Consumer Protection & Class Actions
Benesch’s Consumer Protection & Class Actions team delivers strategic defense for global brands, national companies and emerging businesses facing high-stakes class-action litigation. We don’t merely defend class actions; we take control of cases, employing innovative approaches that avoid costly litigation and deliver favorable outcomes.
Overview
Exceptional Track Record
Our team has resolved hundreds of high-stakes consumer attacks across the nation that have threatened to cripple industry-leading companies and has defended clients in hundreds of high-stakes class action matters.
Benesch has the knowledge and experience to defeat the most common and most dangerous consumer protection claims. Our deep experience spans consumer fraud, false advertising, privacy violations, antitrust claims and emerging issues under state and federal consumer protection laws.
The numbers speak for themselves:
500+
Class action matters resolved
200+
Consumer fraud and deceptive trade practices cases handled
100+
California Unfair Competition Law claims resolved
50+
Retail consumer class actions handled
Focused Experience to Defeat the Most Litigated Claims
With decades of experience, we are the firm that has seen it all before and knows how to win. We are particularly experienced in:
Our team has handled more than 60 class actions under the Federal Wiretapping Act, Video Privacy Protection Act, California Invasion of Privacy Act and emerging privacy laws. While others scramble to understand these complex technologies, our attorneys have mastered both the technical landscape and the evolving legal frameworks to defeat consumer claims.
With 100+ TCPA cases across 30+ states, we have established a strong track record securing summary judgment, winning dismissals and defeating class certification. Global corporations choose us as national telemarketing counsel because we don’t just win cases, we create legal strategies that prevent future attacks.
As BIPA litigation exploded, Benesch was at the forefront of BIPA defense. Our team has pioneered novel constitutional defenses, HIPAA-based arguments and critical arbitration defenses that have neutralized more than 20 biometric class actions, establishing precedents that protect our clients’ operational integrity. Clients also trust Benesch to draft air-tight biometric policies that prevent future litigation.
Our decades-long specialization in retail class action defense has produced a string of precedent-setting victories. Benesch stands alone with a dedicated practice that has defended and won hundreds of high-stakes retail class action cases.
Innovative Litigation Strategies
Our class action team develops and implements customized litigation strategies and has successfully defeated class action lawsuits with innovative tactics, such as:
- Early-stage strikes that seize control before discovery costs mount
- Bifurcation strategies that impede our opponents’ momentum
- Groundbreaking use of metadata and video evidence that exposes manufactured claims
- Novel legal arguments that have rewritten the class action landscape in our clients’ favor
Preemptive Protection
Our team works directly with our clients to proactively engineer customized solutions that minimize exposure to consumer protection claims. Benesch provides:
- Compliance program leadership that addresses vulnerabilities before class action firms can exploit them
- Global and national guidance for corporations requiring multijurisdiction protection
- Compliance review to ensure company policies, marketing materials and more are immune from consumer attacks
- Policy, agreement and marketing material design that complies with federal, state and local consumer protection laws
When aggressive class action attorneys target your business with bet-the-company class actions, Benesch is the team to protect your business and brand.
Related Practices
Our work in action
Representative Examples
Red Wing
Obtained a complete dismissal in state court of a class action brought under the Fair and Accurate Credit Transactions Act, creating incredibly helpful case law in Florida in the process. The Fourth District Court of Appeals affirmed the decision after oral argument and the Florida Supreme Court denied review.
Albertsons
Won a rare affirmative motion to deny class certification for Albertsons, cutting short a putative class action under the Telephone Consumer Protection Act at the pleading stage.
Blistex
Obtained dismissal with prejudice of a consumer fraud class action brought against Blistex alleging that the packaging of one of its products did not allow the consumer to obtain the entirety of the contents.
Key Contacts
Related News
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