| Consumer class actions expose a company to significant financial exposure and can jeopardize years of work in building brand identity and goodwill. Companies facing consumer class actions derive great value from working with experienced litigators who have strong courtroom skills and the creativity to negotiate workable settlements when necessary.
Our lawyers have successfully handled dozens of consumer class actions in state and federal courts across the country. We have defended more class actions than any law firm in the Pacific Northwest, with an unparalleled record. In the overwhelming majority of class actions we have obtained pre-certification dismissals, defeated class certification motions, or obtained decertification rulings. In others, we have obtained summary judgment on a classwide basis or won at trial on the merits. And, when circumstances have warranted it, we have crafted favorable settlements.
We have represented clients in class action cases from a wide variety of industries, including health care, telecommunications, insurance, book and directory publishers, athletic supply manufacturers, trading-card companies and cruise lines. Because of the firm’s long history representing banks and other financial institutions, we have particular experience in consumer finance class actions.
We have litigated cases under a wide variety of statutes, including state consumer protection acts, the Real Estate Settlement Procedures Act, Truth in Lending Act, Credit Repair Organizations Act, Fair Debt Collection Act, Home Owners’ Loan Act, Home Ownership and Equity Protection Act, ERISA, and the Racketeer Influenced and Corrupt Organizations Act (RICO).
Our lawyers write in national publications and speak at national events on consumer class actions. Team members co-chair the Consumer Law Subcommittee of the American Bar Association Class Action and Derivative Suits Committee, write the annual Washington and Oregon Supplements to “Newberg on Class Actions,” and act as a coordinating editor of the ABA’s Annual Survey on State Class Action Law.
We have a longstanding reputation for litigating efficiently, without unnecessary discovery or motions practice. We work cooperatively as a team and share our experience and knowledge to get the best result. Our work is always informed by a thorough understanding of your industry and tailored to meet your business objectives. |
Selected Experience National wireless carrier Ongoing Representing national wireless carrier in putative nationwide and California-only class actions in federal courts in Washington and California alleging wireless carrier breached its contracts and violated state consumer protection statutes when it passed through to consumers federal fees assessed to subsidize phone service for rural and other underserved areas. Federal courts in Seattle and San Francisco dismissed each proposed class action with prejudice, without reaching class certification issues. Appeals pending in 9th Circuit. Providence Health & Services Ongoing Putative class action alleging that the theft of unencrypted backup tapes and optical discs from the car of an employee was negligent and a violation of the Oregon Unfair Trade Practices Act. Plaintiffs sought to certify the case on behalf of a class of 365,000 current and former patients whose patient information was stored on the stolen material. The court granted a motion to dismiss with prejudice and all claims were dismissed. Plaintiffs have appealed to the Oregon Court of Appeals. Microsoft Corporation Ongoing Representing Microsoft in putative nationwide products liability class action alleging defects in the Xbox 360 console. Court denied class certification in October 2009. Plaintiffs’ petition for interlocutory appeal is now pending before the 9th Circuit. Microsoft Corporation Ongoing Defending Microsoft in litigation challenging the "Windows Vista Capable" marketing program, which preceded the release of the Microsoft Windows Vista operating system in early 2007. Class initially certified—but then decertified after the close of discovery in February 2009. Case now pending in the 9th Circuit on plaintiffs’ appeal. National provider of broadband services 2009 Defended cable operator in a putative class action by the residents of an area of a county annexed by a city. The plaintiffs claimed cable operator should charge them lower cable television rates. Dismissed with prejudice by trial court as pre-empted by federal Cable Act. The dismissal was affirmed by the Washington State Court of Appeals. Amazon.com 2008 Represented Amazon.com in a putative nationwide class action alleging misrepresentation and the sale of counterfeit goods on the Amazon.com Web site. Obtained orders striking class allegations and granting motion for summary judgment. Class of fishermen, processors, Alaska natives, landowners and businesses 2008 Court-appointed lead counsel for 30,000 plaintiffs represented by 60 law firms in the consolidated proceedings of more than 250 lawsuits, both class actions and direct actions, filed on behalf of fishermen, processors, Alaska natives, landowners, businesses, and others injured as a result of the spill of 11.8 million gallons of North Slope crude oil into the coastal waters of Alaska by the Exxon Valdez. A four-month jury trial resulted in a verdict awarding plaintiff clients $297 million compensatory damages and $5 billion punitive damages. Washington Mutual 2008 Representing nation's largest savings and loan in putative class litigation in Michigan alleging improper collection of mortgage release fees and payoff statement fees. Motion to dismiss granted based on federal preemption and failure to state a claim under Michigan law. Appeal pending in the 6th Circuit when the FDIC assumed control of the savings and loan, resulting in a stay of the appeal. Verizon Wireless 2008 Represented Verizon Wireless in putative class action alleging the failure to disclose surcharges in consumer contracts and billing statements. Obtained dismissal on the pleadings. See Smale et al. v. Cellco Partnership, dba Verizon Wireless, 547 F.Supp.2d 1181 (W.D. Wash. 2008). National wireless carrier 2008 Represented client in a test case regarding assessment of E911 fees by the state of Alabama and in class action regarding state sales taxes in California. 2008 Represented Seattle PC Magic in Telephone Consumer Protection Act (TCPA) and Consumer Protection Act (CPA) class action related to faxes. AutoNation, Inc. 2007 Complete defense verdict after trial of a consumer class action alleging violations of the Vehicle Leasing Act and the Consumer Legal Remedies Act (false advertising claim). United Services Automobile Association 2006 Defended insurance carrier in a putative class action alleging underpayment of certain underinsured motorist benefits payments. Settled favorably. Washington Mutual 2006 Represented lender licensed under state Consumer Loan Act in putative consumer class action alleging collection of excessive loan origination fees in violation of state law and contracts. Successfully defeated class certification and then obtained summary judgment on individual claims. Summary judgment affirmed at the Court of Appeals and review denied in Washington Supreme Court. 2006 Case involving the constitutionality on federal pre-emption grounds of California statute purporting to make illegal the sale of shoes made of kangaroo leather, despite provision of Endangered Species Act allowing importation of such materials. Case went to the State Supreme Court. Plaintiff's case was dismissed. Holland America Line - Westours Inc. 2001 Represented client in state court putative class action alleging unfair and deceptive practices in assessing port charges and taxes on cruise fares. Successfully resisted efforts to certify class of more than 1.1 million members. The case settled on favorable terms, and the Washington Supreme Court upheld approval of the settlement in the first Washington case addressing class action settlement standards. GE Capital 1997 Represented international financial services company in state court class action challenging finance charges and other terms of private label credit card programs under Washington Retail Installment Sales Act and Consumer Protection Act. Eventually prevailed in unanimous decision by the Washington Supreme Court rejecting plaintiffs’ core claims. * Denotes experience completed at a prior firm | |