Consumer Class Actions
Daunting in scope and potential significance, class actions pose financial, reputational, and operational risks to companies in all industries. Whether a class action is threatened or filed, our attorneys draw on extensive knowledge and experience to strategize and implement an appropriate defense strategy.
HOW WE HELP
We have the ability to form integrated teams to defend our clients from coast to coast, whether that means seamlessly conducting discovery in multiple states or defending against “copycat” cases that frequently appear in the wake of initial class action filings.
Our attorneys serve as legal and business advisors to our clients in many industries, including retail, food and beverage, banking, pharmaceutical, consulting, transportation, manufacturing, real estate, medical equipment, computer, and automotive. Our clients frequently call upon us to review and revise company policies and procedures. Such proactive measures can minimize litigation risks and at the same time enhance business operations.
OUR SERVICES
Consumer Fraud. Our class action attorneys defend cases involving, among other things, pricing practices, advertising practices, credit cards, debit cards, gift cards, loyalty programs and call recording practices. Some examples of our experience include cases brought under the State Consumer Fraud and Deceptive Practices Act, Telephone Consumer Protection Act, Song-Beverly Act, qui tam/taxpayer suits, Electronic Funds Transfer Act, privacy statutes, Biometric Information Privacy Act, and the Fair and Accurate Credit Transactions Act.
Consumer Financial Services Litigation. We represent clients in virtually every type of bank and lending litigation, ranging from multi-jurisdictional consumer class actions to commercial loan enforcement to lender liability claims and retail banking matters. We regularly defend against investigations and enforcement actions by federal and state regulators and other governmental authorities.
Food, Beverage and Supplement Labeling and Safety. We assist clients in litigation matters and investigations by regulatory agencies. Our attorneys have in-depth knowledge in a comprehensive range of medical, scientific and other relevant disciplines. We have a network of highly respected scientific and technical experts who can break down complicated ideas and scientific terminology—for presentation to judges and juries.
Biometric Privacy Compliance & Litigation. As regulations around biometric privacy continue to evolve, we advise businesses on compliance with these laws and maintain a robust docket of biometric privacy class action cases. We defend companies in a wide range of industries, such as hotels, airlines, restaurants, and health care systems in class action lawsuits asserting violations of the Illinois Biometric Privacy Act (“BIPA”).
THE SEYFARTH EXPERIENCE
We are strategic, fast-thinking litigators who argue effectively and persuasively. We understand the need to achieve results in the most practical and effective manner possible. Seyfarth continues to make a significant investment in our advanced delivery platform that enables us to achieve litigation efficiencies for our clients. We also have broad experience working with litigation support personnel, both inside and outside the firm, in order to streamline the litigation process and make the most effective use of resources.
Seyfarth is one of the few law firms with a truly dedicated eDiscovery & Information Governance practice group. Our class action attorneys work in tandem with the eDiscovery group to represent clients in all facets of electronic discovery and information governance, including pre-litigation preparedness and the preservation, collection, review and production of electronic information in litigation. They also handle information governance issues related to data security, privacy and records management.
Our attorneys recognize that class action law is dynamic and ever-changing, with frequent procedural and substantive developments. To that end, we maintain our Consumer Class Defense law blog on consumer class actions as a resource for executives and corporate in-house counsel. The blog addresses procedural issues, such as arbitration, class action waivers and certification, as well as legal developments in the area of consumer fraud, statutory damages and consumer financial litigation. The blog is located at: www.consumerclassdefense.com.
- Consumer Fraud: Represented multi-channel retailer in a putative national class action alleging unfair business practices and false and misleading advertising under California Business and Professions Code Section 17200. The case involved purported misrepresentations regarding the “retail value” of items sold by client. Defeated class certification; affirmed by California appellate court.
- False Advertising: Represented large grocery chain in a putative California class action alleging unfair business practices, consumer fraud, and false advertising. The case involved ginseng and ginseng-containing food products and supplements allegedly contaminated with illegal pesticides in violation of Federal Food, Drug and Cosmetic Act. Settled with preemption motion pending.
- Privacy: Represented multinational delivery services company related to claims brought pursuant to the Telephone Consumer Protection Act. Matter dismissed after presenting consent defense.
- Privacy: Represented specialty retailer in a putative California class action alleging improper procurement of personal information from consumers as a condition to making credit card purchases under the Song-Beverly Act, California Civil Code Section 1747.08. Court sustained demurrer; motion for leave to amend denied.
- Data Security: Represented client in putative class action regarding alleged failure to secure consumers’ personal information.
- Complex Product Litigation: Successfully represented auto manufacturer in connection with a putative nationwide class action arising out of an alleged product defect that caused the dashboards in the manufacturer’s most popular pickup trucks and SUVs to crack prematurely. Plaintiffs alleged that the cracks had the propensity to interfere with the deployment of the passenger-side air bag and cause shrapnel to fly around the vehicle cabin. The complaint asserted 150 separate claims for common law fraud, violation of every state’s consumer protection act, breach of express and implied warranty, unjust enrichment, and violation of the federal Magnuson Moss Warranty Act. Our motion to dismiss was granted from the bench after concluding that Plaintiffs had failed to plausibly allege that our client knew of any purported safety violations and finding that Plaintiffs failed to seek repairs to their vehicles within the written warranty’s time and mileage limits.
- Consumer Financial Services: Serve as escalations counsel for two large banks in New England. For both clients, we handle their most significant defensive single-borrower mortgage litigation with systemic exposure or novel issues, collectively in Connecticut, Delaware, Maine, Massachusetts, New Hampshire, Vermont, and Washington, DC, with some additional significant bankruptcy-related defensive litigation in Illinois.
- Food & Supplement Safety and Labeling: Obtained a sweeping summary judgment order for an organic grocery store in a multi-year litigation in 11 consumer fraud class actions with claims exceeding $2.5 million that challenged the nutrition content on the labels of our client’s Greek yogurt products.
-
Cosmetics and Personal Care Products: Represent shampoo and conditioner distributor in federal class action alleging state consumer protection violations and breach of warranty claims based on “natural” product labeling. Case is pending and seeking to certify a nationwide class.
Related Trends
Related News & Insights
-
Speaking Engagement
11/11/2024
Seyfarth to Sponsor and Present at 2024 ANA Masters of Advertising Law Conference
-
Webinar Recording
09/10/2024
Webinar Recording: California Website Owners: Key Updates on Cookie Banners, Arbitration, and Privacy Compliance
-
Legal Update
08/09/2024
Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery
-
Legal Update
05/17/2024
Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature
Recognition
-
Recognition
11/07/2024
Seyfarth Extends Rankings in ‘2025 Best Law Firms’ by Best Lawyers
-
Recognition
10/17/2024
Seyfarth Recognized for Multiple Litigation Honors, Including “Powerhouse,” in 2025 BTI Litigation Outlook
-
Recognition
10/03/2024
Seyfarth Ranked Tier 1 Nationally for Labor & Employment in Benchmark Litigation 2025; 10 Seyfarth Lawyers Recognized
-
Recognition
07/02/2024
Seyfarth Ranked as Top Three Most Active Consumer Protection Lawsuit Defense Firm
Daunting in scope and potential significance, class actions pose financial, reputational, and operational risks to companies in all industries. Whether a class action is threatened or filed, our attorneys draw on extensive knowledge and experience to strategize and implement an appropriate defense strategy.
HOW WE HELP
We have the ability to form integrated teams to defend our clients from coast to coast, whether that means seamlessly conducting discovery in multiple states or defending against “copycat” cases that frequently appear in the wake of initial class action filings.
Our attorneys serve as legal and business advisors to our clients in many industries, including retail, food and beverage, banking, pharmaceutical, consulting, transportation, manufacturing, real estate, medical equipment, computer, and automotive. Our clients frequently call upon us to review and revise company policies and procedures. Such proactive measures can minimize litigation risks and at the same time enhance business operations.
OUR SERVICES
Consumer Fraud. Our class action attorneys defend cases involving, among other things, pricing practices, advertising practices, credit cards, debit cards, gift cards, loyalty programs and call recording practices. Some examples of our experience include cases brought under the State Consumer Fraud and Deceptive Practices Act, Telephone Consumer Protection Act, Song-Beverly Act, qui tam/taxpayer suits, Electronic Funds Transfer Act, privacy statutes, Biometric Information Privacy Act, and the Fair and Accurate Credit Transactions Act.
Consumer Financial Services Litigation. We represent clients in virtually every type of bank and lending litigation, ranging from multi-jurisdictional consumer class actions to commercial loan enforcement to lender liability claims and retail banking matters. We regularly defend against investigations and enforcement actions by federal and state regulators and other governmental authorities.
Food, Beverage and Supplement Labeling and Safety. We assist clients in litigation matters and investigations by regulatory agencies. Our attorneys have in-depth knowledge in a comprehensive range of medical, scientific and other relevant disciplines. We have a network of highly respected scientific and technical experts who can break down complicated ideas and scientific terminology—for presentation to judges and juries.
Biometric Privacy Compliance & Litigation. As regulations around biometric privacy continue to evolve, we advise businesses on compliance with these laws and maintain a robust docket of biometric privacy class action cases. We defend companies in a wide range of industries, such as hotels, airlines, restaurants, and health care systems in class action lawsuits asserting violations of the Illinois Biometric Privacy Act (“BIPA”).
THE SEYFARTH EXPERIENCE
We are strategic, fast-thinking litigators who argue effectively and persuasively. We understand the need to achieve results in the most practical and effective manner possible. Seyfarth continues to make a significant investment in our advanced delivery platform that enables us to achieve litigation efficiencies for our clients. We also have broad experience working with litigation support personnel, both inside and outside the firm, in order to streamline the litigation process and make the most effective use of resources.
Seyfarth is one of the few law firms with a truly dedicated eDiscovery & Information Governance practice group. Our class action attorneys work in tandem with the eDiscovery group to represent clients in all facets of electronic discovery and information governance, including pre-litigation preparedness and the preservation, collection, review and production of electronic information in litigation. They also handle information governance issues related to data security, privacy and records management.
Our attorneys recognize that class action law is dynamic and ever-changing, with frequent procedural and substantive developments. To that end, we maintain our Consumer Class Defense law blog on consumer class actions as a resource for executives and corporate in-house counsel. The blog addresses procedural issues, such as arbitration, class action waivers and certification, as well as legal developments in the area of consumer fraud, statutory damages and consumer financial litigation. The blog is located at: www.consumerclassdefense.com.
Related Practices
Related Key Industries
Blogs
Additional Resources
- Consumer Fraud: Represented multi-channel retailer in a putative national class action alleging unfair business practices and false and misleading advertising under California Business and Professions Code Section 17200. The case involved purported misrepresentations regarding the “retail value” of items sold by client. Defeated class certification; affirmed by California appellate court.
- False Advertising: Represented large grocery chain in a putative California class action alleging unfair business practices, consumer fraud, and false advertising. The case involved ginseng and ginseng-containing food products and supplements allegedly contaminated with illegal pesticides in violation of Federal Food, Drug and Cosmetic Act. Settled with preemption motion pending.
- Privacy: Represented multinational delivery services company related to claims brought pursuant to the Telephone Consumer Protection Act. Matter dismissed after presenting consent defense.
- Privacy: Represented specialty retailer in a putative California class action alleging improper procurement of personal information from consumers as a condition to making credit card purchases under the Song-Beverly Act, California Civil Code Section 1747.08. Court sustained demurrer; motion for leave to amend denied.
- Data Security: Represented client in putative class action regarding alleged failure to secure consumers’ personal information.
- Complex Product Litigation: Successfully represented auto manufacturer in connection with a putative nationwide class action arising out of an alleged product defect that caused the dashboards in the manufacturer’s most popular pickup trucks and SUVs to crack prematurely. Plaintiffs alleged that the cracks had the propensity to interfere with the deployment of the passenger-side air bag and cause shrapnel to fly around the vehicle cabin. The complaint asserted 150 separate claims for common law fraud, violation of every state’s consumer protection act, breach of express and implied warranty, unjust enrichment, and violation of the federal Magnuson Moss Warranty Act. Our motion to dismiss was granted from the bench after concluding that Plaintiffs had failed to plausibly allege that our client knew of any purported safety violations and finding that Plaintiffs failed to seek repairs to their vehicles within the written warranty’s time and mileage limits.
- Consumer Financial Services: Serve as escalations counsel for two large banks in New England. For both clients, we handle their most significant defensive single-borrower mortgage litigation with systemic exposure or novel issues, collectively in Connecticut, Delaware, Maine, Massachusetts, New Hampshire, Vermont, and Washington, DC, with some additional significant bankruptcy-related defensive litigation in Illinois.
- Food & Supplement Safety and Labeling: Obtained a sweeping summary judgment order for an organic grocery store in a multi-year litigation in 11 consumer fraud class actions with claims exceeding $2.5 million that challenged the nutrition content on the labels of our client’s Greek yogurt products.
-
Cosmetics and Personal Care Products: Represent shampoo and conditioner distributor in federal class action alleging state consumer protection violations and breach of warranty claims based on “natural” product labeling. Case is pending and seeking to certify a nationwide class.
Related Trends
Related News & Insights
-
Speaking Engagement
11/11/2024
Seyfarth to Sponsor and Present at 2024 ANA Masters of Advertising Law Conference
-
Webinar Recording
09/10/2024
Webinar Recording: California Website Owners: Key Updates on Cookie Banners, Arbitration, and Privacy Compliance
-
Legal Update
08/09/2024
Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery
-
Legal Update
05/17/2024
Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature
Recognition
-
Recognition
11/07/2024
Seyfarth Extends Rankings in ‘2025 Best Law Firms’ by Best Lawyers
-
Recognition
10/17/2024
Seyfarth Recognized for Multiple Litigation Honors, Including “Powerhouse,” in 2025 BTI Litigation Outlook
-
Recognition
10/03/2024
Seyfarth Ranked Tier 1 Nationally for Labor & Employment in Benchmark Litigation 2025; 10 Seyfarth Lawyers Recognized
-
Recognition
07/02/2024
Seyfarth Ranked as Top Three Most Active Consumer Protection Lawsuit Defense Firm