Consumer Privacy Class Action Defense

 

Contact:

Ana Tagvoryan


From autodialing and texting to call recording, data breach suits, and telemarketing and faxing practices, class actions are on the rise in any industry that interfaces with consumers and collects and handles consumer data. Over the last decade, there has been a significant trend in plaintiffs’ counsel filing class actions across the country that allege violations of federal and state consumer privacy laws, as well as an increased focus on navigating the application of rigorous class certification principles on these latest theories of liability.

The heightened concern regarding compliance and liability in consumer data handling and communications has led to an increased demand for privacy litigators who have a proven track record of swift resolution and across-the-board victories. Our attorneys achieve these through novel and unique strategies tailored to each case and client, with a focus on early negotiation and dismissal, summary judgment without class discovery, defeating class certification, and leveraging favorable settlements to ward off future claims and reduce risk for businesses.
 

WHAT WE DO

Our consumer privacy litigators make winning in and out of court the fundamental priority in all of our cases. With twelve U.S.-based offices, we defend clients in state and federal courts across the nation against claims alleging violations of federal and state consumer privacy, communications, data handling, and related laws.

We have defended against numerous multidistrict nationwide state and federal class action privacy claims brought under the following:

  • Telephone Consumer Protection Act (“TCPA”)
  • Fair Credit Reporting Act (“FCRA”)
  • Stored Communications Act (“SCA”)
  • Fair Debt Collection Practices Act (“FDCPA”)
  • Video Privacy Protection Act (“VPPA”)
  • Related state statutes, most notably California’s Invasion of Privacy Act (“CIPA”) and California's Unfair Competition Law (“Section 17200”)

Complementing this litigation and trial experience is our extensive knowledge of every major privacy regulation, including the Gramm Leach Bliley Act, the Health Insurance Portability and Accountability Act (“HIPAA”), and analogous state laws, such as California's Song-Beverly Credit Card Act. We also have extensive experience with e-discovery and social media issues in the law, and counsel clients with respect to social media use, social media policies, privacy terms and conditions, and data collection practices.

Our clients represent every regulated industry subject to data and consumer privacy regulation and include companies such as major retailers and manufacturers, credit bureaus, insurance companies, banks and other financial institutions, major sports teams, healthcare and pharmaceutical companies, auto manufacturers and dealers, debt-collection companies, telemarketing companies, social media and other Internet service providers, and other businesses that use consumer information.

Select Privacy Litigation Representation

  • Obtained an early dismissal before an answer or motion practice in a putative class action involving unsolicited junk faxing in violation of the TCPA.
  • Obtained favorable settlement on individual claims in a putative class action involving misrepresentations on the packaging of pet chew products.
  • Obtained favorable settlement on individual claims in a putative class action involving violations of the California Invasion of Privacy Act.
  • Obtained dismissal of class allegations in food labeling litigation during class certification briefing.
  • Successfully represented several food and supplement manufacturers in consumer fraud and false advertising class actions.
  • Obtained judgment on the pleadings on behalf of a medical group in TCPA class action over flu shot reminder calls to patients.
  • Obtained summary judgment in TCPA class action on basis of prior express consent for survey calls related to medical visits.
  • Obtained summary judgment in TCPA case on basis on non-advertisement for faxes sent to a physician network regarding pharmaceutical drugs.
  • Secured dismissals in several consumer privacy and consumer contract class actions dealing with unconscionable and unfair terms and conditions, and customer call recording practices.
  • Successfully defended several consumer-facing unfair and discriminatory practices claims surrounding pricing, subscriptions, and disability accommodations.
  • Obtained summary judgment in TCPA class action on behalf of airline vendor for flight notification text messages sent to customers.
  • Obtained complete dismissal under choice of law analysis for call recording class claims brought under the California Invasion of Privacy Act.
  • Obtained an early summary judgment in Song-Beverly Credit Act class action in the Superior Court of Los Angeles, California.
  • Success on a motion for summary judgment against claims brought under the TCPA and state consumer laws that prohibit or otherwise restrict unsolicited facsimile transmissions.
  • Representation of a national credit bureau in more than a dozen nationwide class action lawsuits alleging that the use of certain consumer data for marketing purposes violated consumers’ privacy rights under the FCRA and state law.
  • Achieved an early judgment on the pleadings and/or summary judgment (before discovery) in multiple TCPA class actions, including on behalf of a major sports franchise and a Fortune 50 technology company.

Compliance

Our attorneys also possess a unique perspective and experience for helping clients structure marketing campaigns that will achieve their business objectives in a statutory compliant manner. We work through the details, right alongside our clients, in developing marketing strategies and campaigns, spotting issues, and framing practical business solutions. We know how to structure compliance programs that also make business sense.

WHAT MAKES US DIFFERENT

Our interdisciplinary approach combined with our regulatory knowledge and strong relationships with class action administrators, plaintiffs’ counsel, and the courts, has led our consumer privacy litigators to achieve national recognition in providing our clients with comprehensive service in this burgeoning space.

We also continually monitor developments in data and consumer privacy litigation and routinely publish articles and newsletters about trends and rulings shaping our clients’ businesses and jurisprudence to keep our clients abreast of key changes in the law.