Consumer Class Action Defense

Companies involved in the manufacture, processing, distribution, or sale of regulated products are frequently confronted with putative class actions. The potential for class certification raises the financial stakes for defendants, and the accordant publicity, often sought out by the class action lawyers that bring these cases, can negatively impact a company’s reputation. This is a particular concern for companies in the food industry, as well as the drug and medical device industries.

Our litigation team has extensive experience with class actions, including the procedural complexities of class certification. We have successfully resolved numerous class actions and other forms of representative consumer litigation without settlement payment or injunctive relief.

Often a business will receive a demand letter from a class action attorney alleging that a product was mislabeled, falsely advertised, or in some other respect in violation of consumer protection or unfair and deceptive trade practice statutes and purporting to bring suit on behalf of a nationwide class. Often the putative class alleged in these letters cannot be certified on a national level or a statewide level. We have the knowledge and experience to successfully challenge arguments for class certification.

Frequently, our ability to counter arguments for class certification, combined with our specialized ability to address substantive claims involving regulated products results in the class action attorney simply dropping the potential case.

If, however, a case proceeds to litigation, our experienced team has the expertise in both the procedural aspects and the merits to defend an alleged consumer class action efficiently and effectively.