Consumer Class Action Defense
Marketers have seen a significant increase in the number of consumer class action cases against advertisers and suppliers relating to allegations of false advertising and deceptive trade practices. Many of these claims relate to direct marketing practices such as:
- Sufficient substantiation to support product claims
- Advance consent/negative option continuity programs
- Telemarketing and Text Message Marketing (TCPA Defense)
- Excessive shipping and handling charges
- Charges for enhanced value services
- Legal challenges to BOGO (buy one, get one) offers
- Telecommunications services
Experienced Litigators in State and Federal Courts
At Olshan, our law practice is evenly divided between proactive assistance to help clients avoid legal challenges and litigation when clients face challenges from competitors or from the public. Our advertising and marketing litigation lawyers are experienced trial attorneys who aggressively defend our clients’ interests in advertising litigation, in regulatory litigation and in consumer class action lawsuits in state and federal court.
Private Plaintiff/Class Action Defense
We frequently defend consumer-fraud lawsuits alleging false advertising in venues around the nation, on both individual and class bases. Our attorneys have defended class actions alleging false advertising and deceptive trade practices relating to dietary supplements, consumer products and services, billing practices, and direct marketing practices. We have also successfully defended several class actions under the Telephone Consumer Protection Act (TCPA).
Focus On Defeating Class Certification
Our defense strategy is frequently focused on defeating class certification. This strategy has resulted in several federal and state court decisions denying class certification in matters that would have had significant impact on a business’ future success.
Advantages of Hiring Olshan:
- Value: Our professional rates are lower than the billable rates charged by typical larger firms in New York City, despite that we litigate and achieve excellent results against those same firms routinely. We are open to volume discount and alternative-fee arrangements for litigation matters.
- General Defense Philosophy: By being able to anticipate legal issues early in the case, we have had significant success resolving complex matters early in the discovery and class certification processes, even while otherwise aggressively and effectively defending our clients in such actions. Though our ultimate strategy is naturally further developed as we learn more about a case, we generally believe the path to a successful outcome requires the establishment of a cost-effective – but aggressive – defense strategy.
- Experience: The successful resolution of a false advertising matter requires the involvement of well-qualified experts at an early stage of the engagement. We work closely with experts to assist on strategy and to get a strong understanding of the underlying science behind the advertised claims.
When your business needs a strong, experienced defense to fight consumer class action lawsuits alleging consumer fraud or false advertising, contact one of these consumer class action defense attorneys at Olshan:
- Defended TCPA class action for consumer fraud related to “robocalls.” Class certification denied and offer of judgment accepted for de minimis sum.
- Defended class action alleging improper billing for telephone charges under Cal. Bus. & Prof. Code §17200 and unjust enrichment. Class certification denied.
- Carrier sued firm’s clients in hundred-million dollar TCPA lawsuits for allegedly illegal “robocalls.” Motions to dismiss granted on basis that plaintiff lacked standing.
- Defended class action alleging false advertising of dietary supplement designed for women’s weight loss. Motions to remove and dismiss led to plaintiff taking a voluntary dismissal.
- Defended class action alleging false advertising under New Jersey Consumer Fraud Act. After prevailing on the trial level, the appellate court reversed on jurisdictional grounds. The firm successfully petitioned the New Jersey Supreme Court to revisit the issue. Matter settled.
- Defended false advertising class action relating to men’s dietary supplement product. Motion to dismiss granted.
- Advance Consent, Telemarketing & Direct MarketingNovember 18-20, 201335th BAA Annual Marketing Law Conference, Chicago, IL
- Risks and Opportunities in Advance Consent, Negative Option and Affiliate MarketingNovember 201234th Annual PMA Marketing Law Conference, Chicago, IL