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Representative Experience
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On behalf of a leading online brokerage company, obtained dismissal of a class action in the Central District of California alleging claims for false advertising and unfair business practices in violation of California's Business & Professions Code § 17200 regarding the assessment of online broker fees. The dismissal of all claims was affirmed by the Ninth Circuit.
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Represented a major online floral retailer in State and Federal Courts in California against claims for false advertising and unfair business practices in violation of California's Business & Professions Code § 17200 regarding the imposition of delivery charges. The case was favorably resolved during the pendency of a the class certification motion.
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Represented a major motion picture studio in a dispute with a company that makes "mockbuster" movies, alleging that the business practices were in violation of California's Business & Professions Code § 17200.
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.
