Jenner & Block

Consumer Class Action

  • Secured a summary judgment in favor of the third largest telecommunications company in the country.  A class action lawsuit alleged that the client violated the federal Electronic Communications Privacy Act (ECPA) when it allowed a defunct Internet advertising company to access customers’ web communications.  The trial court granted summary judgment in our client’s favor and the Tenth Circuit affirmed the lower court’s decision.
  • We defended a nationwide operator of membership campgrounds against a class action alleging violations of state campground disclosure laws and state consumer protection statutes.  The trial court denied class certification and agreed with our arguments about the nature of the statutory obligations.  The court also found that the remedies permitted under the statutes were inconsistent with class relief, refused leave to amend the complaint to add additional class representatives with different claims, and rejected further class discovery.
  • Defended leading American automobile distributor in an action asserting consumer fraud, deceptive trade practice, and warranty claims on behalf of putative California and Texas classes regarding an alleged vehicle defect.  We obtained dismissal of the case in the district court on jurisdictional grounds under the Class Action Fairness Act.
  • Obtained dismissal of our client as a defendant in a suit related to the Illinois State Toll Highway Authority's plan to increase tolls on its Chicago system, seeking a preliminary injunction and damages on behalf of all Tollway users.
  • Represented a leading international food manufacturer in a consumer class action involving alleged violations of state consumer fraud, false advertising, and unfair business practice statutes in the marketing of various snack food products.  We filed a motion to dismiss the complaint, following which the plaintiff voluntarily dismissed the lawsuit.
  • Represented a leading international food manufacturer in consumer class actions involving alleged violations of state consumer fraud, false advertising, and unfair business practice statutes in the marketing of various snack food products.  We  transferred and consolidated two similar actions pursuant to the first-to-file rule, had portions of the complaint dismissed and then obtained a denial of the plaintiffs’ motion for class certification.
  • Represented a marketing company in a consumer class action involving alleged violations of state consumer fraud and unfair business practice statutes in marketing of loyalty and membership programs.  We opposed the plaintiff’s motion for class certification, and the plaintiff voluntarily dismissed the lawsuit.
  • Defended our client against a putative nationwide class action alleging that the client violated the Telephone Consumer Protection Act by sending unsolicited facsimile messages.
  • Represented a prominent pharmaceutical company in a variety of civil actions filed in the wake of a criminal prosecution, including the defense of a class action filed on behalf of patients who alleged that grant payments constituted illegal kickbacks.  We obtained dismissal of the case in the trial court, and the dismissal was affirmed on appeal. 
  • Represented a leading international food manufacturer in consumer class action involving alleged violations of state consumer fraud and unfair business practice statutes in marketing of a well-known cereal.  The complaint was dismissed with prejudice. 
  • Represented leading shareholder communications firm in consumer fraud class action.  Obtained a dismissal with prejudice of claims based on RICO, common law fraud, New York consumer fraud and aiding and abetting breach of fiduciary duty, as well as a denial of motion for class certification. 
  • Defended a major international lodging company in a putative class action in federal district court in New Jersey that alleged violations of the federal Real Estate Settlement Procedures Act, as well as claims for breach of fiduciary duty and fraud, regarding the sale of timeshare interests by a company subsidiary.  We won the case on a motion to dismiss. 
  • Represented a restaurant franchisor in class litigation alleging violation of credit card reporting laws.  We obtained dismissal of the complaint with prejudice. 
  • Represented an auto insurer who used CCC Information System software in its claims handling and was sued in Madison County, Illinois along with a defendant class of other auto insurance carriers.  The plaintiffs’ class alleged that the claims handling practices of the defendant insurers deprived policyholder claimants of the full value of their claims.  The case settled on favorable terms.
  • Represented a large national bank in a class action asserting claims against our client under the Telephone Consumer Protection Act (TCPA), a statute that prohibits the transmittal of unsolicited advertising material by fax and sets forth a statutory penalty of $500 for each fax sent, an amount that can be trebled to up to $1,500 per fax for knowing and willful violations.  We achieved a favorable settlement.
  • Defended a prominent national rewards firm against claims based on violations of state usury laws and unfair and deceptive trade practices.  The case settled on favorable terms.
  • Represented a Fortune 500 retailer in class action litigation in Madison County, Illinois brought against numerous manufacturers, distributors and retailers of mini-blinds alleging claims of breach of warranty, breach of covenants of good faith and fair dealing, common law fraud, deceptive practices and civil conspiracy.
  • Represented a Fortune 500 company in the Southern District of Illinois in class action litigation against claims of consumer fraud, breach of warranty, unjust enrichment and negligent misrepresentation related to the manufacture, sale and marketing of allegedly defective outdoor furniture.
  • Representing a Fortune 500 company in a nationwide class action pending in Spokane County, Washington against claims of strict products liability, consumer protection liability, negligence and breach of warranty for the manufacture, sale and marketing of allegedly defective dinnerware in which plaintiffs seek implementation of a product warning and recall.
  • Represented a global leader in the computer industry in nationwide class actions involving a variety of product performance claims, advertising practices, and industry practices for the utilization of returned parts.
  • Represented an automobile manufacturer in the District of New Jersey in a putative consumer class action against claims of consumer fraud, breach of warranty and breach of contract based on allegations that brakes on one of the manufacturer’s automobiles were defective.
  • Represented the leader in the residential mortgage lending industry in a variety of class actions involving TILA, RESPA, and state law claims relating to mortgage closing or servicing fees.
  • Achieved a landmark settlement for 22,000 New York City tenants in a significant pro bono case.  The settlement included an independent and streamlined claims administration process and establishment of a $2.5 million fund to assist the tenants in asserting their rights. 
  • Represented a nationwide class of plaintiffs, on a pro bono basis, who used electronic fund transfer services to send funds to Mexico.  Plaintiffs challenged defendants’ failure to disclose the exchange rate mark-up to their customers.  We litigated claims of racial discrimination as well as claims under the federal civil rights statutes, RICO and for common law fraud.  We achieved a $375 million coupon settlement as well as injunctive relief on a nationwide basis for the benefit of the minority class.
  •  Represented a class of residents, on a pro bono basis, who claimed that redevelopment activities undertaken by the Village of Addison in several predominately Hispanic neighborhoods were motivated by the ethnicity of the residents.  We served as joint plaintiffs’ counsel with the U.S. Department of Justice in Washington, D.C.  Among the claims filed by the class were discrimination claims under 42 U.S.C. §§ 1981, 1982, and 1983.  We negotiated what was, at the time, the largest settlement of a federal civil rights fair housing lawsuit in favor of members of a racially discriminated class and achieved an award that included injunctive relief and relocation expenses.
  • Represented a class of more than 1,000 African American families, as co-lead counsel, who asserted that they were the victims of race discrimination in the financing of new home purchases.
  • Defending a leading American automobile distributor in a three-count class action alleging warranty and deceptive trade practice claims in relation to an alleged vehicle defect.  We achieved a reversal of the trial court’s certification of two counts at the appellate court.  Trial on the third count will take place in the near future.