4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

Olshan Advertising, Marketing & Promotions partner Scott Shaffer published an article on July 3 in Law360 (subscription required) titled “4 Consumer Class Action Trends To Watch In 2nd Half Of 2025,” which discusses the latest trends in consumer protection litigation, including class actions involving websites, digital tools and marketing messages. Scott highlights four major claim areas: auto-renewal subscription lawsuits, quiet hour texting violations under the TCPA, digital privacy claims under CIPA and false “Made in USA” labeling. He discusses recent cases involving failure to disclose subscription terms, misleading origin claims by major brands and texts sent during restricted hours even with prior consent. He also notes that companies are facing suits over the use of cookies and chat tools under CIPA. “The lesson to learn here is clear: businesses must take affirmative steps to protect themselves or risk becoming a cautionary tale,” Scott writes. “Auditing subscription programs, reviewing digital tracking practices, refining texting protocols, and ensuring accurate labeling are no longer optional — they’re essential.” The key to avoiding these lawsuits is to anticipate how outdated laws might be reinterpreted by enterprising plaintiffs’ attorneys. Businesses must strive to remain compliant in a rapidly evolving legal landscape as liability exposure can multiply quickly. He adds, “The surge in consumer litigation signals a growing expectation that companies treat transparency, fairness, and privacy as core business principles. Companies that fail to adapt risk extensive class action liability.”