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Amy L. Pierce
Amy Pierce is a counsel in the law firm’s Litigation practice and is located in the Sacramento and Los Angeles offices. She is an active member of Pillsbury’s Consumer & Retail team and Restaurant, Food and Beverage team, and Pillsbury’s Payments, Privacy, Data Security & Information Use, and Social Media & Games focus teams. Her practice focuses on commercial litigation, including highly complex matters, and related federal and state law and regulatory compliance counseling.
Her considerable experience includes representing defendants in putative class actions claiming lender or merchant liability under California’s Consumers Legal Remedies Act, Unfair Business Practices Act, Foreign Translation Law, Rees-Levering Automobile Sales Finance Act, Song-Beverly Credit Card Act, gift card laws and the federal Telephone Consumer Protection Act. She routinely provides compliance counseling to clients on these laws as well as other related and unrelated laws, including California’s Penal Code §§ 632, et seq.
Prepaid, Gift Cards and Mobile Payments
As an active member of the Firm’s Consumer & Retail Team, Ms. Pierce routinely counsels clients on compliance with various state and federal laws and regulations across the U.S., including, for example, the federal CARD Act, Bank Secrecy Act, Prepaid Access Rules and Regulations, FinCEN’s virtual currency guidance and various Dodd-Frank Act provisions, as well as state privacy, gift and loyalty card, unclaimed property, supply chain, money transmitter, escrow, secondhand dealer, and other licensing laws. She is also an active member of the Firm’s Social Media, Entertainment and Technology Team. In this capacity, Ms. Pierce consults with various clients on virtual currency and mobile payment issues.
Her clients include traditional retailers and restaurants, as well as emerging Internet and e-commerce companies, which she advises on a variety of website and product launch issues, including online terms and conditions, virtual currency, marketing, regulated activities, privacy and data security, and online content regulation and liability. With the rise of social media and the launch of networking platforms and social features by e-commerce companies, Ms. Pierce has advised both platforms and enterprises on loyalty program launches and other social media activities. Ms. Pierce is a regular contributor on Pillsbury’s Social Games Law Blog.
Prepaid, Gift Cards, and Loyalty Programs
- Defending national bank in statewide consumer class action alleging violations of California’s Consumers Legal Remedies Act and Unfair Competition Law in the client’s branded gift cards program.
- Defending major restaurant chain in a statewide consumer class action alleging violations of California’s CLRA and UCL in the company’s gift card policy and procedures.
- Defended national bank in statewide consumer class action alleging violations of California’s CLRA and UCL in the client’s business debit card rewards program. Negotiated very favorable resolution on a class basis.
- Defended national fabric and craft supplies retailer in a statewide consumer class action alleging violations of California’s CLRA and UCL in the company’s gift card policy and procedures.
- In two different cases, defended a major pharmaceutical company in a state-wide consumer class action alleging that its gift card policy and procedures violated California’s CLRA and UCL.
Telephone Consumer Protection Act
- Defending a major clothing retailer in a statewide consumer class action alleging violations of the federal Consumer Telephone Protection Act by collecting its customers’ cell phone numbers and sending text messages without the customers’ prior express consent. Plaintiff has been persuaded to refine her claims to include allegations that prior express written consent was not obtained.
Song-Beverly Credit Card Act
- Defending a major footwear retailer in a statewide consumer class action alleging violations of California’s Song-Beverly Credit Card Act in connection with its receipts. Plaintiff was persuaded to voluntarily dismiss her causes of action for other alleged violations of the Act.
- Defended a major clothing retailer in a statewide consumer class action alleging violations of California’s Song-Beverly Credit Card Act by its point-of-sale policies and procedures in credit card transactions. Plaintiff was persuaded to voluntarily dismiss her complaint for lack of actual violations.
Rees-Levering Automobile Sales Finance Act
- Representing lender in a dispute with a previous title holder that was not paid by the dealership notwithstanding that numerous vehicles were delivered to the dealer and resold to consumers.
- Represented several automobile lenders and a car dealership over alleged violations of California’s Rees-Levering Automobile Sales Finance Act and Consumers Legal Remedies Act in connection with vehicle sales. Negotiated either dismissal of the lender or full indemnification of the lender by the dealer.
- Defended a large bank in a statewide consumer class action alleging ASFA violations in the client’s notice disclosure requirements.
- Defended lender in a class action under ASFA for alleged failure to comply with contractual disclosure requirements.
In both public facility and private construction disputes, Ms. Pierce has significant experience representing project owners and contractors. She has represented clients in court and in mediation involving high-dollar disputes over breach of contract change orders, scheduling, sequencing, extended general conditions and other delay and impact claims. Ms. Pierce has also prosecuted and defended mechanics’ liens, bond and construction defect claims. She has first-chaired several arbitrations before the California Contractors State License Board, and routinely interacts with the Board on behalf of clients. Ms. Pierce has also testified before the State Assembly Judiciary Committee on proposed amendments to California's Contractors Law. She also works with clients on licensing-related issues. Ms. Pierce is also regular contributor on Pillsbury’s Gravel2Gavel Construction Law Blog.
Ms. Pierce has defended property owners and lessees in disabled access cases brought in state and federal court under California’s Unruh Civil Rights Act and the national Americans with Disabilities Act.
- Representing owner/manufacturer of two solar projects in connection with a dispute involving the general contractor’s failure to comply with geotechnical report and requests for payment for extended general conditions stemming from the general contractors failure to coordinate with the various regulatory agencies whose cooperation was needed for required testing of the projects. Negotiated a deductive change order in favor of the owner/manufacturer and coordinating final completion of the two projects.
- Obtained general contractor’s license for an out-of-state contractor in less than two weeks, enabling the contractor to timely proceed with construction of the project in California.
- Regularly represents one of the largest home improvement contractors in the nation to respond to consumer complaints filed with the California Contractors State Licensing Board. Consistently obtains satisfactory resolution of disputes.
- Represented owner in a dispute arising in connection with its request for payment of a change order and resolution of a complaint by the owner with the California Contractors State Licensing Board relating to the request for additional payment.
- Represented owner in disputes arising in connection with the general contractor on four projects filing for bankruptcy and subcontractors’ and materials’ suppliers’ claims for non-payment. Resolved to the owner’s satisfaction over 30 mechanic’s lien foreclosure actions and over 100 claims made by subcontractors and materials suppliers.
- Represented general contractor in a dispute involving change orders and requests for payment for additional work and extended general conditions for construction of a mixed-use facility. General contractor prevailed in claims against the developer.
9th Circuit Court of Appeals; United States District Courts for the Northern, Central and Eastern Districts of California and all California State Courts
Captain of Team Pillsbury Winthrop Shaw Pittman for the 2008 - 2011 Komen Sacramento Race for the Cure, Awarded No. 1 Corporate Team with the Highest Team Donation and No. 1 Corporate Team with the Highest Average Team Member Donation
Top 100 Fundraiser Club 2008 - 2011 Komen Race for the Cure Sacramento Valley Affiliate
Center Partnership Award from the Center For Youth Citizenship, September 2007
Co-Captain of Team Pillsbury Winthrop Shaw Pittman for the 2005 - 2007 Komen Race for the Cure, Awarded No. 1 Corporate Team with the Most Pledge Dollars Raised Per Team Member