Retail: Consumer Actions

Crowell & Moring attorneys have substantial experience representing retail clients in consumer litigation, including complex consumer class actions.  Our experience extends to defending retailers against claims of false advertising, unfair business practices, fraud, antitrust, Constitutional violations, consumer privacy and credit breaches, and disability and discrimination violations.

Our class action practice draws upon our deep litigation expertise coupled with our knowledge of the industry and practice areas. It also frequently brings into play our national coordination management skills, in which Crowell & Moring has special expertise. We are knowledgable in the rules, procedures and strategies involved in coordinating complex cases, through the Judicial Panel for Multi-District Litigation and otherwise, as well as other litigation coordination techniques designed to leverage favorable substantive rulings across jurisdictions and minimize duplicative discovery and litigation expense.

Representative matters in the retail industry include:

• Representation of a nationwide wireless products and services provider in various consumer class actions, including two multi-district litigation proceedings, with allegations from product defects, to marketing misrepresentations about service features, to improper billing practices.  Many of these cases include claims under state consumer protection laws, including the California Consumer Legal Remedies Act and Unfair Competition Law (sections 17200 and 17500).
• Representation of an international retailer in defending against multiple representative and class actions alleging unfair competition, false advertising and statutory violations. Obtained judgment at the pleading stage in a putative class action filed in federal court alleging violations of federal and state constitutional rights and seeking several million dollars. Judgment was affirmed by the Ninth Circuit.
• Defended Amazon.com, Sears, Kmart and Target Corporation in a California Business & Professions Code § 17200, Consumer Legal Remedies Act and false advertising action challenging computer printer sales.
• Representation of a retailer in a putative class action alleging violations of the Fair and Accurate Credit Transactions Act (“FACTA”).  Crowell & Moring led a joint defense group to coordinate strategy and share costs with other defendants.  Through an aggressive defense, we negotiated a stipulated voluntary dismissal of plaintiff’s claims without payment of any settlement or finding of liability and prior to depositions or class action briefing. 
• Representation of a manufacturer of personal computers in defending against a consumer class action challenging the company’s Internet sales tax practices.
• Defended an international retailer against consumer claims alleging discrimination based on race.

Highlights