消费者集体诉讼与监管辩护

Consumer-facing businesses operate in an environment of constant legal and regulatory scrutiny. Navigating this landscape requires forward-thinking counsel and strategies that align risk management with long-term business objectives.

Loeb & Loeb’s Class Action Defense practice focuses on defending companies and their owners, officers and directors who are the subject of private lawsuits alleging violations of consumer protection and unfair competition laws, government enforcement actions, and regulatory investigations.

We represent a broad array of consumer-facing businesses regarding marketing and advertising misrepresentation claims, unfair and deceptive trade practices claims, breach of warranty claims, and consumer privacy claims. Our clients span a diverse range of industries, and we have substantial experience in the food and beverage, health, wellness and beauty, luxury fashion and goods, advertising technology, automotive and financial services sectors, all of which are under intense scrutiny from class action lawyers and regulators.

Having systems in place to defend litigation before it happens saves a company time, money and potential reputational impact if and when a class or enforcement action arises. At Loeb, our seasoned trial lawyers offer comprehensive counseling services to protect our clients’ business interests, including reviewing advertising campaigns, marketing materials and consumer agreements; developing policies and procedures regarding due diligence, marketing substantiation, data preservation, consumer privacy, and staff and affiliate training; and implementing customer satisfaction monitoring and complaint response. Through these measures, we strive to keep our clients “off the radar” while helping them structure their business operations to enable immediate access to evidence needed to quickly and effectively defend consumer protection-related litigation or respond to potential inquiries from regulators.

We offer comprehensive support across these capabilities:

Our Class Action Defense team provides comprehensive counsel and representation to companies facing complex consumer protection class litigation. We defend clients against claims brought under unfair competition, false advertising, deceptive trade practices, and labeling laws and regulations.

We are known for our strategic, business-oriented approach and close collaboration with clients. Our goal is always to resolve matters as quickly, efficiently and cost-effectively as possible. We tailor our strategies to the unique factual and legal aspects of each case, aligning closely with our clients’ business objectives.

Pre-Suit Notices of Claims and Threats of Class Action Litigation

Our team regularly advises clients on pre-litigation threats, helping them assess risk and determine the most effective course of action. We assist in:

Evaluating the merits and exposure of potential claims
Responding to demand letters
Developing strategic responses that align with business goals
Negotiating favorable pre-suit settlements, when appropriate

This early intervention approach often allows us to resolve disputes before they escalate into litigation, saving clients time, resources and reputational harm.

Filed Actions

When litigation becomes unavoidable, our Class Action Defense team is fully equipped to handle every phase of the case. We represent companies in filed actions across key jurisdictions, including in California, New York and Illinois—three of the most active and challenging venues for class litigation.

Our team has secured early and decisive outcomes through aggressive motion practice and successful opposition to class certification. When cases proceed beyond that stage, we have consistently delivered exceptional results at summary judgment, at trial or through favorable settlements.

Our team has defended claims under various federal and state statutes, including:

California Consumer Legal Remedies Act
California Unfair Competition Law
California False Advertising Law
New York General Business Law Sections 349 and 350
Illinois Consumer Fraud and Deceptive Practices Act
Florida Deceptive and Unfair Trade Practices Act
Florida Misleading Advertising statute
Nevada Deceptive Trade Practices Act
State warranty laws under the Uniform Commercial Code
Song-Beverly Consumer Warranty Act

We also provide regulatory compliance counseling related to Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulations and California’s Proposition 65, helping clients proactively manage class action exposure tied to advertising, warranties and labeling.

We represent companies in high-stakes privacy class actions and regulatory investigations arising from alleged data breaches, wiretapping, improper data sharing, tracking technologies, biometric information collection and mobile app data practices. Our experience includes defending against claims brought under the California Invasion of Privacy Act, the California Consumer Privacy Act, the Illinois Biometric Information Privacy Act, the Video Privacy Protection Act (VPPA), and other evolving federal and state privacy laws, such as the Telephone Consumer Protection Act, CAN-SPAM Act and Song-Beverly Credit Card Act.

Our team has handled privacy enforcement matters before the FTC and state attorneys general and advises clients on risk mitigation strategies related to targeted advertising, consent flows, dark patterns and cross-border data transfers. We also provide proactive compliance counsel to help clients align with fast-changing legal standards in consumer privacy.

Our lawyers regularly defend consumer protection actions and investigations brought by the U.S. Department of Justice, the FTC, the Federal Communications Commission, the Consumer Product Safety Commission, and various state attorneys general and enforcement agencies across the country.

We understand the interrelationships between civil enforcement actions and the consumer class action lawsuits that often follow. We know that strategic defense decisions cannot be made in a vacuum—consideration must be given as to how a litigation move in one context may affect an outcome in another action (perhaps one that has not even been filed yet). Our team successfully resolves cases in both of these arenas, and we use this background to achieve the best possible results for our clients.

In today’s business environment, companies are not only faced with strict governmental oversight and consumer attack but also must deal with competitor challenges to their advertising. Loeb offers the experience to handle competitor challenges before the National Advertising Division of the Council of Better Business Bureaus as well as in federal (Lanham Act) and state (e.g., California Business & Professions Code Section 17500) false advertising disputes.