Background - Practices (Details)

Consumer Claims


Crowell & Moring's lawyers have substantial experience representing retail clients in a broad range of complex consumer class actions. Among other issues, we have defended 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 bench coupled with our knowledge of the industry and related practice areas. Where necessary, we also take advantage of our national coordinating counsel management skills, in which Crowell & Moring has particular experience. We are knowledgeable in the rules, procedures, and strategies involved in coordinating complex cases, through the U.S. Judicial Panel on Multidistrict Litigation and elsewhere, as well as other litigation coordination techniques designed to leverage favorable substantive rulings across jurisdictions and minimize duplicative discovery and litigation expense.

Representative Matters

  • Representation of AT&T in multidistrict litigation (MDL) consumer class action matters involving iPhones 3G, iPads and iPhone 4
  • Representation of a nationwide wireless products and services provider in various consumer class actions, including two MDL proceedings, with allegations ranging from product defects to marketing misrepresentations about service features, to improper billing practices; many of these cases include claims under state consumer protection laws, such as 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 U.S. Court of Appeals for the Ninth Circuit
  • Representation of, 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 and prior to depositions or class action briefing, we negotiated a stipulated voluntary dismissal of plaintiffs' claims without payment of any settlement or finding of liability
  • Representation of a manufacturer of personal computers against a consumer class action challenging the company's Internet sales tax practices
  • Representation of an international retailer against consumer claims alleging discrimination based on race