Consumer Class Action Defense Lawyers

Legal Defense Against Consumer Class Action Cases

We have seen a significant increase in the number of consumer class action cases against marketers and advertisers relating to allegations of false advertising and deceptive trade practices. Many of these claims relate to direct marketing practices such as:

• Sufficient substantiation to support product claims
• Advance consent/negative option programs or upselling
• Excessive shipping and handling charges
• Telecommunications services and allegations of cramming
• Charges for enhanced value services
• Overstated shipping and handling charges
• Legal challenges to BOGO (buy one, get one) offers
• Overstatement of product performance

The consumer class action cases have impacted telecommunication companies, sellers of healthcare product providers, fitness products, and numerous household products.

Experienced Litigators in State and Federal Courts

At Olshan our law practice is evenly divided between proactive assistance to help clients avoid legal challenges and litigation when clients face challenges from competitors or from the public. Our advertising and marketing litigation lawyers are experienced trial attorneys who aggressively defend our clients' interests in advertising litigation, in regulatory litigation and in consumer class action lawsuits in state and federal court.

We have substantial experience defending corporations in class actions. Our experience includes:

• Class actions under New Jersey's Consumer Fraud Act
• Class actions under California's Business & Professions Code (§17200)
• Class actions under Illinois' Consumer Fraud and Deceptive Business Practices Act
• Motion to dismiss granted in lawsuit by Verizon and OnStar seeking tens of millions of dollars in damages for alleged robocalls (reported decision: Cellco v. Dealers Warranty, LLC, 2010 U.S. Dist. Lexis 106719)
• Obtained summary judgment in New Jersey state court class action challenging buy-one-get-one-free promotion
• Obtained dismissal of New Jersey state court class action alleging false advertising of nutritional supplement
• Obtained favorable settlements in District of New Jersey, Northern District of Illinois and New Jersey and New York state court class actions alleging cramming charges on consumer telephone bills

Experienced Consumer Class Action Defense Attorneys

When your business needs a strong, experienced defense to fight consumer class action lawsuits alleging consumer fraud and false advertising, contact the Advertising, Marketing & Promotions Group at Olshan.