Overview
Stephen Newman handles class action defense and other representative litigation, including multidistrict cases, as well as proceedings launched by government officials on behalf of the general public. He has extensive experience representing companies including internet businesses, retailers, banks, insurers and manufacturers under California's Unfair Competition Law and Consumers Legal Remedies Act. He also has handled many matters involving the Fair Credit Reporting Act, the Truth in Lending Act, the Fair Debt Collection Practices Act and similar state statutes.
Stephen's extensive experience extends to data security, consumer privacy, securities fraud, insurance and accountancy and actuarial malpractice. He also first-chaired TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), in the trial court, developing the record supporting the Supreme Court's ultimate conclusion that consumer plaintiffs cannot recover statutory damages without proving concrete injury-in-fact. The case has broad, pro-defense implications for privacy cases as well as for a broad range of cases brought under consumer protection statutes. His defense of the Museum Security Network in Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003), was acknowledged by the Electronic Frontier Foundation to "cement a growing consensus among courts that [the Communication Decency Act’s] § 230 granted Internet publishers broad protection for publishing third party content." According to a historian of the internet, this was "the first binding interpretation of Section 230 in the part of the country where it mattered most." Kosseff, The Twenty-Six Words that Created the Internet (2019).
Stephen also contributed pro bono assistance that helped free Mario Rocha, a teenaged murder suspect. This case was the subject of a 2006 documentary, Mario's Story, which won Best Documentary Feature at the Los Angeles Film Festival in that year. Stephen also led a significant matter for the Disability Rights Law Center, resulting in an agreement by a major shuttlebus service provider to guarantee wheelchair access on all vehicles within its system, and for that matter was honored at the DRLC’s 2022 annual Franklin Delano Roosevelt dinner.
In 2009, Stephen was recognized at the Library of Congress by the William C. Burton Foundation for excellence in Plain English legal writing.
- California
- Supreme Court of California
- Supreme Court of the United States
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- US District Court, District of Colorado
- US District Court, Central District of Illinois
- US District Court, Northern District of Illinois
- US District Court, Southern District of Illinois
- US District Court, Northern District of Indiana
- US District Court, Southern District of Indiana
- US District Court, Eastern District of Michigan
- US District Court, Western District of Michigan
- US District Court, District of Nebraska
- US District Court, Eastern District of Wisconsin
- US Court of Appeals, Second Circuit
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Seventh Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Eleventh Circuit
- US Court of Appeals, District of Columbia Circuit
- Hon. M. Blane Michael, US Court of Appeals, Fourth Circuit, 1995-1996
- J.D., University of Chicago Law School, 1995, with honors; Member, The University of Chicago Law Review
- A.B., Harvard University, 1992, magna cum laude, Economics; Member, The Harvard Crimson
Areas of Work
Representative Matters
- People v. Synchrony Bank (Los Angeles County Superior Court 2021) (assisted in resolving complex government claims under the Unfair Competition Law based on debt collection practices).
- In re Zappos.com, Inc. Customer Data Security Breach Litig. (D. Nev. 2019) (obtained approval of a unique class settlement structure, overcoming more than 100 objections to the settlement).
- Confidential Client (2019) (coordinated with law enforcement to retrieve possession of a computer with sensitive information that had been taken by a company employee after termination of her employment; provided counseling on notification obligations under US and EU law; worked with technical consultants to confirm that all data downloaded from device was deleted from all locations without further transmission).
- Pedro v. Equifax, Inc., 868 F.3d 1275 (11th Cir. 2017) (affirming dismissal of Fair Credit Reporting Act litigation).
- Epstein v. JPMorgan Chase & Co., 2014 WL 1133567 (S.D.N.Y. Mar. 21, 2014) (dismissing class action relating to credit balances on credit card accounts)
- Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876 (9th Cir. 2010) (affirming summary judgment in favor of credit bureau on claim challenging reinvestigation practices)
- Lee v. American Express Travel Related , Inc., 348 F. Appx. 205 (9th Cir. July 10, 2009) (rejecting challenge to arbitration clause).
- Sanchez v. American Express Travel Related Services Co., 865 N.E.2d 410 (Ill. App. Ct. 2007) (affirming summary judgment in case relating to foreign currency conversion practices).
- Berry v. American Express Publishing, Inc., 147 Cal. App. 4th 224 (2007) (establishing that Consumers Legal Remedies Act does not regulate credit agreements).
- Baker v. Washington Mutual Finance Group, LLC, 193 Fed. Appx. 294 (5th Cir. July 24, 2006) (approval of complex class action settlement).
- Discover Bank v. Superior Court, 134 Cal. App. 4th 886 (2005) (upholding class action waiver and compelling arbitration).
- Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) (establishing immunity for internet publisher against defamation suit).
- Wiz Technology, Inc. v. Coopers & Lybrand, 106 Cal. App. 4th 1 (2003) (affirming summary judgment in accountants’ liability case).
- Cel-Tech Communications, Inc. v. Los Angeles Cellular Tel. Co., 20 Cal. 4th 163 (1999) (counsel for amicus curiae Los Angeles Area Chamber of Commerce in Unfair Competition Law/Unfair Practices Act matter).
Speaking Engagements
- Speaker, "California 2022 Unfair Practices Update: The Unfair Competition Law and the Consumers Legal Remedies Act," INFiN MoneyTrends 2022, October 12, 2022
- Speaker, "Recent U.S. Supreme Court and California Arbitration Developments," INFiN MoneyTrends 2022, October 11, 2022
- Speaker, "2021 Annual Overview of California’s Unfair Competition Law and Consumers Legal Remedies Act," March 4, 2021
- Speaker, "California - Year in Review and a Look Ahead," December 16, 2020
- Panelist, "State Regulatory & Enforcement Trends," General Counsel Conference, August 11, 2020
- Podcast, "The Constitution and Robocalls," Daily Journal, July 10, 2020
- Panelist, "Understanding the Changes to California's Unfair Competition Law," June 17, 2020
- Speaker, "Credit Reporting Issues Resulting from the Coronavirus Emergency," May 8, 2020
- Panelist, "Charging Into the New Decade - A Look at California's Expansive Regulatory Moves," January 23, 2020
- Speaker, “Counseling Your Clients: Consumers, Banks and Businesses,” HarrisMartin’s Equifax Data Breach Litigation Conference, November 10, 2017
- Speaker, Metro 2, e-OSCAR and the New FCRA/CFPB Compliance Requirements, Lorman Education Services Webinar, January 2016
- Panelist, "Data Security and Privacy Issues," PLI's 20th Annual Consumer Financial Services Institute, April 6–7, 2015
- Speaker, "Best Practices for Drafting Arbitration Clauses," Bridgeport Continuing Education, Webinar, June 18, 2014
- Panelist, "Class Action Developments," Practising Law Institute's 18thAnnual Consumer Financial Services Institute, 2013
- Presenter, Bridgeport Continuing Education’s Annual Class Action Litigation Conferences, 2009, 2010, 2011, 2014
News & Publications
Client Alerts
State Oversight: The Next Frontier for Consumer Protection
April 9, 2025
By: Julia B. Strickland, Benjamin M. Saul, Stephen J. Newman, Andrew Owens, Juliana Gerrick, Tarrian L. Ellis, Nathaniel Sans
Client Alerts
California's Unfair Competition Law and Consumers Legal Remedies Act - 2024 Annual Overview
March 6, 2025
By: Julia B. Strickland, Stephen J. Newman, Christopher R. Fredrich, Raymond A. Garcia, David W. Moon, Julieta Stepanyan
Client Alerts
California's Unfair Competition Law and Consumers Legal Remedies Act - 2023 Overview
March 25, 2024
By: Julia B. Strickland, Stephen J. Newman, Christopher R. Fredrich, Andrew Owens
Publications
California’s Unfair Competition Law and Consumers Legal Remedies Act 2022 Annual Overview
September 19, 2023
By: Julia B. Strickland, Stephen J. Newman, Christopher R. Fredrich, Andrew Owens
Media Mentions
Media Coverage of Steptoe's Expansion of Financial Services, and Insurance and Reinsurance Teams
July 28, 2023
Events
Webinars
California Latest Developments: The Unfair Competition Law and the Consumers Legal Remedies Act
March 25, 2025
Speakers: Stephen J. Newman, Julia B. Strickland, David W. Moon
Webinars
Legal Strategies and Practical Business Considerations for Dealing with Mass Arbitrations
October 8, 2024
Speakers: Stephen J. Newman, Jennifer Quinn-Barabanov
Seminars & Events
Advertising and Consumer Protection Legal Forum
May 9, 2024
Speakers: Joan Baughan, Eric Berman, Daniel Blynn, Ruxandra Cana, Christopher R. Fredrich, Surya Kundu, Joseph McClure, Stephen J. Newman, Jeff Potts, Jennifer Quinn-Barabanov, Daniel C. Rubenstein, Julia B. Strickland
Noteworthy
- Recognized at the Library of Congress by the William C. Burton Foundation for excellence in Plain English legal writing.
Authored Articles
- "$100M Vonage Settlement Shows FTC's 'Dark Pattern' Focus," Law360, December 19, 2022
- "New Limits on Standing to Pursue Statutory Damages Claims," Banking & Financial Services, November 2021
- "California's UCL and CLRA: Open Issues for 2021 and Beyond," Daily Journal, March 4, 2021
- "Credit Reporting Under the CARES Act . . . and Beyond," The Review of Banking & Financial Services, Vol. 36, No. 11, December 7, 2020
- "Justice Thomas' Evolving Pro-Consumer Jurisprudence," Daily Journal, May 30, 2019
- "Recent Developments under the Service Members Civil Relief Act and the Military Lending Act," The Review of Banking and Financial Services, August 2016, Vol. 32, No. 8
- "Recent Developments in the Law Governing the Fiduciary Duties of Bank Directors," The Banking Law Journal, January 2016
- "Where class actions belong," Daily Journal, May 6, 2015
- "Recent Developments in Data Furnisher Liability under the Fair Credit Reporting Act," The Banking Law Journal, January 15, 2015
- "US high court could resolve pure 'injury-in-law' split," Daily Journal, November 25, 2014
- "Proof of Personal Jurisdiction in the Internet Age," 59 Jur. Proof of Facts 3d 1 (2000)
- "Kill the "Mere Color" Rule: Equal Protection for Color under the Lanham Act," 61 Chi. L. Rev. 1595 (1994)
Media Mentions
- "Arbitration Stay Ruling May Lower Class Action Defense Costs," Law 360, June 23, 2023
- "High court OKs Facebook texts to non-customers," Daily Journal, April 2, 2021
- "Supreme Court Backs Facebook, Limits Federal Robocall Ban (2)," Bloomberg Law, April 1, 2021
- "Calif. High Court Establishes Tougher Antitrust Pleading Rules," Law360, August 4, 2020
- "Companies Not Liable for Interfering With At Will Contracts, California Supreme Court Rules," com, August 3, 2020
- "Compassionate Observation, Listening and Learning to Better Solve Disputes," Red Diamonds Features, July 30, 2020
- "Justices Keep TCPA Litigation Machine Churning for Now," Law360, July 6, 2020
- "Attorneys are busy persuading authorities their clients business is essential," Daily Journal, April 17, 2020
- "Proof of Causation Likely Defense in Virus-Related Premises Liability Cases," Daily Journal, April 7, 2020
- "Lawsuits Following Unsolicited Marketing Texts Keeps Pressure on TCPA Compliance," LegalTech News, March 6, 2020
- "How The High Court Could Reshape The TCPA's Future," Law360, January 15, 2020
- "Which consumer issues are on the legal docket for 2020?," Consumer Affairs, January 3, 2020
- "Consumer Protection Cases To Watch In 2020," Law360, January 1, 2020
- "SEC: Transition From LIBOR Has Taken On 'Urgency,'" Compliance Week, July 26, 2019
- "Tribune Co shareholders' legal woes over 2007 buyout near end," Reuters, January 9, 2017
- "Justices disagree in case involving DirecTV class-action lawsuit," Los Angeles Times, October 6, 2015