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Crowell & Moring lawyers have substantial experience representing retail clients in consumer litigation, including complex consumer class actions. Our experience extends to defending retailers against claims of false advertising, unfair business practices, fraud, antitrust, constitutional violations, consumer privacy and credit breaches, and disability and discrimination violations.

Our class action practice draws upon our deep history as litigators, coupled with our knowledge of the industry and related practice areas. We all take advantage of our national coordination management skills, in which Crowell & Moring has significant experience. We have extensive knowledge of the rules, procedures, and strategies involved in coordinating complex cases, through the Judicial Panel on Multidistrict Litigation and otherwise, as well as other litigation coordination techniques designed to leverage favorable substantive rulings across jurisdictions and minimize duplicative discovery and litigation expense.

Representative Engagements

  • Represented a nationwide wireless products and services provider in various consumer class actions, including two multidistrict litigation proceedings, with allegations ranging from product defects, to marketing misrepresentations about service features, to improper billing practices. Many of these cases include claims under state consumer protection laws, including the California Consumer Legal Remedies Act and Unfair Competition Law (sections 17200 and 17500).
  • Represented an international retailer in defending against multiple representative and class actions alleging unfair competition, false advertising, and statutory violations. Obtained judgment at the pleading stage in a putative class action filed in federal court alleging violations of federal and state constitutional rights and seeking several million dollars. Judgment was affirmed by the U.S Court of Appeals for the Ninth Circuit.
  • Defended, Sears, Kmart, and Target Corporation in a California Business & Professions Code § 17200, Consumer Legal Remedies Act and false advertising action challenging computer printer sales.
  • Represented a retailer in a putative class action alleging violations of the Fair and Accurate Credit Transactions Act (FACTA). Crowell & Moring led a joint defense group to coordinate strategy and share costs with other defendants. Through an aggressive defense and prior to depositions or class action briefing, we negotiated a stipulated voluntary dismissal of the plaintiff's claims without payment of any settlement or finding of liability.
  • Defended an international retailer against consumer claims alleging discrimination based on race.

View More

Clean Beauty…or Dirty Business? (February 19, 2020). Authors: Christopher A. Cole and Sari Schreiber.
Doing Business in China – Managing “Fapiaos” (February 4, 2020). Authors: Nicole Janigian Simonian, Jackson C. Pai, Evan Y. Chuck and Ye Zhou.
Recalls in Review: Crib Recalls (January 31, 2020). Author: Carolyn W. Wagner.
CPSC Reporting: Best Practices for Investigating Safety Complaints (December 23, 2019). Authors: Jessica D. Gilbert and Carolyn W. Wagner.
European Copyright: Memes, GIFs, and Other Images on the Internet (December 18, 2019). Authors: Judith Bussé and Frances Caudron.
Solving for Stupid: How Far should the CPSC Stretch to Address Foreseeable Misuse (December 11, 2019). Authors: Cheryl A. Falvey, Carolyn W. Wagner and Matthew Cohen.
China Customs and Intellectual Property Rights Protection (December 10, 2019). Authors: Nicole Janigian Simonian, Jackson C. Pai and David R. Stepp.
Eco-friendly or falsely advertised? Sustainable fashion advertising in Europe: do’s and don’ts (December 4, 2019). Authors: Judith Bussé and Laura van Kruijsdijk.
What Retailers Can Learn from the Revlon ERP/Securities Class Action (November 26, 2019). Authors: Arthur (Art) Beeman, Joel T. Muchmore and Molly A. Jones.
"CBD and Pet Products: Regulatory Update," American Pet Products Association (November 21, 2019). Speakers: John Fuson and Amanda Lineberry.

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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