District of Columbia
U.S. Supreme Court
U.S. District Court for the District of Columbia
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the District of Maryland
U.S. District Court for the Central District of Illinois
- J.D., Wake Forest University School of Law, 2003
- B.A., Johns Hopkins University, 2000
American Bar Association, Section of Antitrust Law, Consumer Protection Committee, Vice Chair
American Bar Association, Section of Antitrust Law, Advertising Disputes & Litigation Committee, Vice Chair, 2012-2013; Young Lawyer Representative, 2010-2012
Capital Area Immigrants' Rights (CAIR) Coalition, Board Member
Johns Hopkins University, Blue Jays Unlimited, Board of Advisors
Daniel S. Blynn
A member of Venable's national Advertising and Marketing Practice, Dan Blynn focuses his practice on false advertising litigation and complex consumer class actions in both federal and state courts. He also represents clients in advertising substantiation investigations and inquiries from the Federal Trade Commission (FTC) and state Attorneys General, and provides counseling on a variety of advertising and telemarketing-related matters.
Mr. Blynn has represented a wide range of clients including trade associations, Fortune 100 companies, a national fast-food chain, numerous dietary supplement companies, energy companies, home security companies, and a number of other large and small businesses in false advertising litigation brought under the FTC Act, Lanham Act, and state consumer protection laws. He also defends putative consumer class actions seeking certification of nationwide and statewide classes. Additionally, Mr. Blynn has significant experience with electronic discovery and has successfully argued in favor of narrowing of civil discovery and investigative demands from regulators.
Mr. Blynn also provides ongoing counsel regarding advertising substantiation; native advertising and "green" marketing issues; "Made in USA," "up to" and other types of claims; disclosures in new media; third-party consumer, celebrity and expert endorsements; compliance and related issues under the Telemarketing Sales Rule (TSR), Telephone Consumer Protection Act (TCPA), and state telemarketing laws; and telephone call monitoring and recording practices. In addition, Mr. Blynn has represented companies in Terminated Merchant File/MATCH list matters.
In addition, Mr. Blynn has served as a vice-chair of the American Bar Association's (ABA) Consumer Protection Committee since 2013, and served in the same capacity on the ABA's Advertising Disputes & Litigation Committee for several years before that. Mr. Blynn also served on the Editorial Board for the TCPA Law Reporter, which summarized recent articles, briefs, court decisions, and FCC petitions and rulings relating to the Telephone Consumer Protection Act.
False Advertising, Consumer Class Actions & Complex Litigation
Telemarketing Litigation and Contested Matters
- Defending passive debt buyer in separate class action and individual action pending in Massachusetts federal court, alleging technical violations of Massachusetts and federal debt collection statutes.
- Ongoing representation of several energy supply companies in separate consumer class actions pending in New York, Connecticut, and Pennsylvania federal courts, alleging violations of state consumer protection and false advertising laws arising out of the suppliers' respective variable rate advertising and marketing practices.
- Sterling Jewelers Inc. v. Zale Corp., No. 5:12-cv-02823 (N.D. Ohio)
Represented Sterling Jewelers, the largest specialty retail jeweler in the United States, in a false advertising action brought under the Lanham Act and Ohio state law, challenging a competitor's claim that one of its brands of diamonds was "the most brilliant diamond in the world," resulting in confidential settlement described by trade press as "a victory for Sterling."
- Represented an international manufacturer in several consumer class actions and a private attorney general suit challenging advertising and marketing claims (including "clinically proven" claims) for probiotic nutritional supplement drink product following settlement of FTC action. Obtained summary judgment on behalf of the manufacturer in a putative nationwide false advertising consumer class action filed in the U.S. District Court for the District of New Jersey, alleging violations of the New Jersey Consumer Fraud Act, California's Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. In a tag-along class action filed in Florida state court, defeated the plaintiff’s motion to certify a class of Florida purchasers of the defendant’s nutritional supplement drink product in false advertising consumer class action alleging violations of Florida’s consumer protection statute and breach of express warranty. Finally, obtained dismissal of "private attorney general" false advertising action asserting violations of the District of Columbia’s Consumer Protection Procedures Act filed in D.C. Superior Court.
- FTC v. Bronson Partners, LLC, 654 F.3d 359 (2d Cir. 2011)
Represented a dietary supplement company in its appeal in FTC Act litigation. (The appeal related to propriety of granting and measure of restitution only.)
- Hernandez v. Multi Servicios Latinos, No. 2010 CA 009671 B (D.C. Super. Ct.)
Prosecuted and obtained favorable settlement for the plaintiff in the first "notario fraud" false advertising action filed in the District of Columbia, alleging violations of the District of Columbia Consumer Protection Procedures Act against a purported immigration legal services provider and owner.
- Hulme v. Iovate Health Sciences USA, Inc., No. BC391226 (Cal. Super. Ct.)
Defeated the plaintiff's motion for preliminary injunction and obtained a dismissal in a consumer class action case challenging the advertising claims for a dietary supplement company's weight loss product.
- Salcido v. Iomedix Cold Int'l SLR, et al., No. BC 387942 (Cal. Super. Ct.)
Obtained a favorable settlement in a consumer class action challenging advertising claims for a dietary supplement company's cold relief product.
- Thomasson v. GC Services LP, No. 05cv940, 2007 U.S. Dist. LEXIS 54693 (S.D. Cal. July 16, 2007)
Obtained summary judgment on behalf of a defendant-debt collector on all counts in landmark California Invasion of Privacy Act and federal Fair Debt Collection Practices Act class action, arising out of the company’s alleged failure to advise inbound callers that their conversations may be monitored or recorded for quality assurance purposes. Also represented the company on the first appeal before the Ninth Circuit. (Thomasson v. GC Services LP, 321 Fed. Appx. 557 (9th Cir. 2008).
- GMAC Commercial Mortgage Corp. v. Texas Bay Oaks LP, 2005 Tex. App. LEXIS 6857 (Tex. Ct. App. Aug. 24, 2005)
Primary author of amicus curiae brief in support of the defendant challenging the trial court's grant of class certification; Court of Appeals reversed the order certifying the class and remanded.
- Steak n Shake Co. v. Burger King Corp., 323 F. Supp. 2d 983 (E.D. Mo. 2004)
Defeated the applications for a temporary restraining order and preliminary injunction in a case alleging violations of Lanham Act and state trademark and anti-dilution statutes arising out of the client's introduction of a new menu item called "The Angus Steakburger."
- Iovate Health Sciences Int’l, Inc. v. Med. Research Inst., No. 04cv1817 (N.D. Cal 2004)
Obtained favorable settlement of Lanham Act and California state law false advertising claims asserted against a competitor in the dietary supplements industry.
Recent Representation before the Federal Trade Commission and State Attorneys General
- Ongoing representation of telemarketer for charities in putative national class action pending in the U.S. District Court for the Northern District of Illinois, alleging violations of the TCPA's Do-Not-Call provisions.
- Represented mortgage lender in putative national class action in the U.S. District Court for the Eastern District of Louisiana, alleging violations of TCPA's autodialer provision, resulting in a favorable settlement.
- Lead attorney responding to numerous letters sent to sporting goods and athletic wear company alleging TCPA violations and demanding tens of thousands of dollars in pre-suit settlements, resulting in no lawsuits being filed and no settlements being paid.
- Jay Clogg Realty Group, Inc. v. Burger King Corp., No. 8:13-cv-662 (D. Md.)
Defended national fast food chain in TCPA "junk fax" class action.
- Lead attorney in defending against FTC investigations into several home security companies' respective telemarketing practices.
- Lead attorney in petitioning FTC to enjoin television manufacturer from misrepresenting that some of its televisions are "Assembled in the USA" where the televisions incorporated a significant percentage of foreign content and the last substantial transformation did not occur within the United States.
- Lead attorney in defending individual officer against FTC investigation into credit monitoring company's marketing for its "free" access to credit scores offer, resulting in the officer being removed from the complaint and consent order.
- Lead associate in defending against FTC investigation into home alarm company's endorsement and testimonial advertising and marketing practices, resulting in successful settlement.
- Lead attorney in petitioning FTC to enjoin weight-loss company from misrepresenting that a celebrity-endorser used the advertised weight-loss products and program, and achieved dramatic weight loss from the same, resulting in the challenged advertisements to disappear from the market.
- Lead associate in defending against FTC investigation into concussion and other health and safety claims for new and reconditioned football helmets, resulting in closure of investigation.
- Lead associate in defending against FTC investigation into marketing claims for dietary supplements and homeopathic products, resulting in successful settlement.
- Lead associate in defending against FTC investigation into work-boot and footwear manufacturer's "Made in USA" advertising and marketing campaign, resulting in closure of investigation.
- Lead attorney in defending energy supply company in litigations filed by the Pennsylvania Attorney General and other state regulators, challenging the energy suppliers' variable rate advertising, marketing, and pricing practices.
- Lead associate in defending against Florida Attorney General investigation into Internet network's faux news advertising practices.
- Ongoing representation of Guatemalan teenager in removal proceedings and in seeking asylum.
- Prosecuted false advertising claims in a "notario fraud" action brought under the District of Columbia's Consumer Protection Procedures Act.
- Prosecuted deprivation of civil rights action brought under 42 U.S.C. § 1983 against correctional officers at Maryland prison, resulting in favorable settlement.
- Represented individuals from Sierra Leone and the Central African Republic before the Department of Homeland Security resulting in both individuals' applications for asylum being granted.
As an adjunct professor of law at George Washington University Law School, Mr. Blynn taught 1L Legal Research and Writing, and Introduction to Advocacy courses. He also enjoys hiking, is a passionate Arsenal Football Club supporter and trains as a novice boxer.