Consumer class actions have become a multibillion-dollar headache for consumer brands—and they are on the rise in jurisdictions across the country. Not only do these cases pose the risk of enormous economic damages, injury to brand reputation, and loss of key corporate assets and relationships, they also divert valuable time, management focus and company resources away from core business objectives.
We defend companies across a range of industries—consumer products; technology and telecommunications; fashion and retail; financial services; entertainment and media; and food, drug and dietary supplements, to name a few—in state and federal consumer class actions involving advertising and labeling claims, deceptive trade practices, promotional “sale” pricing practices, telemarketing and the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), call monitoring practices, rebate policies and e-mail marketing campaigns.
Strategic Case Control from the Outset
Our attorneys provide clients with strategic case control from the beginning of the suit to the end. With nationally acclaimed consumer protection and regulatory practices, Kelley Drye offers clients the subject-matter-specific counsel of a boutique consumer protection practice with a true fluency in the nuances of state and federal consumer protection laws, bolstered by the experience of a 100-attorney bench of accomplished litigators providing practical, innovative—and proven—class action defense strategies. Our consumer class action attorneys were named by Law360
as a 2017 “Consumer Protection Practice Group of the Year. “ The honor recognized Kelley Drye’s class action litigators noteworthy victories, including: defeated comparison price claims for two large retailers and successfully defended those dismissals before both the First and Sixth Circuits; defeated at the pleading stage proposed class actions against multiple consumer products companies alleging consumer fraud and privacy/Telephone Consumer Protection Act (TCPA) violations; and beat back other plaintiffs’ motions for class certification. The group was also recognized in the 2017 edition of Legal 500
, as an “excellent group exceling in class actions and mass tort litigation, with a particular niche in Telephone Consumer Protection Act (TCPA) cases.”
We conduct early case assessments that recognize these lawsuits as business problems to be solved and position clients to achieve successful resolution in line with their goals in smarter, more efficient ways. Our courtroom-tested litigators have an outstanding record of success securing dismissal of class claims on dispositive motions before discovery, defeating class certification and dispatching the claims of class representatives in some of the most plaintiff-friendly jurisdictions in the country, including courts in California, Illinois, New York, New Jersey and Texas.
Consumer class actions often proceed in parallel with regulatory and law enforcement agency investigations of the same claims or practices. Kelley Drye attorneys have well-earned credibility with government agencies like the Federal Trade Commission (FTC), the Federal Communications Commission (FCC) and state attorneys general. We have negotiated the favorable conclusion of dozens of investigations and enforcement actions over the past decade, and have proactively used the primary jurisdiction doctrine in class action litigation to reign in expansive regulatory proceedings.