Jenner & Block

Consumer Class Action

  • Representation of 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. 
     
  • Representation of 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. 
     
  • Representation of 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 dismissal of motion for class certification. 
     
  • Representation of a major international lodging company in defense of 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, in connection with the sale of timeshare interests by a company subsidiary.  Jenner & Block won the case on a motion to dismiss. 
     
  • Obtained a dismissal of an alleged FDCPA class action brought against our client, a leading rent-to-own company.
     
  • Representation of a restaurant franchisor in class litigation alleging violation of credit card reporting laws.  We successfully obtained dismissal of the complaint with prejudice. 
     
  • Representation of an auto insurer who used CCC Information System software in its claims handling and was sued in Madison County, Illinois along with a purported defendant class of other auto insurance carriers.  The purported 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.
     
  • Representation of 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 were able to achieve a favorable settlement for our client after threatening to challenge the constitutionality of the TCPA in the appellate courts and to vigorously oppose a motion for class certification. 
     
  • Representation of prominent national rewards firm in defense of claims based on violations of state usury laws and unfair and deceptive trade practices.  The case settled on favorable terms. 
     
  • Representation of a lottery company against consumer fraud class action claims.  The case settled on favorable terms.
     
  • Representation of 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.
     
  • Representation of 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. Plaintiffs seek damages and an injunction preventing the future sale of the product.
     
  • Representation of 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.
     
  • Representation of 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.
     
  • Representation of 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.
     
  • Representation of 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.
     
  • Representation of a national retailer in the nationwide settlement of claims involving consumer bankruptcy reaffirmation agreements.
     
  • Representation of a credit lending company in putative class actions brought under the FDCPA and the FCRA.
     
  • Representation of a mortgage company and its affiliates in a series of nationwide class actions related to escrow and mortgage collection practices.  These matters involve alleged violations of RESPA and contract laws governing all forms of mortgage documentation.
     
  • Representation of many financial institutions in defending alleged consumer class actions concerning the charging of various courier fees at mortgage loan closings.
     
  • Representation of a large mail order office supply company in class action litigation challenging the manner in which the company sold its products.  
     
  • Representation of defendants in two TCPA class actions, one against a large national publishing company in the United States District Court for the Northern District Illinois, and the other against an equipment company in the Illinois state court.
     
  • Representation of 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.  
     
  • Representation of 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.  Jenner & Block 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 ever 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.
     
  • Representation of 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.