Consumer Fraud Litigation

Representative matters include:

  • obtaining dismissal of multiple consumer fraud class actions filed against a leading pharmaceutical company, alleging violations of state consumer protection statutes, fraud, breach of warranty, negligence, unjust enrichment and similar claims based on allegations that the company concealed the alleged harmful effects of a leading prescription medication; all dismissals upheld on appeal
  • Spirit Locker, Inc. v. EVO Direct LLC – obtained dismissal of a putative class action alleging that a fee for early cancellation of a contract for credit card payment processing services violated the New York state consumer fraud law and amounted to unjust enrichment.
  • Threatened UCL and CLRA Claim Against Major Cosmetics Companies – obtained favorable early settlement in multiple threatened class action lawsuits under the California UCL, CLRA and False Advertising Law, against major cosmetics companies.
  • Best Lockers, LLC v. American Locker Group, Inc. – obtained favorable settlement of complex class action and intellectual property litigation involving alleged misuse and misappropriation of source code, and UCL and unfair competition claims.
  • Faulkner v. ADT Security Services, Inc., et al. (N.D. Cal.)– obtained dismissal of a putative class action involving allegations that ADT failed to comply with California’s strict privacy laws by failing to inform callers from the outset that their phone calls were being recorded pursuant to California Penal Code § 632.
  • Medallion Products v. McAllister – defeated numerous claims against manufacturer of a cleansing chemical spray, including a class action alleging improper labeling of ingredients, a related Federal Trade Commission investigation, and a lawsuit asserting breach of contract, false advertising, fraud and other claims.
  • Hoffman v. Neocell Corporation – obtained settlement of putative class action alleging that a California manufacturer of skin care and other health care products violated New Jersey consumer fraud statutes.
  • defending a national bank in three class actions challenging gift card fees and marketing disclosures in violation of state unfair and deceptive trade practice act laws
  • defending pharmaceutical companies in litigation brought by state Attorneys General and government entities seeking restitution and civil penalties under state consumer protection laws for alleged fraudulent sales and marketing practices
  • advised Fortune 500 computer manufacturer on potential claims under various states' unfair trade and deceptive practices act statutes in connection with alleged data loss involving computer manufacturer's data storage products
  • trial counsel in consolidated 200-plaintiff consumer fraud action alleging RICO, violation of consumer fraud statute and other claims; obtained favorable settlement during trial
  • defeated a consumer class action that alleged consumer fraud regarding alleged misleading advertising of gasoline
  • banks and other financial services firms in class actions, including claims under the Fair Credit Reporting Act, the Real Estate Settlement Procedures Act, the Truth in Lending Act and the Fair Debt Collection Practices Act, Equal Credit Opportunity Act, Fair and Accurate Credit Transactions Act, Electronic Funds Transfer Act, Telephone Consumer Protection Act and various state law unfair and deceptive transactions acts
  • defended a national bank against claims of breach of fiduciary duty, conspiracy to commit fraud, breach of contract, violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, and invasion of privacy

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