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Consumer Class Action
Consumer class actions magnify the potential liability as well as the associated defense and business costs faced by defendants. The attorneys in Katten's Consumer Class Action Practice are well-versed in the unique issues that arise in class action cases. We are well equipped to evaluate claims asserted against our clients and provide practical, business-oriented advice on how to avoid or mitigate risk and cost.
Experienced, Pragmatic Counsel
At Katten, we provide candid assessments of our clients’ prospects for success as well as the potential for liability in any class action lawsuit. The attorneys in our Consumer Class Action Practice have defended numerous consumer class action lawsuits at all levels of state and federal courts, including the appellate courts. Our litigators are skilled at obtaining early case resolution, and they have applied their extensive experience, talent and creativity to achieve success in all phases of consumer class action defense, including motions to dismiss, motions to enforce arbitration clauses, oppositions to class certification, motions to decertify, motions for summary judgment, trials and appeals.
While formulating and implementing the defense strategy, we simultaneously help our clients address the business issues implicated by class action litigation. In addition to defending class action claims, we counsel our clients on how to avoid becoming the next target of the plaintiff’s bar. Among other things, we have implemented a system that tracks new class action filings nationally so we can monitor developments and evaluate trends that may impact our clients.
National, Multidisciplinary Approach
Katten’s national presence allows us to draw on the expertise of attorneys in offices across the country to provide a cost-effective defense wherever our clients may be sued, including when multiple class actions are filed against a single client in different jurisdictions, as so often is the case. In addition, attorneys in our Consumer Class Action Practice routinely draw on the knowledge and experience of practitioners in the firm’s other practice areas to formulate comprehensive defense strategies that meet our clients’ legal and business needs and objectives.
Given the significant cost and other challenges associated with electronic evidence preservation and production, clients defending against a consumer class action benefit from the expertise of the e-savvy litigators in our Electronic Discovery and Evidence Practice. Katten also has many attorneys—including former Assistant United States Attorneys—skilled in the representation and defense of clients who face regulatory inquiries that often are associated with or result from the filing of major class action cases.
We have helped our clients successfully defend consumer class actions alleging a broad range of consumer fraud and other common law or statutory claims in many industries, including:
Professionals
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Washington, D.C.
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Los Angeles - Century City
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Washington, D.C.
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Los Angeles - Century City
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Chicago
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Los Angeles - Century City
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Los Angeles - Century City
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New York
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Chicago
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New York
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Chicago
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March 29, 2012
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January 2012
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September 1, 2011
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March 4, 2009
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May 8, 2008
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Represented one of the largest consumer finance companies in the United States against multiple class actions
filed in different jurisdictions across the country alleging claims for consumer fraud, fraud, unconscionability and unjust enrichment, among others, arising out of alleged predatory lending practices. Ultimately, after extensive motion practice and discovery, a comprehensive settlement favorable to the client was negotiated and approved by the Court.
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Represented consumer finance lender against claims of “predatory lending” practices directed at subprime borrowers.
Plaintiffs sought rescission of thousands of loans, damages and punitive damages. After filing a demurrer to the complaint, the case was settled prior to class certification by agreement to restructure named plaintiffs’ loans.
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Represented financial services company that had acquired a portfolio of automobile retail installment sales agreements
in a class action alleging violations of statutes governing automobile consumer finance disclosures. Plaintiffs sought rescission of class member loan agreements, damages and attorneys’ fees. After a motion to dismiss was filed, the plaintiffs voluntarily dismissed the entire action with prejudice.
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Represented company making high-interest, short-term “title loans” to consumers against consumer fraud and related claims challenging the interest and other terms of the loan agreements. After successfully enforcing arbitration clauses
in four named plaintiffs’ loan agreements, the matter settled on favorable terms.
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Obtained dismissal for car insurance company in a false advertising class action in which plaintiffs alleged that the defendant’s claims concerning “average savings” on insurance premiums were misleading.
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Represented major homeowners insurance company in a class action in which plaintiffs asserted that the defendant engaged in “insurance redlining” and violated Civil Rights Act. Class certification was denied and the ruling upheld on appeal.
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Represented company in connection with putative nationwide class claims for alleged violations of RICO, consumer fraud and breach of contract in connection with “forced placed” insurance practices.
RICO claims were dismissed and the dismissal was affirmed on appeal.
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Obtained dismissal of class action claims brought against car leasing company after asserting and sustaining groundbreaking counterclaims against plaintiff class.
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Represented retailer in putative nationwide class action alleging purported implied private rights of action under the Bankruptcy Code’s reaffirmation and discharge provisions, violations of the Bankruptcy Code’s automatic stay provisions,
consumer fraud and unjust enrichment. Obtained dismissal with prejudice of adversary complaint in Bankruptcy Court that was affirmed on appeal to the District Court and on further appeal to the Circuit Court of Appeals in a case of first impression in that circuit.
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Represented company that manufactured bed linens that were advertised and sold to consumers in two putative nationwide class actions alleging violations of the New Jersey Consumer Fraud Act.
Successfully moved for dismissal of first action for failure to state a claim and obtained voluntary dismissal of amended complaint after threatening to move for sanctions. Moved to dismiss the second action in coordination with co-defendant, after which the action was settled on favorable terms.
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Defended company in a class action alleging that it and other companies were liable for consumer fraud, breach of warranty and UCC claims in connection with the marketing and sale of VHS videotapes.
In coordination with counsel for other defendants, successfully moved for dismissal of original and amended complaints on multiple occasions, the last of which was with prejudice.
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Represented cellular telephone company in a class action alleging unfair business practices, false and misleading advertising and violations of the Consumer Legal Remedies Act.
The case was settled for less than one-tenth of one percent of the plaintiffs’ “hard dollar” demands.
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Represented electronics company in a class action relating to a Y2K-like flaw in the company’s product, which was resolved by providing a downloadable patch to owners of the device and low attorneys’ fee payment.
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Obtained dismissal of class action claims asserted against communications company alleging that the defendant had improperly charged its customers taxes that were not actually incurred or were in excess of fees that were actually incurred.
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Represented publicly held owner and operator of for-profit private postsecondary educational institutions in class action lawsuits by students alleging fraud and unfair and deceptive trade practices.
Cases handled by multiple offices of the Firm were settled in many different states.
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Represented hospital defendants in antitrust class actions alleging that the hospitals conspired to suppress nurses’ compensation.
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Achieved favorable settlements for major oil production companies in a class action involving alleged underpayment of royalties,
and for Ohio uranium processing plant operator in a class action in which plant workers alleged that they had been unduly exposed to hazardous substances.
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