Consumer Rights / Class Actions
The firm has handled 3 class action cases within the past 2 years and is therefore up to date on opinions of the U.S. Supreme Court that limit the availability of class actions.
Most of the class actions handled by the firm involve the Unfair Business Practices Act (prohibiting fraudulent, deceptive or misleading acts) or the Consumer Legal Remedies Act that lists acts and conduct proscribed in California advertising.
The firm is experienced in finding and pleading classes and subclasses so as to maximize the prospects of obtaining class certification. The firm has repeatedly litigated issues of arbitrability, including the issue of whether a class action may be maintained where a form pre-printed contract includes an arbitration clause.
The firm is also experienced in discovery both for the purpose of class certification and for making the substantive case.
In its class actions, the firm attempts to focus on changes in the challenged practices going forward in order to effect societal change as well as the recovery by class members which is often, in the consumer case, quite low and often barely sufficient to justify the filling out of the claim form.