Consumer Class Action Defense

Steptoe offers clients one of the leading consumer class action defense practices in the United States.  We have the experience to defend companies and their products and services against claims challenging safety, alleging property damage, and claiming false advertising and misrepresentation.  The Legal 500 US calls us a “cost effective group” that is “valued for its ‘exceptional skill and service.’”

When necessary, our trial lawyers are ready, willing, and able to take a case to verdict before judges and juries.  We have been recognized by Chambers USA and Law360, which has named several of our first-chair litigators as “Trial Aces.”  We effectively address the risks raised by class action litigation, including potential regulatory and criminal liability, and the reputational risks that are frequently more important than the monetary exposure.

We have achieved successful results for clients at every phase of the class action litigation process in both trial and appellate courts, in jurisdictions across the country.  These successes include obtaining dismissals of class action complaints, defeating class certification, Rule 23(f) appeals of class certification decisions, excluding plaintiffs’ expert witnesses, winning summary judgment motions, prevailing at trial or on appeal, and obtaining settlements that effectuate the maximum possible scope and binding effect of the settlement so that they are highly favorable to clients. 

Our trial-ready approach is complemented by our practical business judgment and creativity.  We have developed refunds, recalls and other innovative solutions that in some cases have mooted class claims entirely, and in others, have significantly reduced the scope of those claims.  

Representative Matters

  • Defending electronic learning toy company in a Federal Trade Commission investigation and a series of consumer class actions -- among the first of their kind -- asserting diminished value claims based on a data breach involving online products and applications
  • Defending a high-profile individual in class actions and related government investigations arising from alleged use of inside information in the online fantasy sports industry
  • Defending marketing company against putative class claims under the Telephone Communications Privacy Act (TCPA)
  • Defending group of distributors against diminished value and property damage claims arising from allegedly defective windows
  • Defeated class certification motions in multi-district consumer class actions relating to BPA in plastic bottles and children’s sippy cups
  • Defeated or obtained voluntary dismissals of approximately a half dozen state or nationwide class actions claiming property damage as a result of allegedly defective wood decking without paying a single dollar in settlement
  • Obtained dismissal of putative class action challenging a manufacturer’s representations about the efficacy of its cosmetic product
  • Served as national coordinating counsel for major wireless carrier in several class actions alleging diminished value and other economic injuries as a result of alleged product defects involving complex preemption and jurisdictional issues
  • Successfully defended grocery and drug store companies in more than ten consumer class actions alleging misleading advertising and product labeling
  • Won motion to dismiss in a class action lawsuit filed in federal court against a major consumer software manufacturer, alleging breach of contract and consumer fraud
  • National defense counsel to food manufacturer, setting overall defense strategy, handling scores of claims, as well as defending several lawsuits and arbitrations arising from nationwide recall of food product
  • Represented third party that successfully avoided implication in large scale product liability class action arising out of alleged automotive defect
  • Represented an international computer manufacturer in a product liability putative class action involving a computer design defect

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