Privacy Class Actions
Internet based class action lawsuits have grown tremendously in recent years. One reason may be the unprecedented scale that the internet provides for consumer interactions. Many internet and mobile advertising business models such as PPC advertising and SMS marketing are highly automated. Therefore, when a company's marketing is deceptive or illegal, it tends to cause identical consumer injuries. Even if the individual injuries are not large, when pooled together as a class action, companies that are sued for class action claims may have massive liability exposure.
One of our firm's partners, focuses on Internet and digital media law. Our legal team defend companies across the United States that are sued for class action claims. We have also served as class counsel for plaintiffs in a select number of pay-per-click class actions.Internet Privacy Class Actions
In recent years, the plaintiff's bar has filed a slew of internet privacy class actions against internet companies like Facebook and Netflix. Most of these class actions have been resounding failures. A common weakness in most cases is that plaintiffs lack standing because they have suffered no cognizable injury. We understand how to effectively defend these cases by filing summary judgments or motions to dismiss prior to class certification. In the unlikely event of certification, we are able to file motions for de-certification or appeal the certification decision.TCPA Class Action Defense Attorneys
The Telephone Consumer Privacy Act (TCPA) regulates consumer solicitations made via telephone, fax and SMS/text messaging. In recent years, marketing companies have been repeatedly sued for violating the TCPA pursuant to SMS marketing campaigns. Often, large companies outsource their text message advertising to third parties. However, the outsourcing of SMS marketing does not insulate the manufacturer/advertiser from liability. TCPA class actions are often certified and outsourcing SMS campaigns without tight oversight by the advertiser could be a recipe for disaster. The TCPA provides for exemptions such as political speech, however, courts generally construe such exemptions narrowly.Class Action Fairness Act (CAFA)
CAFA is a federal statute enacted in 2005 that greatly expanded federal jurisdiction over class action lawsuits filed in the United States. The Act impacts class actions in two major ways. First, any class action that seeks greater than $5,000,000 in damages and includes a plaintiff who is a citizen of a state different from any defendant can seek removal to federal court. Second, the Act empowers the federal judiciary to give greater scrutiny to class action settlements. Therefore, many plaintiff's attorneys attempt to plead around CAFA in order to avoid removal to a federal jurisdiction. Because we have represented companies as defendants and plaintiffs in class action litigation, we understand both sides of the CAFA coin and all of the strategic decisions that affect the application of CAFA.Recent News
- We represented e-commerce businesses in a national class-action lawsuit against Google related to Google's advertising policies and click fraud. Read the Google class-action complaint here.
- We represented small businesses in a large, national class-action lawsuit against IAC/InteractiveCorp. and Ticketmaster for click fraud and unfair business practices. Read the IAC/InteractiveCorp. class action complaint here.