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Consumer Class Actions

Contacts

Robert L. Wallan
Partner, Los Angeles
T: +1.213.488.7163
Jacob R. Sorensen
Partner, San Francisco
T: +1.415.983.1893
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Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group. Beyond this overall recognition, Pillsbury earned particular praise as a standout performer in the class actions category. Our deep bench of experienced lawyers handle class action lawsuits across the country, in federal and in state courts.

Our strategies focus on defeating or narrowing class claims, whether at the outset via motions to dismiss, at class certification, or at trial. We take a practical approach, understanding that many class claims can be resolved on a nuisance basis. We are accordingly also adept at crafting settlements in appropriate cases designed to provide clients with the protections afforded by enforceable releases.

We have litigated cases involving the federal and state statutes often relied upon in class actions, including: the Class Action Fairness Act of 2005 (CAFA), the Consumer Legal Remedies Act (CLRA), the Telephone Consumer Privacy Act (TCPA), the Fair and Accurate Credit Transactions Act (FACTA), the Fair Credit Reporting Act (FCRA), the Song-Beverly Credit Card Act (Song-Beverly), the Children’s Online Privacy Protection Act (COPPA), the Florida Deceptive and Unfair Trade Practices Act (FDUPTA), along with many state false advertising, unfair competition and related statutes. We have deep experience in food, nutritional supplement, and cosmetics labeling claims, including “all natural” and other similar claims that are routinely targeted. We have counseled numerous clients regarding litigation exposure to the California Consumer Privacy Act (CCPA), and handled many claims involving financial and medical privacy issues.

We also have a top tier policy-holder side insurance coverage practice, which can add enormous value in helping to ensure coverage where possible.  Nearly all major firms in the world are conflicted in advising on and litigating the insurance coverage aspects of class actions. We are not.  Pillsbury’s Insurance Recovery & Advisory team helps clients facing class action exposure obtain the full benefit of the insurance coverage they purchased.

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Our work defending employment class actions alleging wage and hour violations, products liability and mass tort and class actions, including environmental claims for alleged exposure to groundwater and soil contamination, all are bolstered by our deep benches of lawyers with subject matter expertise in labor and employment, products, IP and environmental law.

Recognized for depth of experience, knowledge, efficiency and creativity, our class action strengths include the effective and efficient management of multidistrict class action litigation and parallel criminal antitrust investigations. Our experience extends into consumer unfair competition and false advertising practice, counseling clients through formal and informal investigations by the FTC, state attorneys general and district attorneys, and defending scores of consumer class actions brought by private plaintiffs. Click here for more information on Pillsbury’s Antitrust & Competition practice.

  • Privacy and Cyber Class Actions
    • Our class action lawyers have notched material wins in dozens of privacy class actions across the country. We understand that resolving one class action lawsuit alleging statutory violations does not mean an end to exposure. (For example, numerous companies have been subject to repeated lawsuits over credit card data disclosure under FACTA.) We help clients anticipate developing exposure such as the evolving CCPA, slated to take effect in California in January 2020. We also have experience representing companies who collect data, including financial, biometric, geotracking, and other types of data, as those companies have increasingly become targets in class litigation.
  • Advertising Class Actions
    • False advertising claims give rise to little or no actual injury, yet often present meaningful exposure. We’ve defended “all natural,” “pure” and similar claims, weight and measure and “slack-fill” claims, ingredients claims, and performance claims such as printer speed advertising.
  • Product Liability Class Actions
    • Leveraging our deep experience, and partnering with our clients and, as appropriate, their recall counsel, we coordinate the defense of products liability class actions with efforts to ensure that our clients receive the full benefits of the insurance coverage they purchased.
  • Employment Class Actions/Wage & Hour
    • Pillsbury’s Employment group provides comprehensive strategic counsel in all areas and at every stage of the employment life cycle, including helping clients navigate federal and state wage and hour laws and effectively respond to wage-and-hour and other employment-related class actions.
  • Restaurant & Food Class Actions
    • One of only a few major international law firms with significant restaurant, alcoholic beverage, and packaged-food and beverage practices, we offer clients a core group of industry-focused lawyers and consultants with deep sector knowledge, global reach, and extensive experience regarding all of the challenges restaurant, food and beverage industry participants face. This includes defense of class action and other litigation involving labeling and food claims (e.g., “all natural”), allergens, contamination, wine quality, ingredient descriptions, and other consumer issues.

Representative Matters

  • Representing multiple international airlines in COVID-19-related class action litigations regarding consumer claims in connection with ticket refunds.
  • Representing prestigious private university in the Operation Varsity Blues college admissions criminal investigation and in follow on consumer class actions challenging alleged misrepresentations and omissions regarding recruiting practices.
  • Defense of prominent mobile game app publisher in class action alleging privacy violations including geotracking, COPPA, and other theories.

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  • Representation of international coffee chain in false advertising class action alleging slack fill violations.
  • Defeated class certification in nationwide MDL consumer class action proceeding asserting product liability defects in plumbing products.
  • Defeated class certification in nationwide “all natural” class action involving snack chips and alleged GMO corn content.
  • Represented Icelandic airline in class action litigation regarding consumer claims in connection with flight delays. The case settled on favorable terms after a ruling on our summary judgment motion.
  • Represented major international airline in class action litigation challenging disclosures made in connection with European Union regulations.
  • Privacy and Cyber Class Actions
    • Represented a major academic medical center in multiple class actions seeking statutory damages for the unauthorized disclosure of patient health information by a hospital vendor.
    • Defended a major pharmaceutical company in several putative class actions alleging the company developed pharmacy reminder letters that were in violation of California’s Confidentiality of Medical Information Act.
    • Defeated class certification in nationwide action alleging violations of FACTA. Court found “disproportionate consequences to Defendant’s business and the lack of actual harm suffered by members of the potential class.”
    • Defended an international cruise line in a consolidated class action involving dozens of telemarketing entities alleging violations of the TCPA.
    • Obtained partial or complete insurance coverage for many dozens of privacy class actions.
  • Advertising Class Actions
    • Defending major snack food manufacturer, defeated class certification motion filed in Northern District of California “food court” alleging that “all natural” claims were false based on inclusion of GMO corn.
    • Defended a major Japanese electronics company in a multidistrict action alleging a global conspiracy to engage in price-fixing and other anti-competitive conduct in the market for TFT-LCD panels.
    • Obtained highly favorable nationwide settlement for protein cookie nutritional labeling class actions.
    • Defending international coffee retailer in connection with class action filed under newly revised slack fill legislation.
    • Defended numerous hotel properties in a consumer class action alleging defendants imposed mandatory fees and surcharges on consumers visiting their hotels thereby increasing the advertised price of the hotel room.
    • Represented one of the largest banks in Mexico and Spain in related national class actions alleging defendants misled consumers in relation to money transmitter products.
    • Negotiated favorable settlement for a popular tart frozen yogurt chain in a consumer class action that alleged false advertising for “all natural” claims and violations of unfair competition statutes.
    • Successfully defended two national grocery companies in class action suits alleging false advertising claims.
  • Employment Class Actions/Wage & Hour
    • Represented restaurant chain in wage and hour class action involving 3,000 class members. After four weeks of trial, obtained favorable settlement immediately prior to the close of plaintiffs’ case.
    • Represented financial services firm in FSLA class action brought by former employees who sought to certify a nationwide collective action challenging the exempt status of thousands of financial advisers.
    • Represented a restaurant chain in a putative class action alleging violations of meal and rest break requirements, improper deductions from wages, inadequate wage statements and other claims.
    • Represented a telecommunications company in a putative class action alleging failure to reimburse for business expenses. Denial of class certification was upheld on appeal.
    • Represented a global pizza chain in a class action bought by employees claiming they did not receive bonuses they were entitled to receive under company compensation plans.
    • Successfully prosecuted several separate civil lawsuits on behalf of national and regional restaurant companies to obtain insurance coverage for settlements under wage and hour class action suits.
  • Product Liability Class Actions
    • Defeated class certification in nationwide class seeking over $100 million in property damages against plumbing parts manufacturer. Following denials of insurance coverage, successful litigation effort recovered both class action defense fees and costs and insurance litigation fees and costs.
    • Represented Hearst in a litigation against its insurer involving coverage under its media policies for an underlying class action alleging privacy violations.
    • Served as trial counsel for plaintiffs in the GM Ignition Switch Defect class action multidistrict litigation.
  • Restaurant & Food
    • Litigated and negotiated recoveries on defense and indemnity claims arising from state and federal consumer class actions alleging violations of FACTA, FCRA and the Song-Beverly Card Act for numerous nationally prominent restaurant chains.
    • Negotiated the exclusion of a winery client from a class action alleging production and sale of tainted wines by numerous California wineries.
    • Successfully defended international packaged-food companies in a class action suit alleging price-fixing.
    • Represented numerous restaurant chains in privacy litigation involving private credit card information. Obtained order denying class certification filed under FACTA filed against international restaurant chain and thereafter successfully disposed of more than a dozen other cases against other restaurants and retailers.
    • Providing ongoing representation of a major snack food company in connection with a class action suit over claims of allergens and misleading packaging.
    • Defending international coffee retailer in connection with class action filed under newly revised slack fill legislation and California Unfair Business Practices statute.
  • Antitrust and Unfair Competition Class Actions (Includes Cal. Bus. & Prof. Code §17200)
    • Defended a telecommunications provider in a nationwide class action alleging the company engaged in a practice known as “cramming” in which unauthorized charges are placed on a customer’s bill.
    • Representing a Japanese auto parts manufacturer in connection with a multi-district class action derived from DOJ’s largest antitrust criminal investigation.
    • Represented a national bank in coordinated class actions alleging the bank had rescinded “free checking” on 150,000 accounts acquired by mergers with two other banks.
    • Represented major Japanese manufacturer in navigating international criminal investigations and follow on direct and indirect purchaser class actions as well as State Attorney General parens patriae actions in connection with price-fixing in the LCD industry.
    • Representing leading American manufacturer of capacitors in direct purchaser class action alleging price-fixing.
    • Representing Japanese electronics company in direct purchaser class action and opt-out actions alleging price-fixing with respect to inductors.
  • Gift and Prepaid Cards Class Actions
    • Represented a U.S. bank in a consumer class action alleging violations of California’s gift card law, Consumers Legal Remedies Act and unfair competition law in connection with its Visa®-branded gift cards.
    • Represented nationwide chain of craft stores in statewide consumer class action alleging violations of California’s gift card law and Unfair Competition Law, Business & Professions Code § §17200, et seq.
    • Defended national auto supply retailer in a California-wide consumer class action alleging the company’s gift cards included expiration dates.
    • Represented a national book retailer in a California-wide consumer class action alleging the users of the company’s gift cards could not redeem card balances for cash.
    • Represented a five-star hotel in its defense against a class action suit brought on behalf of purchasers of gift cards and certificates.
    • Helped a national home improvement retailer successfully resolve a series of consumer class actions challenging the store’s current and former gift cards, resolving all cases by successful motions or minor settlements.
    • Defended three large buffet chains in a class action suit concerning gift certificate expiration issues.
    • Defended numerous private lawyer general and class action lawsuits challenging gift card policies.

Practice Area Highlights

  • Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group.
  • Most major firms in the world are conflicted in advising on and litigating the insurance coverage aspects of any of these class actions. We are not. Pillsbury’s top-rated Insurance Recovery& Advisory team helps clients facing class action exposure obtain the full benefit of the insurance coverage they purchased.
  • Our class action lawyers have notched material wins in dozens of privacy class actions across the country.

Resources

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Litigation Highlights

2024 MOST FEARED FIRMS

BTI Consulting recognizes Pillsbury as one of the most feared law firms in litigation.

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Wells Fargo

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Dynegy

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