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Desktop Image: Payson, Ken
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Ken Payson

He/Him

Partner

Co-chair, Class Action Defense Group

Chair, Practice Group DEI Committee (Litigation)

T 206.757.8126 Seattle
I enjoy finding new ways to make my clients' problems disappear.
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Ken Payson helps clients find the earliest, most cost-effective exit from actual or threatened class-action litigation. The co-chair of DWT's class-action defense group, for more than 25 years he has guided clients safely through the complex statutory and regulatory framework of privacy, false advertising, employment, and product liability class-action jurisprudence.

A nationally respected litigator, Ken has repeatedly been recognized by Best Lawyers and Super Lawyers in commercial and class-action litigation. Ken represents clients from a wide range of industries, including global technology companies, healthcare providers, financial institutions, telecommunication providers, and digital and print 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.

Practice Highlights

Privacy class actions

Defended more than 75 "blast text," "blast fax," and robocall class actions throughout the country involving claims under the federal Telephone Consumer Protection Act (TCPA) and similar state laws restricting unsolicited faxes and the use of auto-dialers and prerecorded or artificial voice to place texts or calls. Defended numerous privacy protection, information-sharing, and recording-disclosure practices class actions. Shielded clients from billions of dollars in statutory damages exposure.

False advertising and deceptive business practices class actions

Defended dozens of class actions alleging false advertising or deceptive business practices regarding consumer-facing representations and disclosures, and billing or other customer practices.

Employment class actions and litigation

Represented companies accused of violating wage-and-hour or other employment laws, including overtime, minimum wage, meal and rest breaks, commission calculations, adequate employee seating, and wrongful discharge claims.

Privacy Class Actions

Hartman v. United Bank Card

Obtained denial of class certification for defendant financial services and payment processing company in class action followed by individual settlement. 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 Electronic Funds Transfer Act class action for national retailer

Defended national healthcare services company in a nationwide putative class action alleging company debited customer accounts without consent in violation of the Electronic Funds Transfer Act. Settled on an individual basis before answering complaint.  (C.D. Cal. 2019)


Nationwide TCPA class action against global thrift retailer

Defending global thrift retailer in a nationwide putative class action alleging retailer placed automated calls to cellphones without consent in violation of the TCPA. Settled favorably (C.D. Cal. 2019-2021)

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

Represented major broadcasting company in putative nationwide class action alleging the company sent text messages in violation of the TCPA. Settled favorably on individual basis. (C.D. Cal. 2014)

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

Representing 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. Settled favorably on class basis. (D. N.M. 2016)
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False Advertising and Deceptive Business Practices Class Actions

Advertised-pricing class action for national retailer

Defending national health and nutrition products retailer in putative California statewide class action challenging sale prices advertised for products on website as deceptive and misleading under California’s Unfair Competition Law (UCL), Consumer Legal Remedies Act (CLRA), and False Advertising Law (FAL). (S.D. Cal. Ongoing)

Advertised-pricing class action for national retailer #2

Defending national retailer health and nutrition products in putative California statewide class action challenging sale prices advertised for products on website as deceptive and misleading under California’s UCL, CLRA, and FAL. (S.D. Cal. Ongoing)

Advertised-pricing class action for national retailer

Defending national retailer health and nutrition products in putative nationwide class action challenging sale prices advertised for products on website as deceptive and misleading under Pennsylvania, California, and other states’ consumer protection laws. (W.D. Pa. Ongoing)

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 Washington, California, and other states’ consumer protection statutes by advertising engaging in network management practices. Resolved favorably through settlement. (W.D. Wash. 2014)

Newton v. Clearwire

Represented retail supplier of wireless communications services in putative class action alleging the company misrepresented its service quality and failed to adequately disclose its communications network management practices in violation of California's Unfair Competition Law and Consumer Legal Remedies Act and other claims. Settled favorably on class basis. (E.D. Cal. 2011)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Employment Class Actions and Litigation

Wage-and-hour class action for commercial bank

Representing commercial bank in putative multi-state class action alleging the company failed to pay overtime and improperly calculated commissions in violation of the Fair Labor Standards Act and Washington, California, Oregon, Idaho, and Utah laws. (W.D. Wash. Ongoing)

Wage-and-hour class action for multinational banking and financial services corporation

Represented multinational banking and financial services corporation in putative Washington statewide class action alleging the company failed to pay overtime, minimum wage, provide rest and meal breaks, or wages owed in violation of Washington’s employment and consumer protection laws. Settled favorably on class basis. (W.D. Wash. 2014)

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)

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)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Product Liability Class Actions

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)

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)

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)

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 an attorney's experience prior to joining Davis Wright Tremaine
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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
  • U.S. District Court, Northern District of Illinois

Education

  • J.D., University of California, Berkeley School of Law, 1996
    • Associate Editor, California Law Review
    • Editor-in-Chief, Asian Law Journal
    • Anthony Dragonette Memorial Award, Outstanding Student in Civil Trial Program
    • American Jurisprudence Award, Highest Grades and Rank in Civil Trial Practice and Pre-Trial Civil Litigation Courses
  • B.A., California State University, East Bay, 1993, magna cum laude

Memberships & Affiliations

    • Washington Leadership Institute Advisory Board, 2007-2010; Executive Director Search Committee, 2007; Judicial Recommendation Committee, 1997-2000 – Washington State Bar Association
    • Board of Governors, 1999-2000; Alternate Governor, 2002-2005; Student Scholarship Committee, 2010-2016 – National Asian Pacific American Bar Association
    • Washington State Minority & Justice Commission, 1999-2005
    • Co-chair, Joint Committee on Law Firm Diversity, 2007-2009 – Minority Bar Associations of Washington
    • President, 2004; President-Elect, 2003; Vice President, 2002; Board of Directors, 1997-1999, 2002-2005, 2007-2008; Judicial Evaluations Committee, Chair, 1997-1999 – Asian Bar Association of Washington
    • President, 2015-2016; Board of Directors, 2013-2018, 2023-2024 – Asian Bar Association of Washington Student Scholarship Foundation
    • Chair, 2017-2018; Board of Directors, 2017-2018 – Washington Initiative for Diversity
    • Co-chair, Development Task Force – King County Bar Foundation Diversity Coalition, 2002

Professional Recognition

    • Named one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Washington), 2025
    • Named one of the "Best Lawyers in America" by Best Lawyers in Commercial Litigation, 2013-present; in Appellate Practice, 2019-present
    • Named one of the "Best Lawyers Under 40," National Asian Pacific American Bar Association, 2002
    • Selected to "Washington Super Lawyers," Thomson Reuters, 2005-2018
    • Selected to "Washington Rising Stars," Thomson Reuters, 2004-2005
    • Received the "Excellence in Diversity Award," Washington State Bar Association, 2009
    • Received the "Edward J. Davis Diversity & Mentorship Award," Davis Wright Tremaine, 2021

Background

    • 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.
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Publications
06.06.25
News
Chambers USA Affirms Davis Wright Tremaine's Growing National Leadership in Key Industry Sectors Read More
01.27.25
Webinars
"What now?: A chat with the American Civil Liberties Union (ACLU)," DEI Education Series, Davis Wright Tremaine Webinar Read More
Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More
person unlocking phone
05.12.23
Insights
State and Local Matters
Maryland and Florida Take Divergent Approaches in Their 'Mini-TCPA' Laws Read More
10.08.22
Presentations
Panelist, "Communicating with Different World Views," Commercial Litigation 2022 Practice Group Retreat, Davis Wright Tremaine, San Diego
09.16.22
Presentations
Panelist, "Succeeding in a Firm While Maintaining Your Identity," Attorney Retreat, Davis Wright Tremaine, Chicago
Publications
January–February 2022
Publications
Communications Regulatory
Co-author, "Federal Court Says Voice Service Providers "Mey" Face TCPA Liability for Facilitating Spoofed Robocalls," The Journal of Robotics, Artificial Intelligence & Law (RAIL) Read More
11.11.21
Webinars
"Veterans Day Conversation," Davis Wright Tremaine Webinar Read More
headset and digital communication icons
05.05.21
Insights
Court Activity
Federal Court Says Voice Service Providers "Mey" Face TCPA Liability for Facilitating Spoofed Robocalls, Denies Motion to Dismiss Read More
courthouse columns
04.02.21
Insights
Court Activity
SCOTUS Adopts Narrow Autodialer Definition, Fundamentally Alters TCPA Landscape Read More
Landline phone
07.09.20
Advisories
Advertising, Marketing & Promotions
FCC Creates Reassigned Phone Number Database With Safe-Harbor Against TCPA Liability for Users Read More
Publications
2019
News
Honduran Man Turned in to ICE by Police after Reporting a Crime Read More
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