Privacy Class Action Defense

Overview

From autodialing, texting, voice-mail drops, and faxing to call recording, data breaches, data collection and sharing, class action claims are on the rise in any industry that interfaces with consumers and collects and handles consumer data for the purposes of marketing and communications. Heightened concern regarding compliance and liability in consumer data handling and communications has led to an increased demand for specialized defense attorneys who have a proven track record of swift resolution and across-the-board victories on complex and novel issues in an ever-changing legal landscape.

Our privacy class action defense attorneys achieve these results through novel strategies uniquely tailored to each case and client. We focus on early negotiation and dismissal, summary judgment without class discovery, defeating class certification at the earliest practicable time, and leveraging favorable settlements that make business sense and ward off future claims. We also work with our clients to structure business practices that do not affect the bottom line but do reduce risk.

Winning in and out of court is our fundamental priority. With 12 U.S.-based offices, we defend clients in state and federal courts across the nation against claims alleging violations of federal and state statutory and common law consumer privacy, communications, credit reporting, and other related laws. Our interdisciplinary approach combined with our regulatory knowledge and strong relationships with the FCC, FTC, class action administrators, plaintiffs’ counsel, and the courts, has led to national recognition of the comprehensive service we provide to our clients.

How We Can Help

We have defended against numerous multi-district nationwide state and federal consumer privacy class action claims brought under the following:

  • Telephone Consumer Protection Act (“TCPA”)
  • Fair Credit Reporting Act (“FCRA”)
  • Fair and Accurate Credit Transactions Act (“FACTA”)
  • Electronic Funds Transfer Act (“EFTA”)
  • 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 Song-Beverly Credit Card Act.

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”), General Data Protection Regulation (“GDPR”) and analogous state laws, such as state-specific telemarketing and data privacy laws, and consumer protection laws. We also have extensive experience with data handling, data sharing, e-discovery and social media issues in the law, and counsel clients with respect to e-commerce, consumer data handling, online privacy notices, social media use, social media policies, online privacy terms and conditions, and data collection practices.

Our clients represent every regulated industry subject to data and consumer privacy regulation, for example:

  • major retailers and manufacturers
  • Internet service providers
  • credit bureaus
  • banking and financial institutions
  • major sports teams
  • security, cable and media companies
  • record labels, television stations
  • health care providers, pharmacies, and other medical equipment companies
  • solar and home-remodeling companies
  • auto manufacturers and dealers
  • debt-collection companies
  • marketing and lead generation companies
  • food, beverage and delivery companies

Compliance

Our attorneys also possess a unique perspective and experience in helping clients structure marketing campaigns and communications practices that will achieve their business objectives in a statutorily compliant manner. We work through the details, right alongside our clients, in developing marketing strategies and campaigns, drafting and revising training manuals, online privacy notices and terms and conditions, contracts and purchase agreements, and spotting issues and framing practical business solutions. We know how to structure compliance programs that make good business sense.

Experience

  • 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 violations of the California Invasion of Privacy Act.
  • 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.
  • 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 early judgments on the pleadings and/or summary judgment (before discovery) in multiple TCPA class actions, including on behalf of a major sports franchise.
     

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