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Consumer Class Action Litigation

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​Innovative technology and life sciences companies look to Fenwick litigators to defend state and federal consumer class actions nationwide.

We have defended 100+ consumer class actions in the past five years, including in the areas of:

  • Privacy and data security
  • False advertising
  • Unfair competition
  • Enforcement of terms of service
  • Internet transactions
  • Copyright and right of publicity claims
  • Technology performance
  • Consumer protection and breach of warranties
  • Statutory violations, including TCPA, FRCA, ECPA, CFAA, FACTA, ADA and auto-renewal laws

Litigation Strategy

Whether at the pleading, class certification, summary judgment or trial stage, Fenwick crafts and drives strategies that achieve the best outcomes for our clients.  The firm has a strong record of securing early dismissals in class actions, allowing our clients to continue their business uninterrupted. We are well-positioned to develop strong defenses and obtain early dismissal of claims, minimal cost resolutions, or denial of class certifications. 

Fenwick employs efficient and effective techniques in discovery to achieve success at the class certification and summary judgment stage. We have successfully decertified classes that were certified under prior counsel after we appealed. We also develop innovative approaches to structuring settlements that survive objector challenges and obtain court approval. U.S. News ―Best Lawyers Best Law firms (2017) has recognized Fenwick’s success in this area with a first-tier ranking in commercial litigation.

Additional practice highlights include:

  • Successfully enforce terms of service to compel arbitration
  • Obtain dismissals at the pleading stage and successfully challenge class certification
  • Handle complex multi-district class action litigation
  • Manage the intersection of regulatory (FTC, state AG) and consumer class action threats

Counseling Services

Our long track record also gives us a competitive advantage when counseling clients, particularly emerging companies, on practices to avoid consumer class claims.  We also draw on our deep history of representing technology and life sciences companies in consumer class actions to advise on and shape the terms of service, warranties, end-user licenses, and other agreements on which such cases are often won or lost.​​​​