Clayton S. Friedman is head of the firm’s State Attorneys General practice, a team that advises clients on consumer protection enforcement matters and other regulatory issues. Based out of the firm’s Orange County office, Clay is nationally recognized by Chambers USA for AG Government Relations and Best Lawyers in Advertising. Frequently sought out by companies operating within industries that are subject to heightened governmental regulations and enforcement actions, Clay provides his clients with a valuable understanding of how to approach enforcement actions, as well as how to avoid them.
Informed by nearly a decade in a State Attorneys General office, and over 25 years in private practice, Clay spends much of his time representing clients in singular or multistate regulatory actions. Clay has repeatedly led teams before all 50 state attorneys general – Clay also handles matters with the Federal Trade Commission, the Consumer Financial Protection Bureau, and other local, state and federal agencies. His work focuses on matters involving advertising, marketing, consumer finance, privacy, and related regulatory issues. Clay also provides clients with day-to-day advice on consumer protection regulatory issues, which is informed by his frequent attendance at Attorneys General association meetings.
Prior to entering private practice, Clay held various positions in the Office of the Attorney General, State of Missouri, including assistant deputy attorney general and Kansas City regional office manager. He was lead counsel for numerous states in multistate enforcement actions, including nationwide settlements with major automotive repair and manufacturing corporations, credit reporting agencies, and national retailers. As an assistant attorney general, Clay earned the association’s Marvin Award, presented each year to the individual who has demonstrated "outstanding leadership, expertise and achievement in advancing the goals of the association." Clay previously served as chief counsel and director of business regulation for the National Association of Attorneys General in Washington, D.C.
Representative Matters
- A major automotive manufacturer in a large multistate matter involving the manufacturing of certain parts.
- A telecom company in connection with a multistate enforcement investigation into an entire industry segment.
- An online clothing and shoe retailer in connection with a large multistate investigation into advertising, pricing, and related issues.
- An international manufacturing company in a multistate investigation involving safety and advertising issues.
- A publishing company in connection with a state investigation into its subscription sales.
- A leading on-line gaming retailer in connection with an FTC mail-order rule investigation. The issue related to technical operational issues resulting in delays. The matter was complicated by priority issues provided to influencers.
- An internationally based media company concerning a state investigation into its door-to-door sales structure.
- A media-based service provider in connection with a state investigation into its product and fees.
- A broadcast satellite service provider in a two-year, nationwide consumer protection investigation brought against the client and other satellite TV providers. While 49 states agreed to the initial settlement, the state of Washington held out, alleging that the client had violated the state’s consumer protection statute in connection with its advertising and related practices. Through aggressive litigation, the case was settled on virtually identical terms as the multistate settlement.
- Multiple clients to settle a multistate regulatory inquiry launched by 47 states and the District of Columbia. These clients run discount clubs and membership programs offering a variety of services, such as credit monitoring, roadside assistance, and discounted travel. The complaints against the company alleged that consumers were misled into signing up and paying for its services.
- An American broadcasting company in connection with a consumer protection matter by 47 states related to advertising, auto-renew subscriptions, and similar customer service issues.
- A for-profit education services company in connection with a settlement with the Iowa Attorney General regarding marketing and financing of the company’s higher education programs.
- An installment credit company against the FTC based on allegations that the company failed to disclose all of the terms and conditions of its computer sales program. This resulted in a successful settlement negotiation.
- A national fitness center chain in connection with an investigation under the Texas Unfair and Deceptive Acts and Practices statute and health club law relating to debt collection and renewal practices. The Texas attorney general alleged that the company had mailed misleading “past due” notices to former members to encourage them to rejoin the gym. We negotiated a favorable settlement on the client’s behalf.
- A ticket sales and distribution company in connection with an investigation by numerous state attorneys general relating to the company’s resale ticketing practices. Successfully negotiated a settlement of these investigations which preserved client’s resale ticketing model.
- Several membership service companies in individual and multistate actions relating to negative option marketing, telemarketing, and the use of pre-acquired account information.
- One of the nation’s largest mortgage lenders in concluding a matter that involved 49 state attorneys general and nearly 30 other state agencies from across the country.
- A broadcast satellite service provider in a 25-state investigation involving advertising and related marketing practices.
- A dozen companies in more than 50 separate, state Do Not Call investigations.
- A national fitness center chain in over a dozen separate state attorney general matters, typically involving both advertising and consumer finance issues.
- A company in responding to over 15 state inquiries in connection with consumer protection matters relating to ticket purchases for a pop artist’s national tour. These matters were significant in that the company was not required to enter into a formal settlement with any of the state investigations.
- A transmission repair franchise in completing an investigation with the New Jersey attorney general. The matter was particularly successful in that the state did not require the payment of any costs, fees, or restitution.
- A for-profit post-secondary education company in concluding a matter with the California attorney general. When we became involved several years after the investigation started, the attorney general was threatening to initiate suit in the next several days. We were able to significantly contain this matter and reach a comprehensive settlement within weeks.
Affiliations
Admitted to practice: Missouri, Illinois, and California
Professional Activities and Memberships
- American Bar Association
- Consumer Protection Committee, ABA, Vice Chair (1991-1993)
Speeches & Presentations
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"Help: A Single Inquiry from a State AG Has Become a Multistate Investigation," ANA Marketing Law Conference
(November 12, 2020).
Panelists: Clay Friedman, Natalie Ludaway, Paul Singer, Ben Wiseman.
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"Assessing State Anti-Price Gouging Laws," Conference of Western Attorneys General (CWAG) 2020 Annual Meeting Webinar
(July 16, 2020).
Panelist: Clayton S. Friedman.
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"Pricing Items in an Anti-Price Gouging World," Crowell & Moring Webinar
(June 2, 2020).
Presenters: Clayton S. Friedman, Holly A. Melton, Natalie O. Ludaway, and Michael Yaghi.
Publications
Client Alerts & Newsletters
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"California Recyclability Labeling Scrutiny Poised to Increase Retailers’ Liability Risk,"
Retail Law Alert
(January 10, 2022).
Contacts: Clayton S. Friedman, Michael Yaghi, Christopher A. Cole, Suzanne Trivette
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"Consumer Financial Protection Bureau Ramps Up Consumer Protection Oversight Under Biden Administration,"
Administrative Law Alert
(February 9, 2021).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"New York Significantly Toughens Laws on Automatically Renewing and Continuous Contracts,"
Advertising & State AG Alert
(January 5, 2021).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"New York Law Forbids Gendered Pricing,"
Advertising & State AG Alert
(November 19, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"California Attorney General Begins Enforcement of CCPA Even Ahead of Regulations’ Approval,"
Advertising & State AG Alert
(August 18, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorneys General Target Unsupported Medical Treatment Claims,"
Advertising & State AG Alert
(July 24, 2020).
Contacts: Lauren Aronson, Clayton S. Friedman, Holly A. Melton, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorney General’s Office Achieves Victory on Maine Broadband Privacy Law,"
Advertising & State AG Alert
(July 17, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorneys General Are on the Watch for COVID-19 Related Scams,"
Advertising & State AG Alert
(July 7, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Pricing in an Anti-Price Gouging World,"
Advertising & State AG Alert
(May 27, 2020).
Contacts: Clayton S. Friedman, Holly A. Melton, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Consumers Hold Businesses Accountable During the COVID-19 Crisis,"
Advertising & State AG Alert
(May 27, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorneys General Turn their Focus to Consumer Credit and Mortgages,"
Advertising & State AG Alert
(May 4, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Will State Attorneys General Pursue Enforcement Demanding COVID-19 Refunds for Consumers?,"
Advertising & State AG Alert
(April 28, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Attorneys General Press the Federal Government to Protect Consumers' Relief Checks Under the CARES Act,"
Advertising & State AG Alert
(April 20, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"State UDAP Laws are a Treasure Trove of Civil Penalties for Price Gouging,"
Advertising & State AG Alert
(April 15, 2020).
Contacts: Clayton S. Friedman, Joselle Albracht, Michael Yaghi, Suzanne Trivette
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"Force Majeure and Reference Pricing are Concepts Businesses Need to Think About During the COVID-19 Crisis,"
Advertising & State AG Alert
(April 13, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Businesses Face Price Gouging Concerns Amid COVID-19 Crisis,"
Advertising & State AG Alert
(March 31, 2020).
Contacts: Holly A. Melton, Christopher A. Cole, Clayton S. Friedman, Suzanne Trivette
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"Does Recent Guidance from State Attorneys General on Consumer Losses Signal Future Enforcement Actions?,"
Advertising & State AG Alert
(March 31, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"State Attorneys General Update: COVID-19 Crisis,"
Advertising & State AG Alert
(March 27, 2020).
Contacts: Clayton S. Friedman, Michael Yaghi, Joselle Albracht
Media Mentions
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Customers Complain of Price Gouging, Posing Regulatory Risk Amid State and Federal Calls to Examine Consumer Energy Costs
January 11, 2022 — The Capitol Forum
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White House Could Shake Up Auto Finance
March 6, 2021 — Automotive News
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Crowell & Moring Chair Seeks Strategic Growth After ‘Good Year’
February 8, 2021 — Bloomberg Law
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As State AGs Rush Into Policy Battles, Big Law Is Seizing The Opportunity
October 22, 2020 — American Lawyer
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Crowell Expands State AG Practice With Orange County Hire
March 12, 2020 — Daily Journal
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Crowell & Moring Expands State AG Group With Former DC Official
March 10, 2020 — Bloomberg Law
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Attorneys, Generally
March 2020 — Orange County Business Journal
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Crowell & Moring Creates AG Enforcement Defense Practice
January 17, 2020 — Daily Journal
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Crowell Launches State AG Practice With Sidley Partner As Lead
January 16, 2020 — American Lawyer
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Crowell & Moring Adds AG Group As Firms Expand State Expertise
January 16, 2020 — Bloomberg Law
Firm News & Announcements