Consumer Protection

Overview

Our Consumer Protection Practice Group is at the forefront of the ongoing expansion and evolution of consumer protection laws. Leading companies rely on our team to handle government investigations, litigation, and provide compliance advice relating to advertising substantiation, e-commerce disclosures and practices, distribution practices, earnings claims, payments practices, and numerous specific consumer protection laws and regulations such as the FTC Act, the Children’s Online Privacy and Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) and the California Consumer Protection Act (CCPA).

We draw on the deep government service of many of our partners, including a former U.S. Attorney General and former U.S. Deputy Attorney General, a former White House Counsel and former Deputy White House Counsel, and multiple former senior DOJ, SEC and FTC officials.

Our trial-ready reputation gives us an edge in dealing with state and federal regulators and in litigation with private parties. Given our deep bench of leading national trial lawyers, we stand ready to defend our clients all the way to the courtroom instead of bowing to the settlement pressures presented by many consumer protection matters.

In Europe, the introduction of the General Data Protection Regulation (the “GDPR”) in May 2018 represented a “once in a lifetime” overhaul of data protection requirements across all EU Member States (and has significant extra-territorial reach outside the European Union). The significant fines for non-compliance with the GDPR, coupled with heightened public awareness around privacy matters, has elevated the importance of data protection issues in all forms of commercial transactions. We regularly provide advice to clients on the consumer-centric aspects of compliance with this regime across a range of industries.

Experience

Friends of the Earth, et al. v. Sanderson Farms, Inc. (N.D. Cal.; 9th Cir.)
Defending Sanderson Farms, Inc., one of the nation's largest chicken producers, in a false advertising lawsuit brought by three nonprofit organizations alleging that Sanderson’s “100% Natural” advertising was false and misleading. In 2019, Golden Flag won full dismissal for lack of standing. The court's decision emphasized key admissions obtained by Golden Flag in discovery that the organizations had not suffered any injuries and were instead trying to improperly use the litigation as leverage to force changes to Sanderson’s farming practices. Pending appeal.
In re National Prescription Opiate Litigation, MDL 2804  (N.D. Ohio)
Representing Allergan in governmental inquiries and civil suits in multiple courts related to its sale and marketing of opioid pain killers. This litigation and related litigation has been identified publicly as a top priority of the U.S. Attorney General and Department of Justice, of several congressional leaders, and of numerous state Attorneys General, who are also bringing their own investigations and suits. In 2017, the federal cases were consolidated and centralized by the Judicial Panel on Multidistrict Litigation. Ongoing.
Imburgia, et al. v. DIRECTV, Inc. (Cal. Super. Ct.; Cal. Ct. App.; U.S.)
Represented DIRECTV in a class action alleging violations of consumer protection laws related to early cancellation fees. In 2015, DIRECTV won an appeal to the U.S. Supreme Court, reversing the trial court’s denial of DIRECTV’s motion to compel arbitration under the Federal Arbitration Act. On remand, the trial court in 2017 granted DIRECTV’s renewed motion to compel arbitration, finding that DIRECTV had not waived its right to arbitrate by not bringing its arbitration motion until the right came into existence. DIRECTV defeated the plaintiffs’ bid for reconsideration or a new trial on the arbitration issues, and then convinced the California Court of Appeal to dismiss the plaintiffs’ subsequent appeal of the trial court’s rulings in 2019. After the appeal was dismissed, the trial court decertified the class and dismissed the action with prejudice.
Bernardino, et al. v. Barnes & Noble Booksellers, Inc. (S.D.N.Y.; 2d Cir.)
Representing Barnes & Noble in a putative consumer class action involving claims under the Video Privacy Protection Act and related New York law. Defeated a motion for preliminary injunction in 2017, and won a motion to compel the case to arbitration in 2018. The plaintiffs' appeal was dismissed for lack of jurisdiction in 2019. Ongoing.
FTC v. Lending Club Corporation (N.D. Cal.)
Defending Lending Club Corporation in litigation alleging multiple consumer protection-based claims relating to Lending Club’s marketing and advertising practices and privacy-related compliance. Ongoing.

Practices