With an ever-increasing patchwork of federal and state consumer protection statutes, companies face significant and diverse challenges from both regulators and putative consumer class members. Jenner & Block regularly represents the world’s largest and most respected companies against class actions and enforcement actions based on such consumer protection statutes, including matters involving false advertising, product liability/mass tort and violations of the Telephone Consumer Protection Act (TCPA), among other statutes.
Jenner & Block literally wrote the book on class actions – Volume 5 of Moore’s Federal Practice. We offer our consumer clients across all industries a combination of deep trial experience and extensive knowledge of the complexities of consumer class action law suits. Our lawyers are vigorous, innovative advocates who have won victories in federal and state courts across the country. We emphasize early strategic thinking with the goal of obtaining the best business result for our clients. We know how to achieve success long before trial through motions to dismiss, motions to compel arbitration, challenges to class certification and summary judgment. If it comes to trial, we know how to try consumer cases, as our opponents are well aware.
We have a broad range of experience defending clients against claims brought under:
- False advertising and marketing laws
- State unfair and deceptive acts and practices (UDAP) statutes
- Consumer privacy statutes, including TCPA
- Consumer finance regulations
- Representation and warranty claims
- Common law claims alleging consumer fraud, misrepresentations, unfair practices or other related misconduct
Few firms can match Jenner & Block’s experience in serving as national counsel and in managing multi-jurisdictional class actions. Our experience also includes serving as national coordinating counsel in connection with nationwide consumer and commercial claims. In this role, we have been principally responsible for defending against all potential claims (including business interruption, lost profits and brand damages) from global customers and their downstream business customers or commercial end-users throughout the nation.
Jenner & Block also has extensive experience helping companies navigate and resolve investigations and litigation related to consumer protection by government regulators at virtually every level. We have handled scores of matters in California initiated under Sections 17200 and 17500 brought by county district attorneys, the State Attorney General and private consumer plaintiffs. We have represented a major consumer lending company in its defense against first-of-its-kind litigation brought by the US Consumer Financial Protection Bureau (CFPB). In addition, we offer a nationally recognized Data Privacy and Cybersecurity practice, backed by our preeminent litigation team, to provide sophisticated counsel on numerous privacy and cybersecurity matters, including VPPA, COPPA, CAN-SPAM, HIPPA and the Fair Credit Reporting Act among many others.
Additionally, for more than 15 years, we have protected our clients in matters relating to TCPA and the impact it has on evolving technologies.
We also routinely represent companies that produce consumer products in disputes with distributors (both foreign and domestic), suppliers, contractors, joint ventures and competitors. Many of these actions involve complex allegations of breached contract provisions, intrusions on intellectual property rights, damage to sales and business opportunities, and tortious interference with prospective or existing business relations with third parties. Many cases also require experience in handling international arbitrations under the ICC, AAA/ICDR, LCIA or SCC, among others, and we have this experience. In addition, we have participated in ad hoc arbitrations conducted under the UNCITRAL rules, as well as domestic arbitrations before all major US institutional providers. Handling these matters requires not only knowledge of the relevant substantive law, but also an understanding of the client’s business and its objectives in the applicable markets over time. We pride ourselves on developing that understanding and using it to provide the finest representation in these disputes.