A lawsuit alleging violations of consumer protection statutes presents a major risk to a business. Generally brought as class action lawsuits, the verdicts in these cases can be catastrophic. Even technical violations without any identifiable damage to the class members can result in seven or eight-figure judgments, making these cases truly high-stakes, “bet the company” litigation. Faced with these challenges, businesses routinely turn to Segal McCambridge to defend them against consumer protection violation claims and to help them manage their risk.
Segal McCambridge has a successful history of defending clients sued in consumer class action lawsuits alleging violations of various state law consumer fraud statutes, the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). Our lawyers have represented numerous industries in this context, including healthcare, consumer products, transportation, insurance, restaurants, retail, hospitality, freight, consumer services and collections We have also been appointed national defense counsel across multiple industries to manage the risk associated with alleged consumer protection violations.
Segal McCambridge attorneys are sophisticated in this field of complex litigation and have managed all facets involved in class action litigation, including pre-certification discovery, class certification hearings, interlocutory appeals of adverse class certification rulings, class action trials, and approval and administration of class action settlements.
We understand that a primary battleground involved in class action litigation is the class certification process. Segal McCambridge attorneys closely follow this constantly developing area of law, which helps to identify our strategies for opposing class certification and define the scope of pre-certification discovery. We have successfully defeated multiple class certification motions and have otherwise been successful in resolving matters on an individual basis under the threat of “busting the class.”
We further understand that the key to the success of any class action defense is having an in-depth knowledge of both the substantive area of law involved in the particular matter and the rules and procedures governing class action proceedings. Our litigation teams are knowledgeable, sophisticated and innovative in advancing class action defenses and. Most importantly, we have kept our clients in business by successfully avoiding the devastating damage awards potentially available under these statutes.
Risk Avoidance Counsel
Knowing that investing in compliance on the front end helps to reduce risk and the potential for costly litigation, we offer our clients proactive compliance counsel. Our lawyers work closely with clients, helping them establish programs and protocols that assure that they don’t run afoul of the consumer protection regulations.