Practice Capabilities

Loeb & Loeb’s Consumer Protection Defense Department is composed of experienced litigators and trial attorneys who defend government enforcement actions, government investigations and private class action lawsuits that allege violations of consumer protection and unfair competition laws. The group also represents businesses in inter-company disputes involving unfair business practices and false advertising claims.

Class Action and Regulatory Defense Capabilities 
Attorneys in our practice have defended claims involving California’s Consumer Legal Remedies Act, Unfair Competition Law, CAN-SPAM Act, Proposition 65, Weights and Measures, the Song-Beverly Consumer Warranty Act, the Song-Beverly Credit Card Act of 1971 and California’s Prorater’s Law. We have defended claims brought under Federal and state Telephone Consumer Protection laws, the Telemarketing Sales Rule, the Gramm-Leach-Bliley Act, Federal Truth in Lending Act, the Children’s Online Privacy Protection Act and the Federal Fair Credit Reporting Act. We have defended consumer protection actions and investigations brought by the United States Department of Justice, the Federal Trade Commission and Federal Communications Commission; the Consumer Product Safety Commission, the California Attorney General, Department of Corporations, Department of Real Estate, Air Regulatory Board and the State Licensing Board. We have also represented clients in litigation and investigations pursued by District Attorneys throughout California, as well as enforcement agencies in Colorado, Florida, Illinois, Indiana, Iowa, Michigan, Minnesota, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Vermont and Washington.

Lanham Act and NAD Capabilities
Advertising in today’s business environment is subject to extensive scrutiny. Clients are not only faced with strict governmental oversight and consumer attack, but must also deal with competitor challenges to their advertising.

Loeb & Loeb offers the expertise to handle competitor challenges in two distinct forums. First, the firm has extensive experience before the National Advertising Division of the Council for Better Business Bureaus (NAD). The NAD offers a private, low-cost, expedited resolution of advertising disputes between competitors. Second, when private resolution fails, Loeb & Loeb offers trial tested experience in Federal (Lanham Act) and state (e.g., California B&P Code 17500) false advertising disputes.

Clients and Industries

Our goal is to provide clients with efficient, cost-effective representation in complex consumer-related litigation encompassing a diverse range of legal areas. We strive to keep our clients “off the radar” while training clients to effectively and efficiently defend claims and investigations when they arise. For those clients who engage us after litigation has already been filed, we focus on the economics of litigation and endeavor to develop defense strategies that maximize business motives and concerns, while capturing the valuable lessons that can be derived from every litigation or investigation.

Service Approach

Our unique counseling style stems from our litigation orientation. We not only advise clients regarding substantive regulatory requirements, but also prepare clients for litigation before it happens. Our counseling services include reviewing advertising and marketing materials; consumer agreements; developing policies and procedures regarding due diligence, marketing substantiation, data preservation, consumer privacy, staff and affiliate training, testing and correction; and customer satisfaction monitoring and complaint response. We advise clients on creating secret shopper protocols and, in keeping with our litigation orientation, we help clients structure business operations to enable immediate access to evidence needed to address relevant regulatory inquiries and consumer protection litigation.