False Advertising – Class Action Defense

Alerts / April 27, 2017

Recent class certification decisions involving price comparison ads are prompting a large number of copycat suits, and retailers nationwide are carefully evaluating their sales advertising practices. Whether comparisons are to regular or previously advertised prices, or to the prices of competitors, consumers are increasingly challenging comparison advertising in court. Alleged state and nationwide class actions have been filed against numerous companies in California, Illinois, Ohio, Pennsylvania, New Jersey, Massachusetts and other states, and BakerHostetler expects this type of retail advertising litigation to continue to climb.

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Video: Rodger Eckelberry: Minimizing Risks for False Advertising Class Actions

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In The Blogs

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Class Action Lawsuit Defense
Ninth Circuit Vacates Final Approval of National Settlement Class Action Certification
March 5, 2018
Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded that the...
Class Action Lawsuit Defense
The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts
February 21, 2018
As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563 U.S. 333...
Class Action Lawsuit Defense
The Top 10 Class-Action-Related Developments of 2017
January 10, 2018
2017 was a relatively quiet year for major class action news, especially in the Supreme Court, which addressed only a handful of cases that might have an impact on class actions and reached decisions only in a couple of those cases...
Class Action Lawsuit Defense
Kentucky Federal Court Brushes Aside Pre-emptive Attack on Class Allegations in Phishing Case, Rejects Out-of-the-Box Defense Strategy
By David M. McMillan
December 28, 2017
Brushing aside apparent flaws in a proposed class definition, a federal court in Kentucky declined to dismiss class allegations against North Carolina-based pharmacy services provider Pharm-Save Inc. (Pharm-Save) stemming from a W-2...
Class Action Lawsuit Defense
Seventh Circuit Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment
November 20, 2017
On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that the defendant...