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
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.
- Antitrust Counseling & Litigation
- Appellate Litigation
- Business Litigation
- Class Action Defense
- Delaware Corporate Litigation
- Mass Torts & Complex Disputes
- Product Liability
- Drugs & Medical Devices
- Toxic Torts
- Professional Malpractice Defense
- Securities & Shareholder Litigation
- White Collar Defense & Investigations