Consumer Actions

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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

President Biden Signs Safe Sleep Act, Banning Infant Inclined Sleepers and Crib Bumpers (May 18, 2022). Author: Matthew Cohen.
Recall Litigation Report: Consumers Bring Class Action Lawsuit Against Ellume Refusing to Refund Recalled COVID-19 Home Tests (April 11, 2022). Authors: Rachel Raphael and Jessica D. Gilbert.
Recall Litigation Report: Exactech Joint Replacement Products (April 7, 2022). Authors: Rachel Raphael and Julia Carbonetti.
NAD Makes Clear that “Woke Washing” is False Advertising (March 7, 2022). Authors: Lauren Aronson and Helen Osun.
FTC Ramps Up Enforcement on Consumer Reviews (March 4, 2022). Authors: Lauren Aronson and Suzanne Trivette.
Recall Litigation Report: E25Bio Inc. COVID-19 Rapid Antigen Tests (February 25, 2022). Authors: Rachel Raphael and Lily Ting Hsu.
"California Recyclability Labeling Scrutiny Poised to Increase Retailers’ Liability Risk," Retail Law Alert (January 10, 2022). Contacts: Clayton S. Friedman, Michael Yaghi, Christopher A. Cole, Suzanne Trivette
Client Alert/Newsletter
Uyghur Forced Labor Prevention Act Signed into Law (January 5, 2022). Authors: Jeffrey L. Snyder, Jackson C. Pai and Martín Yerovi.
Peloton and lululemon Yet to Work Things Out, File Cross Lawsuits (December 8, 2021). Authors: Preetha Chakrabarti and Suzanne Trivette.
Recalls in Review: Magnet-Related Recalls (October 29, 2021). Authors: Carolyn W. Wagner and Colleen Johnson.

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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