Alerts

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


Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience.

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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...
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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...
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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...
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Class Action Lawsuit Defense
TCPA Class Denied Certification Due to Binding Authority of Yaakov and Proof of Individualized Issues of Consent
November 13, 2017
A recent order from the Northern District of Illinois granted a defendant’s motion to deny class certification regarding “unsolicited” fax advertisements allegedly sent in violation of the Telephone Consumer Protection Act (TCPA). The...
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Class Action Lawsuit Defense
Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement
By Gretchen L. Jewell
October 10, 2017
The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative class action...
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