Consumer Protection

Defense of petroleum additive manufacturer Baker Hughes Inc. in 10,000-customer class action alleging defective high sulphur diesel fuel oil.

Defended Intel against allegations that it misrepresented performance capabilities of early Pentium® 4 processors. The plaintiffs sought to pursue a nationwide class action in Madison County, Illinois, but under California's deceptive trade practices statutes. On appeal, the Illinois Supreme Court held that Illinois law rather than California law applied, that the alleged misrepresentations were mere "puffing" and therefore not actionable under Illinois law, and that the case should not proceed as a class action. 879 N.E.2d 910 (Ill. 2007)

Counsel to defendant Boeing Computer Services in antitrust case alleging monopolization of telecommunications services market. Dismissed through summary judgment; affirmed on appeal. 995 F.2d 236 (11th Cir. 1993)

Successful settlement of class action by auto insurance customers.

Defense of nationwide class action challenging Internet privacy practices. Settled after successful summary judgment motion.
165 F. Supp. 2d 1153 (W.D. Wash. 2001)

Defended Weyerhaeuser in nationwide consumer product class action. Settlement negotiated largely before case filed and ultimately approved by federal district court.

Successfully opposed certification of class action claiming that UTC sold defective sewer and irrigation pipe to California municipalities. Case settled on favorable terms following denial of certification.

Defended mortgage company in class action alleging violations of consumer protection laws and federal mortgage regulations, including the Truth in Lending Act and RESPA.

Represented Google in a putative nation-wide class action alleging the use of the term "Daily Budget" in Google's AdWords program violated, inter alia, California's Unfair Competition Law and False Advertising Act. Negotiated favorable settlement.

Successful defense of putative class action challenging privacy practices of retailer and credit verification service. 166 F. Supp. 2d 1263 (N.D. Cal. 2001)

Defense of consumer lending claims in statewide class action challenging the collection of reconveyance fees in real estate-related loans.

Defense of Homecomings Financial in statewide class action challenging the collection of payoff statement expedite fees.

Counsel to defendant Looksmart in case under Children's Online Privacy Protection Act. Case resolved through FTC consent decree. 

Defense of First Nationwide Mortgage Corporation in putative class action challenging the collection of yield spread premiums.

Defended Dell in consumer protection class action relating to collection of Washington sales and use tax from Internet sales.

Defense and settlement of Oregon state consumer protection class action.

Defended Boise Cascade in nationwide consumer protection class action alleging defects in manufactured wood siding.

Counsel to defendant in case alleging false advertising regarding computer security software product. Case resolved through consent decree.

Successfully defended Intel in a putative class action alleging that Intel secretly wrote battery life and other benchmarks for its own benefit and then passed them off to an industry consortium. After the plaintiffs dropped their request for monetary relief and withdrew their class certification motion, the district court granted summary judgment dismissing the claims of several plaintiffs and then dismissed the rest of the case for lack of jurisdiction.

Defense of internet marketing company in investigation by government consumer protection enforcement office. Pending.

Defense of company involved in internet sales of services in investigation by government consumer protection enforcement office. Pending.

Defense of JP Morgan Chase in claims alleging consumer protection and TILA violations.

Represented defendant Qwest in putative class action regarding disclosure of rates for long-distance telephone calls by Washington State prisoners. Won dismissal of claim and affirmance of that judgment on appeal.  66 P.3d 1102 (Wash. Ct. App. 2003), aff'd, 95 P.3d 337 (Wash. 2004)

Defended class action claims alleging violations of state and federal consumer protection laws relating to retail store's credit card program.

Obtained dismissal of purported anti-spam class action that attacked, alleging various legal theories, commercial email advertisements for Vonage services sent from multiple domain names. 2007 WL 1518650 (C.D. Cal. May 22, 2007). Affirmed by the Ninth Circuit, 2010 WL 2782847 (9th Cir. July 13, 2010), after the California Supreme Court answered the court's certified question and held that multiple domain names do not constitute misrepresented email header information under California Business & Professions Code § 17529.5 and noted that a contrary conclusion would result in preemption of the claim under the federal CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. 49 Cal. 4th 334 (2010).

Defended mortgage company in claims alleging violations of consumer protection laws.

Represented defendant Greentree in consumer protection action. Motion to dismiss granted.

Co-lead counsel in defense of numerous consumer protection class actions and related cases and arbitrations related to manufactured wood siding. National counsel for implementation of nationwide class action settlement.

Defended mortgage company in lawsuit alleging violations of RESPA, Fair Housing Act and Equal Credit Opportunity Act.

Successful settlement of 34 state Attorneys General consumer protection investigation.

Defense of Novastar in putative class action alleging consumer protection violations.

Represented defendant Qwest in class action alleging fraud, negligent misrepresentation, breach of contract, unfair business practices and tariff violations. Settlement class certified and settlement approved. 

Defended Intel in several consumer class actions (consolidated in California) alleging unfair competition, false advertising and fraud in connection with product performance claims.

State courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
National coordinating and trial counsel in defense of nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing.
431 F. Supp. 2d 98 (D. Mass. 2006); 339 F. Supp. 2d 165; 321 F. Supp. 2d 187; 309 F. Supp. 2d 165; 307 F. Supp. 2d 196 (D. Mass. 2004); 230 F.R.D. 61 (D. Mass. 2005)

Defended US WEST in consumer protection class action challenging changes in telephone area codes.

Defended class action claims alleging violations of consumer protection laws and misrepresentation in connection with product warranty.

Represented Quiznos Franchise Company LLC and related entities and individuals in the defense of purported class action lawsuits filed in federal courts in Colorado, Illinois and Wisconsin on behalf of franchise owners. Plaintiffs brought claims under the Sherman Act, state consumer and franchise protection acts, as well as claims for common law fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Obtained a major victory in one of the cases when the court denied the plaintiffs' motion for class certification (Bonanno v. The Quiznos Franchise Company LLC, 2009 WL 1068744 (D. Colo. Apr. 20, 2009)) and the Tenth U.S. Circuit Court of Appeals denied plaintiffs' petition for permission to appeal.

Defended James Hardie Building Products in nationwide consumer protection class action involving fiber cement roofing products.

Defense of class action over “roaming” charges.

Led defense of statewide consumer protection class action involving wood siding products. Won summary judgment dismissing the action. After the intermediate appellate court reinstated the action, convinced the Illinois Supreme Court to take review and affirm the judgment of the trial court on grounds that the allegedly deceptive advertising did not proximately cause damages under Illinois' consumer fraud statute. 805 N.E.2d 213 (Ill. 2004), rev'd 783 N.E.2d 1105 (Ill. App. Ct. 2003)

Defended claims alleging violation of consumer protection laws and Truth in Lending Act.

Defended Intel in putative nationwide class action alleging violations of California's Unfair Competition Law (§17200) and Consumer Legal Remedies Act. The plaintiffs claimed that Intel misrepresented and concealed information about the performance of early Pentium® 4 processors and artificially boosted benchmark scores for those processors.

Defended claims alleging lending discrimination, violations of consumer protection laws, and failure to comply with Truth in Lending Act.

Defense of Sovereign Bank in putative class action alleging violation of usury laws.

Trial counsel for State of Washington in consumer protection law enforcement action.
87 Wn.2d 298, P.2d 423 (1976); 82 Wn.2d 265, 510 P.2d 233 (1973)

Trial counsel for State of Washington in consumer protection law enforcement action.
81 Wn.2d 259, 501 P.2d 290 (1972)

Defense of The Boeing Company in toxic tort class action litigation involving non-ionizing radiation.

Lead counsel in defending consumer protection claims against worldwide freight forwarder relating to shipment to Africa. Case settled on eve of trial.

Counsel in defense of related nationwide class actions where purported class representatives assert claims under the state consumer protection laws; successfully moved to dismiss fraud and consumer protection claims.

Defense of Troy Corporation in statewide class action involving additives used in paints and coatings.

National counsel for Weyerhaeuser in defense of consumer protection and consumer product liability class actions related to alleged defects in hardboard siding.

Represent Weyerhaeuser in putative statewide consumer protection class actions in California, Texas and Washington.

Defended Whirlpool in consumer protection class action regarding consumer credit transactions.

Represented cloud computing provider in Federal Trade Commission investigation under Section 5 of the FTC Act regarding user data privacy and security.  Investigation closed.

Defense of Nintendo in putative nationwide class action alleging consumer protection, products liability, and breach of warranty violations.

Counsel to defendant W3 Innovations, LLC in case under Children's Online Privacy Protection Act. Case resolved through FTC consent decree.

Defended Starbucks in consolidated nationwide consumer protection class actions challenging pricing practices for scooped whole bean coffee purchased in amounts under one pound.

Defense of Nintendo in putative nationwide class action alleging consumer protection, products liability, and breach of warranty violations.

Represented mobile advertising network in defense of Federal Trade Commission investigation under Section 5 of the FTC Act and COPPA.  Investigation closed.

Represented Best Buy in nationwide class action alleging Consumer Protection Act violations.

Represented online advertising platform company in defense of Federal Trade Commission investigation under Section 5 of the FTC Act.  Investigation closed.

Defend global chemical manufacturing company, headquartered in Korea, against $50 million breach of contract, promissory estoppel and fraud claims. Case settled on first day of jury trial.

Defend Northrop Grumman in jury trial of $720 million False Claims Act case.  On eve of jury selection, all claims against client dismissed and Relator Plaintiff ordered to show cause why he should not be sanctioned or held in contempt for making false claims to the Court.

Represented webservice in Federal Trade Commission investigation under Section 5 of the FTC Act regarding user data privacy.  Investigation closed.