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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

Stalking Social Media: The Rise in Counterfeit Products and Intellectual Property Concerns (October 4, 2019). Authors: David Ervin and Siri Rao.
"Rulemaking on the Way? The FTC is Seeking Input by October 11 on its "Made in USA" Claims Policy," Advertising & Product Risk Management Alert (October 2, 2019). Contact: Lauren Aronson
Client Alert/Newsletter
Breaking: Democrat Robert Adler to Take Helm of Product Safety Agency (September 16, 2019). Author: Matthew Cohen.
The Unregistered Community Design to conquer the European fashion industry (September 13, 2019). Authors: Judith Bussé and Frances Caudron.
ITC Publishes Final Rule Regarding Filing of Miscellaneous Tariff Bill (MTB) Petitions (September 3, 2019). Authors: John B. Brew, Frances P. Hadfield, Aaron Marx, Walter (Sam) Boone and Edward Goetz.
Clothing Importer Faces FCA Suit and Criminal Charges for Undervaluing Goods (August 22, 2019). Authors: Frances P. Hadfield and Allegra K. Flamm.
L’Oreal USA Loss Highlights Importance of Nondisclosure Agreements (August 15, 2019). Authors: Anne Elise Herold Li, Michelle Chipetine and Mena Gaballah, PharmD.
Fashion Industry Affected by USTR’s Proposed 10 Percent Ad Valorem Tariff on Imports from China (August 14, 2019). Authors: Frances P. Hadfield and Cherie Walterman.
E-Commerce in Europe: More Fines, More Problems (For Brand Owners) (August 9, 2019). Authors: Sean-Paul Brankin and Marieke Van Nieuwenborgh.
The EU Cybersecurity Act: Addressing the Risks of a Connected Europe (August 2, 2019). Author: Maarten Stassen.

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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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