Privacy and Consumer Class Actions

The practice offers class action litigation, settlement and mediation services.  The matters below contributed to a period of substantial change in class action jurisprudence. In the 1990s, certification standards were low and defendants often had to rebut judicial presumptions in favor of class certification. Today, Rule 23's requirements are much more vigorously applied. Across a spectrum of antitrust, privacy, false advertising, FDCPA, RICO and other consumer protection issues, many of the cases below made signal contributions to the stabilization of class action law over the past 20 years.     

•Dismissal of nationwide class action complaint challenging famous non-profit’s website data collection and utilization practices under a variety of statutory and common law privacy claims.   

•Precedential appellate affirmance of district court orders denying class certification of claims challenging client’s subscription renewal and cancellation practices under a variety of state consumer protection and federal EFTA and privacy laws.     

•Appellate affirmance of district court’s dismissal of class action complaint challenging national bank’s marketing and fulfillment of certain credit add-on products under RICO and state consumer protection statutes.       

•Dismissal of nationwide class action complaint challenging client’s Telephone Consumer Protection Act compliance in the collection of student loans.      

•Appellate reversal of class certification of claims challenging client’s monitoring and recording of its own telephone call center activity. Successful resolution of similar cases under California Invasion of Privacy Act ("CIPA").  

•Representing wireless carrier in landmark case establishing standing requirements under District of Columbia’s Consumer Protection Procedures Act.    

•Representing pioneering online advertising firm defending class action claims that its patented device violated state and federal privacy laws when utilized by internet service providers without appropriate disclosures.     

•Defeating class certification in series of state class actions challenging internet service provider’s enrollment, pricing, and rebate promotions, trial court decisions upheld by California and Florida state appellate courts.     

•Representing wireless carrier in multi-district litigation consolidating and settling class claims that client’s line item fee for FCC program cost recovery violated state consumer protection statutes; All-Writs Act injunction issued against unconsolidated state court cases.