Class Action

Imagine filing a complaint, and two weeks later, receiving a brief in which the defendant argues that if you were to prosecute your claim, the defendant would have to review its own documents; therefore, your claim should be dismissed. Class action plaintiffs routinely encounter a variation of that frivolous argument, under the guise of “ascertainability.” Courts generally require a class

The Ohio Consumer Sales Practices Act (CSPA) was intended to deter deceptive practices by sellers in consumer transactions. To that end, it permits individuals to recover statutory damages of $200. R.C. 1345.09(B). Of course, a consumer would have a difficult time finding an attorney to pursue a $200 claim. So, a statutory damages claim under the CSPA would seem ideal

Ohio’s Civil Rule 23(E) is designed to protect the interests of absent class members in the context of a class action settlement by providing them with both notice of the settlement and the opportunity to object to the trial court’s final approval of that settlement. This article addresses the issue of whether absent class members who object to final approval,

In a blow to consumer protection, Congress recently voted to block all class actions against financial institutions. The Senate vote was a tie, broken by Vice President Mike Pence. The vote denies citizens any ability to challenge consumer fraud in class action suits. It resulted from a multimillion-dollar lobbying campaign by the banking industry, financial services industry and chamber of

How many times have you answered a call from a strange number, only to be greeted by an automated message trying to sell you something you don’t want? Or received a text from a retailer you’ve never heard of promoting their product? Annoying, right? Congress agrees. Accordingly, the Telephone Consumer Protection Act, 47 USC § 227, (TCPA) expressly prohibits the

We have all experienced the excitement of a new purchase, followed closely by the sting of disappointment when that new gadget simply does not do what it claimed. Whether it is a household item or a big-ticket purchase, consumers expect that a company’s representations they relied upon are actually true. So, when that new “thing” doesn’t work, what’s next? Consumers

For class actions, the spotlight usually shines on acts of alleged corporate fraud, government incompetence or bad faith. You can picture the headlines popping up on cable news chyrons – Bank opens accounts in people’s names without their permission, credit card company reorders charges to make sure cardholders overdraft as many times as possible, lender forces inflated charges into purchase

As we discussed last month, each of your clients (whether businesses or individuals) are also consumers. They are subjected to marketing representations by retailers, they purchase products and contract with service providers. Unfortunately, they face an increasing risk of being the victim of unlawful activity at the hands of others in the marketplace. The Consumer Finance Protection Bureau and the

Class actions often end in settlement for myriad reasons. The exposure for a defendant company or government is usually substantial. Often the conduct was accidental and the entity wants to make it right. Sometimes the company is publicly traded and litigation exposure will affect their stock price. The Considerations in a Class Action Negotiation These cases are regularly worth millions

What happens when a promoter wants to put on an event, hypes it, markets it extensively, and then just isn’t able to deliver? Can that be treated as a class action? When does the marketing go too far and how does that affect the legal landscape of any potential class action? These issues were brought to life in the ill-fated