Kim Phan writes and speaks frequently about privacy and data security issues for a variety of industries, including consumer financial services, retail, hospitality, higher education, and utilities. Ms. Phan counsels clients on privacy and data security law in areas including the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), and other federal and state privacy and data security statutes and regulations. Her work in this area encompasses strategic planning and guidance for companies to incorporate privacy and data security considerations throughout product development, marketing, and implementation. Ms. Phan also assists companies with data breach prevention and response, including establishing effective data security programs prior to a breach and the assessment of breach response obligations following a breach.
Ms. Phan has also done extensive e-commerce and mobile counseling with clients, including adapting an augmented reality mobile game for a retail client, conducting online behavioral advertising assessments of websites in order to update and enhance website privacy policies, and establishing employee training on social media interactions with consumers.
Ms. Phan’s practice also focuses on providing guidance to clients on regulatory compliance matters, including supervisory and enforcement interactions with the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). She has successfully represented multiple national companies through the FTC investigatory process, resulting in “no-action” letters. She has also counseled a national consumer reporting agency through its CFPB compliance obligations, including conducting risk assessments of consumer products and services, updating policies and procedures, and establishing an audit process to assess compliance with federal consumer financial laws.