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Consumer Class Actions

As a premier consumer class action defense firm, Arnold & Porter provides thoughtful analysis, creative strategy, and zealous advocacy for claims arising from a broader context of challenges by advocacy groups and government officials to a product or business practice. Our deep experience — coupled with knowledge of the key plaintiffs lawyers and the intricacies of the laws they frequently invoke — lets us assess claims quickly to implement cost-effective approaches based on your business goals. Equally adept at defending on procedural (e.g., class certification or arbitration agreements) and substantive grounds, we develop and present arguments built on deep understanding of regulatory regimes and opinions of scientific and technical experts. We optimize outcomes by working closely with your public relations and lobbying professionals, industry associations, and joint defense groups.

  • Subject Matter Expertise: Our deep bench of regulatory lawyers and access to industry professionals equip us to defend against consumer claims on the merits.

  • Holistic Approach: Clients call us "master strategists" (per Chambers USA) as we litigate claims with attention to the broad context of government, public, industry, and consumer relations.

  • Efficient Resolution: Our large case flow and broad client base enable us to resolve many claims on reasonable terms short of full-blown litigation and reduce the risk of future claims.

Experience Highlights

  • 7-Eleven in numerous false advertising/unfair competition consumer class actions concerning proprietary 7-Eleven products.
  • Applebee's International and its licensor, Weight Watchers International, in successful defense of multiple state and federal class actions challenging the accuracy of nutritional information.
  • Safeway in consumer class action alleging failure to use rewards card database to contact consumers regarding food recalls.
  • Adobe in defeating consumer class action challenging subscription and cancellation policy as unlawful "early termination fee."
  • Costco in defeating consumer class action alleging failure to disclose trans-fat levels in food products.
  • Nature's Bounty in numerous consumer class actions alleging false advertising and unfair competition concerning "Buy One Get One Free" offers and "Made In USA" claims.
  • Jos. A. Bank Clothiers in a putative class action for alleged misleading price advertising.
  • PopChips in declaring plaintiff in putative slack fill class action a "vexatious litigant" barred from bringing new suits.
  • Procter & Gamble in resolving putative class action claims over alleged intermittent cleaning product performance issues.
  • Dunkin' Donuts in putative class actions alleging false and misleading advertising regarding content of donuts and other products and violation of California's gift card statute.

Key Contacts

Related Services

Recognition

  • Chambers USA
    Food & Beverages: Regulatory and Litigation (Nationwide) (2023)
    Retail (Nationwide) (2023)
    Product Liability & Mass Tort: The Elite (Nationwide) (2023)
    Product Liability: Regulatory (Nationwide) (2023)
    Litigation: General Commercial: (Colorado, Illinois, New York) (2023)
    Highly Regarded (New York) (2023)
    Litigation: General Commercial: The Elite (D.C.) (2023)
  • The Legal 500 U.S.
    Product Liability, Mass Tort and Class Action — Defense: Consumer Products (Including Tobacco) (2023)
    Product Liability and Mass Tort Defense: Consumer Products (including tobacco) (2023)
    General Commercial Disputes (2023)
  • Benchmark Litigation
    Recommended – Dispute Resolution — California; New York (2024)
    Highly Recommended – Dispute Resolution — District of Columbia (2024)
  • Best Law Firms
    Advertising Law – Colorado (2024)
    Commercial Litigation – National, Colorado, Chicago, Houston, Washington, D.C., New York, San Francisco (2024)
    Bet-the-Company Litigation – Chicago, Colorado, San Francisco (2024)
    Mass Tort Litigation/Class Actions – Defendant—National, New York (2024)
  • BTI Consulting Group
    Class Action Leaders (2024)
    Most Feared in Litigation (2023)