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Admitted to Practice

  • Washington
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court Western District of Washington
  • U.S. District Court Eastern District of Washington

Ken Payson

PaysonKen
Partner
T206.757.8126
F206.757.7126
Ken Payson’s practice focuses on class action defense, other complex commercial litigation and appellate work, particularly with respect to claims under state and federal consumer protection laws. Ken represents clients from a variety of industries, including financial services, telecommunications, software, and digital media companies. He has obtained numerous orders dismissing putative class actions or denying class certification and has successfully defended them on appeal. He serves as lead counsel in class actions across the nation. He has a particular practice focus defending so-called "blast text," "blast fax," and robocall class actions involving claims under the federal Telephone Consumer Protection Act (TCPA) and similar state laws restricting unsolicited faxes and the use of autodialer, prerecorded, or artificial voice to place texts or calls.

Representative Experience

Gragg v. Orange Cab Company, Inc. & Ridecharge Inc.

Represent mobile application developer and transportation company in putative class action alleging the companies sent text messages in violation of the TCPA, the Washington Commercial Telephone Solicitation Act, and the Washington Consumer Protection Act. Obtained order dismissing TCPA claim on summary judgment. See Gragg v. Orange Cab Co., -- F. Supp. 2d --, 2014 WL 494862 (W.D. Wash. Feb. 7, 2014). Motion to dismiss Washington Consumer Protection Act claim granted. (W.D. Wash. Ongoing)

Friedman v. Nutribullet, LLC, & Tribune Broadcasting Co., LLC

Represent major broadcasting company in putative nationwide class action alleging the company sent text messages in violation of the TCPA. (C.D. Cal. Ongoing)

Willett et al. v. Redflex Traffic Systems, Inc. et al.

Represent nation’s largest vendor of automated red-light traffic cameras in putative nationwide class action alleging the company caused automated and prerecorded messages to be placed to cell phones in violation of the TCPA. (D. N.M. Ongoing)

Hetherington v. Omaha Steaks, Inc. and Omaha Steaks Int’l, Inc.

Represent leading food manufacturing, marketing, and distribution company in putative nationwide class action alleging the company placed automated and prerecorded messages to cell phones in violation of the TCPA and state common law. (D. Or. Ongoing)

Washington State telephone commercial solicitation class action for commercial lender

Represent commercial lender in putative Washington statewide class action alleging the company placed automated and prerecorded commercial solicitation calls in violation of Washington law. (W.D. Wash. Ongoing)

Petersmarck v. Serco, Inc, Apria Healthcare Group, Inc., & Apria Healthcare LLC

Represent home medical equipment and services company in putative nationwide class action alleging the company placed automated and prerecorded messages in violation of the TCPA. (N.D. Ill. Ongoing)

Washington State telephone commercial solicitation class action for financial services company

Represented financial services company in putative Washington statewide class action alleging the company placed automated and prerecorded commercial solicitation calls in violation of Washington law. Settled favorably through settlement. (King Cnty. (Wash.) Super. Ct. 2014)

Couser v. Apria Healthcare, Inc.

Represent home medical equipment and services company in putative nationwide class action alleging the company placed automated and prerecorded messages to cell phones in violation of the TCPA. (C.D. Cal. Ongoing)

Nationwide TCPA putative class action for leading alarm monitoring company

Represent national alarm monitoring company in putative nationwide class action alleging company's marketing violated the TCPA, the Washington Commercial Telephone Solicitation Act, and the Washington Consumer Protection Act. (W.D. Wash. Ongoing)

Nationwide TCPA putative class action for medical services company

Represent medical services company in putative nationwide class action alleging company's marketing violated the TCPA. (C.D. Cal. Ongoing)

De Guzman v. Affordable Wireless Technologies & T-Mobile USA, Inc.

Represented wireless company in putative California class action alleging the company failed to provide adequate employee seating in violation of California law. Obtained voluntary dismissal. (Los Angeles Cnty. (Cal.) Super. Ct. 2013)

Cudecki et al. v. Clearwire Corporation

Represented wireless communications company in putative class action alleging the company left prerecorded messages on cell phones in violation of the TCPA. Resolved favorably through settlement. (N.D. Ill. 2012)

Dancer v. Los Angeles Times Communications LLC

Represent media company in putative class action alleging the company left prerecorded messages on cell phones in violation of the TCPA. (Los Angeles Cnty. (Cal.) Super. Ct. Ongoing)

Steadman v. Bayshore Marketing, LLC

Represented marketing company in putative class action alleging the company sent text message advertising in violation of the TCPA, the Washington Commercial Telephone Solicitation Act, the Washington Commercial Electronic Text Message Act, and the Washington Consumer Protection Act. Case resolved favorably through settlement. (W.D. Wash. 2013)

Anderson v. Clearwire Corporation

Represented wireless communications company in action alleging the company left prerecorded messages on cell phones in violation of the TCPA. Resolved favorably through settlement. (M.D. Fla. 2012)

Kwan et al. v. Clearwire Corporation, Clearwire Communications LLC, Clearwire US, LLC, & Bureau of Recovery LLC

Represented wireless communications company in putative class action alleging the company and its contractors left prerecorded messages on cell phones in violation of the TCPA, the Fair Debt Collections Practices Act, the Washington Consumer Protection Act, the Washington Commercial Telephone Solicitation Act, and other claims. Resolved favorably through settlement. (W.D. Wash. 2014)

Hartman v. United Bank Card

Obtained denial of class certification for defendant financial services and payment processing company in class action. Plaintiff alleged the company and its contractors left prerecorded messages in violation of the Washington Commercial Telephone Solicitation Act, the Washington Consumer Protection Act, and other claims. (W.D. Wash. 2013)

Nationwide TCPA putative class action for leading health product supplier

Represented health product supplier in putative nationwide class action alleging company's advertising violated the TCPA. Resolved favorably through settlement. (Clark Cnty. (Nev.) Dist. Ct. 2014)

Arthur et al. v. Sallie Mae, Inc.

Represented education finance company in putative nationwide class action alleging company contacted debtors on their cell phones in violation of the TCPA. Resolved favorably through settlement. (W.D. Wash. 2013)

Dennings v. Clearwire

Represented national wireless carrier in putative nationwide and six-state class actions in federal court alleging carrier breached its contracts and violated consumer protection statutes by advertising engaging in network management practices. Resolved favorably through settlement. (W.D. Wash. 2014)

Newton v. Clearwire Corporation

Represent wireless communications company in putative class action alleging the company misrepresented its service quality and failed to adequately disclose its network management practices in violation of California consumer protection laws and other claims. (Ongoing)

Greenwood et al. v. Jaguar Land Rover North America LLC

Defended automobile importer and distributor in a putative class action asserting claims for violations of the Washington Consumer Protection Act based on alleged defect in tire alignment in certain vehicles. Resolved favorably through settlement. (C.D. Cal. 2013)

Matsyuk v. State Farm Fire & Casualty Company

Represented State Farm Fire in putative class action alleging violation of the Washington Consumer Protection Act and other claims regarding State Farm's supposed breach of a duty to pay a share of its insureds' attorneys' fees. Resolved favorably through settlement. (King Cnty. (Wash.) Super. Ct. 2013) Read more

Stanphill v. State Farm Mutual Automobile Insurance Company

Represented State Farm Mutual in putative class action alleging violation of the Washington Consumer Protection Act and other claims regarding State Farm's supposed breach of a duty to pay a share of its insureds' attorneys' fees. Resolved favorably through settlement. (King Cnty. (Wash.) Super. Ct. 2013)

Minnick et al. v Clearwire US, LLC

Represented wireless communications company in putative nationwide class action challenging early termination fees as unlawful and asserting deceptive advertising claims. Motion to dismiss granted. Certified question to Washington Supreme Court answered in Clearwire’s favor. Resolved favorably through settlement. (W.D. Wash.)

Tavenner v. The Talon Group

Represented escrow service provider in putative class action alleging company misrepresented certain fees in violation of the Washington Consumer Protection Act and other claims. Resolved favorably through settlement. (W.D. Wash. 2014)

Radonovich v. Amerititle, Inc.

Represented escrow service provider in putative class action alleging company misrepresented certain fees in violation of the Washington Consumer Protection Act and other claims. Resolved favorably through settlement. (Kittitas Cnty. (Wash.) Super. Ct. 2014)

McKee v. AT&T Corporation

Represented telecommunications company in putative class action asserting consumer protection claims regarding alleged tax overcharges and improper late fees. Resolved favorably through settlement. (Chelan Cnty. (Wash.) Super. Ct. 2013)

Dalquist et al. v. Estate of Orlo Williams et al.

Represented landlords in putative class action alleging defective service of process rendered multiple unlawful detainer judgments void. Motion to dismiss granted. (Snohomish Cnty. (Wash.) Super. Ct. 2013)

Blass et al. v. Flagstar Bancorp, Inc., et al.

Defended financial services company in putative class action alleging consumer protection and other claims regarding forced-placed flood insurance. Obtained dismissal with prejudice. (2012)

Rasmussen et al. v. Pacific Webworks, Inc.

Represented online provider of work-at-home products in putative class action alleging company improperly charged for inadequately disclosed products and services in violation of the Washington Consumer Protection Act and other claims. Case settled on favorable terms. (W.D. Wash. 2012)

Lupei v. Clear Wireless, LLC & Manhattan Computer Products, Inc.

Represented wireless communications company in putative nationwide class action alleging company and its retailer sent unsolicited faxed advertisements in violation of the TCPA and Nevada consumer protection law. Obtained dismissal with prejudice. (Clark Cnty. (Nev.) Dist. Ct. 2011)

Muniz v. Microsoft Corporation

Defended Microsoft in putative nationwide class action alleging consumer protection and other claims regarding online, stored-value system for purchasing products and services. Obtained dismissal with prejudice. (W.D. Wash. 2010)

BNS Limited v. Redondo Family Chiropractic, Inc.

Represented chiropractic clinic in putative class action alleging clinic sent unsolicited fax advertisements in violation of the TCPA, the Washington Commercial Telephone Solicitation Act, and the Washington Consumer Protection Act. Case settled on favorable terms. (King Cnty. (Wash.) Super. Ct. 2010)

Kramer v. Autobytel & B2Mobile LLC

Represented web-based automobile retailer in class-action litigation claiming retailer's contractor violated TCPA by sending text message ads. Claims against Autobytel settled on favorable terms. (N.D. Cal. 2010)

O'Connor v. JobFox Inc.

Represented JobFox in putative nationwide class action alleging the company transmitted unsolicited faxed advertisements in violation of the TCPA, the Washington Unsolicited Fax Law and the Washington Consumer Protection Act. Case settled on favorable terms. (W.D. Wash 2012)

Taber et al. v. Oasis Physical Therapy et al.

Defended physical therapy clinic in a Washington state class action alleging inappropriate contact with patients. Defeated class certification motion. (Franklin Cnty. (Wash.) Super. Ct. 2009)

Lozano v. AT&T Wireless et al.

Represented AT&T Mobility in California class action regarding roaming charges and a putative nationwide class case alleging 'cramming.' Obtained orders dismissing two claims on summary judgment and denying class certification on all but two claims, with the two certified claims limited to California subscribers only. 504 F.3d 718, 728 (9th Cir. 2007, C.D. Cal. 2008)

McCarthy Products Co. v. Four Seasons Hotels Limited*

Represented Four Seasons in putative nationwide class action alleging company sent unsolicited fax advertisements in violation of the TCPA. Case settled on favorable terms. (King Cnty. (Wash.) Super. Ct. 2008)

Odom et al. v. Best Buy Co., Inc. et al.*

Defended Microsoft in putative nationwide product liability class action alleging consumer protection claims regarding marketing of Internet access service. (King Cnty. (Wash.) Super. Ct. 2008)

Luna et al. v. Household Finance Corporation et al.*

Represented HFC against predatory lending claims throughout Washington. Successfully moved the case from state court in plaintiffs' lawyers' home county to a more favorable forum in federal court in Seattle. Defeated plaintiffs' request to bar HFC's foreclosure activity and obtained order denying class certification in federal court. (W.D. Wash. 2007)

Wakefield et al. v. The Disney Company et al.*

Defended video game publisher Square Enix Co., Ltd., in copyright infringement and unfair competition action. Obtained dismissal on the pleadings. (C.D. Cal. 2007)

Ecker-Lombard v. United Services Automobile Association*

Defended insurance carrier in a putative class action alleging underpayment of certain underinsured motorist benefits payments. Settled favorably. (King. Cnty. (Wash.) Super. Ct. 2006)

Velez v. Microsoft Corporation*

Defended Microsoft in putative nationwide product liability class action regarding alleged defect in video game consoles. In light of earlier pending class action asserting similar claims, moved to dismiss under the 'first-filed' doctrine, after which plaintiffs voluntarily dismissed their complaint. (W.D. Wash. 2006)

Brantingham et al. v. Best Buy Co., Inc. et al.*

Defended Microsoft in putative nationwide class action alleging consumer protection claims regarding marketing of Internet access service. Given another pending class action involving similar issues, persuaded plaintiffs to voluntarily dismiss their complaint. (W.D. Wash. 2005)

Drury v. Household Finance Corporation*

Defended home mortgage lending company in wrongful discharge case alleging company terminated plaintiff in retaliation for “whistleblowing.” Case settled on favorable terms. (King Cnty. (Wash.) Super. Ct. 2005)

Espinoza et al. v. Identix Incorporated*

Represented technology company in a putative nationwide products liability class action involving biometric security technology. Dismissed on summary judgment. (D. Or. 2005)

Heaphy et al. v. State Farm Mutual Automobile Insurance Company*

Defended insurance carrier in a putative class action asserting claims for conversion, bad faith, and violation of Washington's Consumer Protection Act for allegedly improper subrogation practices relating to certain property damages recoveries. Obtained summary judgment dismissal and successfully defended judgment on appeal. (Pierce Cnty. (Wash.) Super. Ct. 2005)

Meas v. State Farm Mutual Automobile Insurance Company*

Defended insurance carrier in a putative class action asserting claims for conversion, bad faith, and violation of Washington's Consumer Protection Act for allegedly improper subrogation practices relating to certain property damages recoveries. Obtained summary judgment dismissal and successfully defended judgment on appeal. (Pierce Cnty. (Wash.) 2005)

Bakar v. State Farm Mutual Automobile Insurance Company*

Defended insurance carrier in a putative class action seeking compensatory and punitive damages for allegedly improper subrogation practices regarding certain bodily injury damages recoveries. Obtained summary judgment dismissal and order denying plaintiff's motion for class certification as moot in light of dismissal. Successfully defended on appeal. (King. Cnty. (Wash.) Super. Ct. 2004)

New GlaStar LLC v. Schiffs und Industriebeteiligung GmbH et al.*

Defended foreign aircraft manufacturer in breach of contract and trademark action. Obtained dismissal on grounds of forum non conveniens. (W.D. Wash. 2003)

In re Cadet Heater Litigation*

Represented a national distributor of home products in a nationwide product liability class action involving allegedly defective in-wall heaters. Case resolved favorably through settlement. Successfully defended collateral attack on the judgment. (King. Cnty. (Wash.) Super. Ct. 2002)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Adjunct Professor, Seattle University School of Law, Seattle
  • Shareholder, Heller Ehrman LLP, Seattle
  • Law Clerk, Hon. Barbara Durham, Chief Justice, Washington State Supreme Court, Olympia, Wash.

Professional & Community Activities

  • American Bar Association
  • Washington State Bar Association – Leadership Institute Advisory Board, 2007-2010; Judicial Recommendation Board, 1997-2000
  • Asian Bar Association of Washington – President, 2004; President-Elect, 2003; Vice President, 2002; Board of Directors, 1997-1999, 2002-2005, 2007-2008
  • National Asian Pacific American Bar Association – Board of Governors, 1999-2000; Alternate Governor, 2002-2005
  • Washington State Minority & Justice Commission, 1999-2005
  • Minority Bar Associations of Washington – Co-chair, Joint Committee on Law Firm Diversity, 2007-2009
  • King County Bar Foundation Diversity Coalition – Co-chair, Development Task Force, 2002

Professional Recognition

  • Named one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2013-present
  • Named one of the "Best Lawyers Under 40," National Asian Pacific American Bar Association, 2002
  • Selected to "Washington Super Lawyers," Thomson Reuters, 2005-2014
  • Selected to "Washington Rising Stars," Thomson Reuters, 2004-2005
  • 2009 Excellence in Diversity Award, Washington State Bar Association