10100 Santa Monica Boulevard
Los Angeles, CA
Chair, Consumer Protection Defense
Michael Mallow heads Loeb & Loeb’s Consumer Protection Defense Department and is a trial lawyer representing clients in major litigation in a wide variety of areas including unfair competition, false and deceptive advertising, business torts, entertainment and intellectual property. His clients include automobile manufacturers, automotive parts and service retailers, credit card processors, list managers, debt settlement companies, catalogue clubs, Internet sales and marketing companies, dietary supplement/functional food manufacturers/ retailers, health and beauty manufacturer/retailers, wireless carriers, gift/rebate/stored value card providers, telemarketers, and entertainment producers. Mr. Mallow is also the State Bar of California’s outside counsel on issues related to its member programs.
Mr. Mallow has defended consumer protection actions and investigations initiated by the Federal Trade Commission, United States Department of Justice, Consumer Product Safety Commission and Federal Communications Commission; the California Attorney General, Department of Corporations, Department of Real Estate and the State Licensing Board; the San Francisco, San Bernardino, Stanislaus, Monterey, Santa Clara, Fresno and Orange County District Attorneys; as well as enforcement agencies in Florida, Indiana, Iowa, Michigan, Minnesota, North Carolina, North Dakota, Pennsylvania and Vermont. Mr. Mallow defended the FTC's first prosecution of the National Do-Not-Call registry and was lead trial counsel in a dietary supplement case prosecuted by the FTC under Section 5 of the FTC Act.
Mr. Mallow has defended consumer class and regulatory actions based on the following state and federal laws and regulations: Federal Trade Commission Act, Fair Credit Reporting Act, Magnuson-Moss Warranty Act, Gramm-Leach-Bliley Act, Telephone Consumer Protection Act, Telemarketing Sales Rule, Truth-in-Lending Act, Fair Debt Collection Practices Act, Racketeering Influenced and Corrupt Organizations Act (RICO), California False Advertising Law (Business & Professions Code 17500), California Unfair Competition Law (B&P 17200), California Consumer Legal Remedies Law, California Song-Beverly Consumer Warranty Act, California Song-Beverly Credit Card Act of 1971, District of Columbia Consumer Protection and Procedures Act and the Indiana Deceptive Practices Act.
In addition to his litigation practice, Mr. Mallow regularly counsels clients on marketing and advertising issues and has particular experience in the automotive, debt negotiation, dietary supplement, telemarketing, electronic mail marketing, Internet, and lead generation industries. He also speaks and counsels companies on preparing for supervision and regulation by the new Consumer Financial Protection Bureau (CFPB), created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
Mr. Mallow serves as a volunteer prosecutor for the Los Angeles City Attorney’s office and the Burbank City Attorney’s office under the Los Angeles County Bar's Trial Advocacy Program.
Prior Work Experience
Prior to joining the firm, Mr. Mallow was a litigation partner at Kirkpatrick & Lockhart Nicholson Graham LLP from 1998 to 2006.
Public Government Litigations
- Represented publicly-held licensing company in an investigation and action filed by the Federal Trade Commission alleging the company violated provisions of the Children’s Online Privacy and Protection Act (“COPPA”)
- Defended a variety of clients in the Internet marketing and software, debt settlement, nutritional supplements, payment processing and catalogue shopping industries in Federal court cases alleging the marketing of clients' products and services violated Section 5 of the FTC Act.
- Represented Internet marketing clients in Federal Court Declaratory Judgment Act case filed against FTC alleging that the FTC’s demand for monetary relief from clients is not authorized under Section 13(b) of the FTC.
- Represented payday loan clients in administrative action and consent decree before the Federal Trade Commission alleging that clients pay day loan marketing violated the Truth in Lending Act, and Regulation Z.
- Defended residential mortgage clients in Federal Court action filed by the United States Department of Justice on behalf of the FTC seeking civil penalties related to alleged violations of the National Do-Not-Call Registry and the Federal Telephone Consumer Protection Act.
- Defended debt settlement clients in response to administrative subpoena, administrative proceeding and subsequent writ of administrative mandate and appeal related to alleged violations of California’s prorater law.
- Defended national arbitration provider client in action brought by the City of San Francisco alleging client’s consumer arbitration business violates California’s Unfair Competition Law (B&P Code Section 17200).
- Defended a group of individuals and their now defunct companies in the Federal Trade Commission's first prosecution under the National Do-Not-Call registry. The FTC also alleged the individuals and their companies, misrepresented their businesses, failed to disclose material information to consumers in violation of Section 5 of the FTC Act and failed to provide adequate privacy disclosures in violation of the Gramm-Leach-Bliley Act
Class Action Litigations
- Defended national automotive parts retailer in putative class action alleging client was part of a telemarketing campaign that utilized automated dialers and prerecorded messages in violation of the Federal Telephone Consumer Protection Act.
- Defended automobile manufacturer clients in putative class actions alleging false and misleading marketing regarding fuel economy, headlight systems, fuel tanks, braking systems, and low-profile tires in violation of California’s Consumer Legal Remedies Act and Unfair Competition and False Advertising Law (B&P Code Sections 17200 and 17500).
- Defended athletic association in putative class action alleging that the client’s ticket distribution process constituted an unlawful lottery in violation of Federal civil RICO law, California’s Unfair Competition Law and Indiana’s Deceptive Trade Practices Act.
- Defended national automotive parts retailer in putative class action alleging that client’s return procedures violated California’s Song-Beverly Credit Card Act of 1971.
- Defended a variety of clients, including wireless telecommunication carriers, nutritional supplements companies, consumer electronics manufacturers, vending machine distributors, coin grading companies and others in putative class actions alleging false and misleading marketing in violation of California’s Unfair Competition and False Advertising Laws (B&P Code Sections 17200 and 17500).
- Defended residential mortgage lenders in putative class actions alleging violations of the Federal Fair Credit Reporting Act, the Federal Truth in Lending Act and Real Estate Settlement Procedures Act, and California's Unfair Competition Law and Consumer Remedies Act.
- Defended a group of companies who were sued in a putative class action filed in the District of Columbia Superior Court alleging the companies' initiation of pre-recorded voice mail messages violated the Federal Telephone Consumer Protection Act and the District of Columbia's Consumer Protection and Procedures Act.
- FTC v. EDebitPay, LLC, et. al., 695 F.3d 938 (9th Cir. 2012)
- Winzler v. Toyota Motor Sales, USA, Inc. et. al., 681 F.3d 1208 (10th Cir. 2012)
- Diana Mey v. The Pep Boys, et. al., 717 S.E.2d 235 (W. Va. 2011)
- George v. National Collegiate Athletic Association, 945 N.E.2d 150 (Ind. 2011)
George v. National Collegiate Athletic Association, 623 F.3d 1135 (7th Cir. 2010)
- Federal Trade Commission v. Neovi, Inc., 604 F.3d 1150 (9th Cir. 2010)
- People ex rel. DuFauchard v. U.S. Financial Management, Inc., 169 Cal.App.4th 1502 (2009)
- Nationwide Asset Services, Inc. v. DuFauchard, 164 Cal.App.4th 1121 (2008)
- Speaker, You Make the Call: What You Should Know About the Telephone Consumer Protection Act to Make Sure It Isn't the Wrong One (May 8, 2013)
- Author, Manually Dialed Telephone Calls May Violate TCPA (May 2013)
- Co-author, The Hard Stop On ‘Adventurous Innovation’ In Class Action Litigation: The United States Supreme Court’s Decision In Comcast v. Behrend, Remand Of Whirlpool v. Glazer And The Probable Return Of Defect Manifestation To Class Certification Determinations In The Ninth Circuit, Mealey's Litigation Report: Class Actions (April 19, 2013)
- Author, CFPB Settles Allegations of Improper Payments by Mortgage Insurers (April 2013)
- Speaker, Bridgeport Continuing Education Class Action Litigation & Management Conference (April 11-12, 2013)
- Author, CFPB Announces Plans to Hold Auto Lenders Liable for Discriminatory Loans (April 2013)
- Author, Your Complaints Just Went Public! The CFPB Expands Online Access to Consumer Complaint Data (March 29, 2013)
- Author, CFPB Proposes Rule to Supervise Largest Nonbank Student Loan Servicers (March 2013)
Member, Antitrust & Unfair Competition Section, State Bar of California
Member, Los Angeles County Bar (2007-Present)
Board of Directors, Inside Out Community Arts (2000-2008)
Member, Association of Business Trial Lawyers (2004-2006)
Riordan Volunteer Leadership Development Program (December 2000)
Named "Privacy & Consumer Protection MVP" by Law360 (2012)
Named "BTI Client Service All-Star" by BTI Consulting Group (2012)
Named in "Southern California Super Lawyers" in Class Action/Mass Torts, Business Litigation and Civil Litigation Defense, a Thomson Reuters business (2005-2013)
Named in Chambers USA, America's Leading Lawyers for Business, in California Litigation: General Commercial, (2012 edition)
Named in The Legal 500 US in Marketing and Advertising, published by Legalease Limited and John Pritchard (2012 edition)
Highest "AV Preeminent (5 out of 5)" Professional Rating, Martindale-Hubbell Law Directory
Recipient, President's Volunteer Service Award from the President's Council on Service and Civic Participation
"Top 20 Under 40," Daily Journal (2005)
Rising Star, Southern California Super Lawyer, Los Angeles magazine (2004)
George Washington University Law School, J.D., 1991, With Honors
Associate Editor, The George Washington Journal of International Law and Economics
State University of New York at Binghamton, B.A., 1988
District of Columbia
District of Columbia Superior Court
District of Columbia Superior Court