Ad Law Access Blog
Visit Kelley Drye's Ad Law Access blog for updates on advertising law trends, issues and developments.
Kelley Drye’s Advertising and Marketing practice group defends clients in consumer class actions throughout the country, deploying an experienced team that is recognized for creative and vigorous defense strategies. The firm has defeated class certification in a number of recent client cases and has negotiated favorable settlements in many others. Our legal team has defended clients against class actions involving cancellation fulfillment policies, pricing practices, call monitoring practices, promotional rebate policies, e-mail marketing campaigns, and a range of other issues. Your matter receives the benefit of Kelley Drye’s recent experience in handling class action matters for clients in a range of industries, including consumer products, technology, telecommunications, financial services, and food, drug and dietary supplements.
Representative Experience
- Serving as counsel in more than 20 consumer class action lawsuits
alleging false advertising, product liability, and breach of express
and implied warranties concerning the packaging, promotion, and
marketing of a dietary supplement. Lead counsel for matters filed in
U.S. district courts in New York, New Jersey, Massachusetts, and West
Virginia.
- Defending a national bank against Unfair Competition Law (UCL) and
Consumers Legal Remedies Act (CLRA) claims related to commercial debt
cancellation services.
- Representing a sporting goods retailer in the Western District of
Kentucky in two putative class actions alleging a “bait and switch”
advertising campaign.
- Obtained summary judgment for defendant, a call center and debt
collection company, in putative class action challenging ordinary
course of business call monitoring practices under the Fair Debt
Collection Practices Act (FDCPA) and California privacy statutes.
- Defeated motion for a preliminary injunction in a purported class
action challenging a dietary supplement maker’s advertising claims for
one of its products. Plaintiffs sought to enjoin the company’s
allegedly false advertising for the product throughout California,
arguing that the advertising representations were false and deceptive,
and violated the State’s “baby FTC Act.”
- Obtained dismissal of a putative class action challenging coupon redemption policies for a children’s apparel retailer.
- Obtained dismissal of a putative class action suit alleging
violations of the Fair Credit Reporting Act (FCRA) in connection with
prescreened marketing offers for a wireless communications company.
- Successfully defended a mail order retailer against a consumer
class action complaint that attacked its e-mail marketing campaign.
Importantly, both the trial and appellate court rejected the
plaintiff’s claim that he was damaged by mere receipt of the
unsolicited e-mail advertisement on account of the time that he wasted
to open and read it online and on account of any potential increase in
Internet service charges by his Internet service provider as a result
of the volume of unsolicited e-mail advertisements.
- Kelley Drye has led the defense of more than 30 class action cases
brought against a leading wireless carrier. In several related matters,
we successfully petitioned for multidistrict litigation over the
objections of several noted plaintiff class action firms, transferring
over twenty cases to the Western District of Missouri.
- Kelley Drye has represented two Internet service providers in several class action suits filed in Florida, California, Oklahoma, Illinois, and New Jersey. Not one case advanced to class certification, let alone a decision on the merits.
