Consumer Litigation

Practice Points

What you need to know in a quick-to-read format. Find all of the Consumer Litigation Committee’s practice points in this archive.

2020

TCPA Takes Center Stage at Supreme Court
By Michael P. Daly and Mark D. Taticchi – February 11, 2020
The Court attempts to bring sanity to the statute.

How to Respond to a Consumer Demand Letter
By Mark E. Rooney – January 28, 2020
A general framework for crafting an effective response.

2019

Planning for Objections
By Donald R. Pocock – November 27, 2019
Do not wait until an objection is made to consider which subsection of which rule permits admissibility. Plan a strategy in advance.

The Many Ways to Extend a Limitations Period
By Mark E. Rooney – November 27, 2019
Key definitions and distinctions relevant to the many doctrines that may be employed.

Four Ways to Authenticate Copies of Webpages and Other ESI Before Trial
By Haidyn DiLorenzo and Kathryn Honecker – July 31, 2019
If you think you need to hire an IT expert to testify in court, think again.

Collecting Attorney Fees
By Andre Regard and Ivey Workman – July 31, 2019
A verdict in your favor is not the final obstacle between you, your client, and collection.

How to Comment on the CFPB’s Proposed Debt-Collection Rule
By Mark E. Rooney – July 31, 2019
A primer for litigators.

Tips for Tracking Down and Pursuing Robocallers and Spam Texters
By Christopher E. Roberts – July 24, 2019
We can all agree that these calls and texts are annoying. But, is there any way to fight back?

Best Practices for Citing Online Content and Avoiding Link Rot
By Jake Rapp and Kathryn Honecker – July 23, 2019
Online content can change or vanish at any moment.

Key Supreme Court Ruling Shuts Down Class-Action Counterclaim Removal
By Mark Goodman and Anne Kelts – June 18, 2019
Class-action defense attorneys should take note of the U.S. Supreme Court’s recent decision in Home Depot U.S.A. Inc. v. Jackson.

Eight Considerations When Preparing Data Visualizations
By Angela Sabbe and Jeremy Guinta – June 18, 2019
Data visualizations can be among the most effective tools in conveying analytical results.

10 Benefits of Complex Data Analysis
By Angela Sabbe – June 18, 2019
One of the best ways to determine when to hire a data-analysis expert is to look at what benefits you can derive from their work.

Ninth Circuit Resuscitates Nationwide Settlement Class
By Brandon Rainey – June 17, 2019
Good news for the class-action bar: Ninth Circuit rules that nationwide settlement classes can be certified under a less stringent standard than contested litigation classes.

How to Attend Oral Argument at the Supreme Court
By Mark E. Rooney – April 29, 2019
This should be on every lawyer’s career bucket list.

Three Reasons Why Young Lawyers Should Not Attend SAC, Plus a Picture of a Kitten
By Nasir Hussain – April 29, 2019
My goal is to tell you why you definitely shouldn’t go to the Section of Litigation Annual Conference.

Winning with Theme
By Donald R. Pocock – April 29, 2019
Having a concise, persuasive, and logical theme and theory of your case is more than a snappy catch phrase—it is a tool that helps focus and filter information.

Five Steps for Returning to Work After Maternity Leave
By Lydia Keaney Reynolds – April 29, 2019
Whether you’re returning to work after a few weeks, a few months, or longer, these tips may help ease your transition back to the practice of law.

A Better Night’s Sleep: Five Actions to Improve Your Sleep Quality
By Kathryn Honecker – April 12, 2019
Lack of sleep can lead to difficulty handling stress, decreased immunity from illness, and an increased risk for chronic disease.

Five Tips Working with Persons with Limited English Proficiency
By Jonathan R. Engel – April 12, 2019
Advice on working with clients with diverse language backgrounds.

The Five Changes to Rule 23 Every Class Action Attorney Needs to Know
By Andre Regard – March 21, 2019
Hopefully, these rule changes will provide a more streamlined class-action process that is fairer to both the class and defendants.

Three Tips to Get a Multi-State Consumer Class Certified in California’s Federal Courts
By Jonathan Udell – March 1, 2019
Next time you’re presented with a potential multi-state case, consider using one or more of these strategies.

Three Principles to Stop Conflating: Choice of Law, Standing, and Transfer of Venue
By Kathryn Honecker and Mark E. Rooney – February 28, 2019
A refresher on these separate concepts.

Competing Definitions of an Auto-Dialer under the TCPA
By Christopher Roberts and Mark E. Rooney– February 11, 2019
A concise recap of the competing interpretations of this key definitional component of the law.

2018

Three Tips for Young Lawyers to Build Their Brand
By Christopher Longley – December 11, 2018
If you systematically build your brand and stay in front of your prospects, business will flow your way.

The Evolving Definition of an Auto-Dialer under the TCPA: How Did We Get Here?
By Mark E. Rooney – November 15, 2018
Trade groups, members of Congress, and other interested parties now wait eagerly for the FCC to (hopefully) bring some needed clarity.

Are Establishment Claim Challenges Really Dead in California Class Actions?
By August T. Horvath – January 29, 2018
So many people were making Kwan out to be a big deal that I wondered, is it really a big deal?

2017

Voices of Recovery Podcast Series
By ABA CoLAP – November 10, 2017
The ABA Commission on Lawyer Assistance Programs debuted the first of a series of podcasts that will address substance use disorders, mental health issues, addiction, and recovery issues. Episode 1 features attorney Laurie Besden, the Executive Director of Lawyers Concerned for Lawyers of Pennsylvania, who shares her battles with alcohol and drug addiction.

New Labeling Decision May Open a Federal/State Gap over What Claims Can Be Deceptive
By August T. Horvath – October 31, 2017
It will be interesting to see how other courts handle this issue as it relates to GMOs and all-natural claims, an increasingly common type of food-marketing class action.

Is Injunctive Relief Available under California law after the Consumer Knows an Advertisement Is False?
By Adam E. Polk – October 31, 2017
The Ninth Circuit resolved a split among lower courts.

Eleventh Circuit Holds Arbitration Agreement, Class-Action Waiver Is Enforceable
By Jason Tompkins – September 29, 2017
The appeals court overturned the Florida district court’s ruling that a bank customer was not bound by a deposit agreement requiring individual arbitration.

For Lawyers, Kindness is More Than a Virtue; It’s a Requirement
By Nasir Hussain – August 30, 2017
If you don’t already make it a point to be kind to everyone you meet, give it a try and see how much better things will work out for you.

Takeaways from the Fourth Annual Western Regional CLE Program on Class Actions and Mass Torts
By Jonathan Udell – July 31, 2017
As a recent law-school graduate, I learned a great deal from both the formal presentations and my discussions with attorneys.

The CFPB’s Arbitration Rule, Its Requirements, Potential Legal Challenges, and What Companies Should Do
By Eric R. Hail – July 21, 2017
On July 10, 2017, the Consumer Financial Protection Bureau issued its long-awaited final arbitration rule pertaining to consumer-finance contracts.

What You Need to Know about Kindred Nursing Centers L.P. v. Clark
By George Tzanetopoulos – May 24, 2017
The U.S. Supreme Court issued the latest salvo in its long-running dispute with a number of state courts over the enforceability of arbitration agreements.

Ensuring Validity and Admissibility of Consumer Surveys
By Rebecca Kirk Fair and Laura O’Laughlin – March 31, 2017
Surveys can be a useful method through which to deliver evidence, particularly when other sources of data are not available.

Consumer Protection Issues to Watch in 2017
By Angela Sabbe – February 28, 2017
The aftermath of Spokeo plays out in the Third Circuit, while class ascertainability is on topic in the Ninth.

Three Questions to Consider in Evaluating a Potential Settlement of a Data-Privacy Class Action
By Paul Karlsgodt – February 28, 2017
Recent trends reveal important considerations in negotiating a settlement in a data-breach class action.

Understanding “Susman Agreements” and Why You Want Them in Your Case-Management Orders
By Kathryn Honecker – January 31, 2017
Practical tips for improving cooperation between counsel in your cases.

Communication Tips for Young Lawyers
By Audra Petrolle – January 5, 2017
Communication is an art rather than a science, and effective communication skills are essential to the practice of law.

2016

Consumer Class Action Prosecution: A Checklist for the First 10 Days
By Audra Petrolle – October 24, 2016
Anticipating some common challenges ahead of time can assist in streamlining your path to success.

Consumer Class Action Defense: A Checklist for the First 10 Days
By Paul Karlsgodt – October 24, 2016
Some simple pointers to help defense counsel organize the litigation and make sure that nothing falls through the cracks.

2015

Businesses Contacting Cell-Phone Users Face New Risks under TCPA
By Robert A. Scott – July 21, 2015
One of the most significant elements of a recent FCC order deals with the reassignment of cell-phone numbers, which has become a vexatious problem for creditors and other businesses.