Compliance-Readiness: Be Prepared Before Trouble Knocks at Your Door! (June 14, 2012)
  • Author, Second Circuit Refuses to Review Decision That Class Action Waiver in Arbitration Agreement is Unenforceable (June 2012)
  • Author, CFPB Proposes New Procedural Rules for Nonbank Supervision (June 2012)
  • Author, CFPB Initiates Rulemaking, Seeks Information on Reloadable Prepaid Cards (May 2012)
  • Author, CFPB Seeks Input on Study of Mandatory Arbitration Clauses (May 2012)
  • Speaker, "’Thank You for Your Complaint!’ How to Use Consumer Feedback to Prepare for or Avoid Regulatory Intervention," American Fair Credit Council Spring Conference (April 22-24, 2012)
  • Author, CFPB Issues Proposed Rule Defining Larger Participants in Debt Collection, Credit Reporting Markets (March 2012)
  • Author, CFPB and FTC to Coordinate on Oversight of Financial Products and Services (February 2012)
  • Author, Recent Lawsuits "Shine the Light" on California Consumer Protection Law (January 2012)
  • Author, It Starts! CFPB Announces Implementation of its Nonbank Supervision Program (January 2012)
  • Co-author, Forecasting the Path of the Consumer Financial Protection Bureau (December 2011)
  • Author, How Does the Senate Vote Affect the CFPB? (December 2011)
  • Speaker, Loeb & Loeb IP/Entertainment Law Conference, Los Angeles, California (October 5, 2011)
  • Author, New Dodd-Frank Act Rules Cap Debit Card Fees, Increase Consumer Choices (October 2011)
  • Author, California Amends Its Security Breach Law and German Privacy Agency Limits Social Media Marketing by Businesses (September 2011)
  • Speaker, Evolution 2011 Debt Relief Conference (August 21-23, 2011)
  • Author, President Nominates Former Ohio Attorney General to Serve as Director of Consumer Financial Protection Bureau (July 19, 2011)
  • Speaker, ACI 2nd Annual Forum on Litigating and Resolving Advertising Disputes, New York, New York (June 21-22, 2011)
  • Speaker, Advanced Media and Technology Webinar Series - The Latest Legal Developments in Privacy, Data Collection and Security (June 16, 2011)
  • Co-author, Consumer Privacy: In the Matter of Google Inc., e-commercelawreports, Volume 11, Issue 2 (May 2011)
  • Author, U.S. Supreme Court Overturns Ban on Class Action Waivers in Arbitration Clauses (April 28, 2011)
  • Author, New California Debt Settlement Bill Would Limit Fees To No More Than 15% Of Consumer Savings (March 2011)
  • Author, New Model Consumer Privacy Notices Provide Safe Harbor (December 2010)
  • Author, Eighth Circuit Holds Consumer Payments To Debt Settlement Company Not Avoidable In Bankruptcy Where "Reasonably Equivalent Value" Was Provided (December 2010)
  • Speaker, 2010 Debt Settlement Leadership Conference, Las Vegas, Nevada (October 10-12, 2010)
  • Speaker, Mastering the Deposition: An Interactive Workshop, Los Angeles, California (September 17, 2010)
  • Author, In Search of Exceptions to the FTC’s Amended Telemarketing Sales Rule - Don’t Put Your Neck in a Loophole! (August 2010)
  • Author, State Law Update: Kentucky Amends Existing Debt Adjuster Law To Cover Debt Settlement Providers (August 2010)
  • Co-author, The New Consumer Financial Protection Bureau: How Will It Affect U.S. Businesses? (August 2010)
  • Author, New FTC Rule Bans Debt Relief Providers From Charging Advance Fees (July 29, 2010)
  • Co-Author, "Hid[ing] Elephants in Mouseholes": the FTC’s Unwarranted Attempt to Regulate the Debt-Relief-Services Industry Using Rulemaking Authority Purportedly Granted by the Telemarketing and Consumer Fraud and Abuse Prevention Act, Texas Review of Law & Politics (July 23, 2010)
  • Author, 2010 State Law Update: New Debt Settlement Laws Become Effective In Three States on July 1, 2010 (July 2010)
  • Author, New Indiana Law Applies "Credit Services Organization" Provisions to Debt Settlement (June 2010)
  • Author, California's AB 350 Amended to Eliminate Fee Restrictions (June 15, 2010)
  • Speaker, USOBA 2010 Summer Conference, Palm Beach, Florida (June 6-8, 2010)
  • Panelist, Bridgeport Class Action Seminar, In re Tobacco II and The Impact of Proposition 64 on Class Certification of UCL Claims, Los Angeles, California (April 22-23, 2010)
  • Panelist, Bridgeport Class Action Seminar, Defense Counsel Roundtable – Should Remedial Steps be Taken at the Onset of Litigation? If so, what is the Impact on the Defense, Los Angeles, California (April 22-23, 2010)
  • Author, Updated Summary of Proposed California Debt Settlement Act (AB 350) (April 2010)
  • Author, California’s Proposed Debt Settlement Legislation Undergoes Extensive Amendments (April 2010)
  • Speaker, PMA Marketing Law Conference 2009, Chicago, Illinois (November 6, 2009)
  • Speaker, USOBA 2009 Winter Conference, Dallas, Texas (November 5, 2009)
  • Panelist, FTC's Telemarketing Sales Rule - Debt Relief Rulemaking Forum, Washington, D.C. (November 4, 2009)
  • Speaker, USOBA Sales Compliance Conference Call: Website Marketing (October 14, 2009)
  • Speaker, September 2009 Consumer Protection Update, ABA Section of Antitrust Law Consumer Protection Committee (October 13, 2009)
  • Speaker, West Legalworks: The Compliance Notebook: Your Best Defense When the Regulators Come Calling (October 12, 2009)
  • Speaker, Bridgeport Continuing Education: Mastering Deposition Skills, Depositions Live! – a Live Demonstration (September 24, 2009)
  • Speaker, MSTARS, LLC Webinar: FTC Telemarketing Sales Rule Proposed Amendments Training (September 3, 2009)
  • Panelist, Class Action Arbitration Waivers Under Attack: Drafting and Defending Employment and Consumer Arbitration Waivers (July 7, 2009)
  • Co-author, Your Best Defense When The Regulators Come Calling, United States Organization For Bankruptcy Alternatives "The Bottom Line" Newsletter (July 2009)
  • Speaker, USOBA 2009 Summer Conference, Chicago, Illinois (June 7-9, 2009)
  • Co-author, Debt Settlement Law Progresses in California Legislature (June 2009)
  • Author, Why Celebrity Endorsers Should Watch What They Say, Advertising Age Magazine (May 25, 2009)
  • Moderator, Eighth Annual Class Action Litigation Conference, Los Angeles, California (April 29-30, 2009)
  • Speaker, ACCA-SoCal Program: How Companies Which Advertise Can Protect Themselves Against Claims, Los Angeles, California (November 19, 2008)
  • Speaker, USOBA 2008 Winter Conference, San Diego, California (November 9-11, 2008)
  • Speaker, Consumer Protection and the Debt Settlement Industry, Washington, DC (September 25, 2008)
  • Speaker, Regulatory Summit for Advertisers and Marketers, Washington, DC (June 16-18, 2008)
  • Author, Class Action Waivers in Consumer Contracts and Employment Agreements in California, California Litigation, Vol. 21, No 1 (May 2008)
  • Panelist, E-Summit, San Francisco, California (April 23-24, 2008)
  • Author, Proposition 64: Striking a Balance (Briefly) in 2006, Andrews Litigation Reporter (November 2006)
  • Author, Courts Get Muddled on What's 'Unfair' in Consumer Actions, Los Angeles Daily Journal (April 5, 2006)

Media Mentions

 

  • Two Alleged Mortgage Scams Using U.S. Government Logos Shut Down By Carter Dougherty, Bloomberg News
  • Ad Guidance Will Keep Social Media Cos. on FTC's Good Side By Allison Grande, Law360
  • CFPB Springs Into Action By Jaclyn Jaeger, Compliance Week
  • New Consumer Agency Targets Lawyer in First Suit By Don J. DeBenedictis, Daily Journal
  • California Law Firm Targeted in CFPB's First Loan Modification Suit By Maria Chutchian, Law360
  • 4 Tips for Avoiding the Eye of the CFPB By Allison Grande, Law360
  • Consumer Protection Cases To Watch In 2012 By Allison Grande, Law360
  • Consumer Protection Policy, Legislation To Watch In 2012 By Erin Fuchs, Law360
  • Toyota Pushes For Arbitration In Defective Brake MDL By Zach Winnick, Law360
  • Light Bulb Co. Wants FTC Sanctioned In False Ad Suit By Bibeka Shrestha, Law360
  • Judge Axes $5M In Attys' Fees From Toyota Headlight Suit By Derek Hawkins, Law360
  • Judge Slashes 'Highly Unreasonable' Fee Request in Prius Headlight Case By Amanda Bronstad, The National Law Journal
  • Judge Stalls Prius Headlight Settlement, Citing 'Big Problem' with Fees By Amanda Bronstad, The National Law Journal
  • Advance-fee Ban a Nightmare for Tax Debt Relief Industry, According to Independent Web Site easy IRS.com SFGate.com
  • Seventh Circuit Reverses Course on NCAA Ticket-Distribution Decision By Victor Li, The Am Law Daily
  • The Gloves Are Off: More Marketers Opt for Attack Ads By Emily Bryson York, Advertising Age Magazine
  • Yogurt Maker Sued for Claims By Alana Semeuls, Los Angeles Times
  • Credit Cos. Target Retailers' Security Holes By Julius Melnitzer, InsideCounsel Magazine
  • Debit Card Duplicity By Elizabeth N. Brown, AARP Bulletin
  • Response to FTC Proposed Principles By Ellen Keohane, DMNews
  • EDebitPay Resumes Some Business After FTC Action By Prepaid Media Staff, PayBefore.com
  • To SAG, Product Placements are a Sore Spot By Carl DiOrio, Backstage.com
  • Gaining from Loss By Anne Riley-Katz, Los Angeles Business Journal
  • Public Relations Executive May Have Fumbled Own Campaign By Joel Russell, Los Angeles Business Journal

 

Affiliations

  • Member, Antitrust & Unfair Competition Section, State Bar of California
  • Member, Los Angeles County Bar (2007-Present)
  • Board of Directors, Inside Out Community Arts (2000-2008)
  • Member, Association of Business Trial Lawyers (2004-2006)
  • Riordan Volunteer Leadership Development Program (December 2000)


Distinctions

 

  • Named "Privacy & Consumer Protection MVP" by Law360 (2012)
  • Named "BTI Client Service All-Star" by BTI Consulting Group (2012)
  • Named in "Southern California Super Lawyers" in Class Action/Mass Torts, Business Litigation and Civil Litigation Defense, a Thomson Reuters business (2005-2013)
  • Named in Chambers USA, America's Leading Lawyers for Business, in California Litigation: General Commercial, (2012 edition)
  • Named in The Legal 500 US in Marketing and Advertising, published by Legalease Limited and John Pritchard (2012 edition)
  • Highest "AV Preeminent (5 out of 5)" Professional Rating, Martindale-Hubbell Law Directory
  • Recipient, President's Volunteer Service Award from the President's Council on Service and Civic Participation
  • "Top 20 Under 40," Daily Journal (2005)
  • Rising Star, Southern California Super Lawyer, Los Angeles magazine (2004)

Education

 

George Washington University Law School, J.D., 1991, With Honors
Associate Editor, The George Washington Journal of International Law and Economics
State University of New York at Binghamton, B.A., 1988

 

Bar Admissions

 

California
District of Columbia
Maryland
New Jersey

Court Admissions

 

California State Supreme Court
U.S. Court of Appeals, District of Columbia Circuit
U.S. Court of Appeals, Maryland Circuit
New Jersey State Supreme Court
Civil Court of the City of New York, Queens
Oklahoma District Court, Wagoner County

Clerkships

 

Law Clerk, Honorable Steffen W. Graae, District of Columbia Superior Court
Law Clerk, Honorable Rufus King, III, District of Columbia Superior Court

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