Consumer Class Actions
BZS represents both plaintiffs and defendants in consumer protection class actions. These cases involve claims brought against corporations such as banks, internet service providers, online databases, cellular telephone providers, retailers, manufacturers, online subscription services and other providers of goods or services. Plaintiffs in these cases typically allege that the defendants engaged in unfair or deceptive acts and practices, which cause economic harm to the consumers of their goods or services. Such acts and practices include selling products with a common design defect; infecting users’ computers with spyware; misrepresenting the quality of the goods sold; bait and switch practices; data breaches causing the publication of personally identifiable information; and false advertising.
Michelson, et al. v. The Cutler Group, Inc. d/b/a/ The David Cutler Group, No. 2016-25076 (CCP, Montgomery County, Pa).
We are lead plaintiffs’ counsel for the owners of homes with stucco exteriors in a class action against the builder, on the grounds that the application of the stucco exteriors was defective and that the builder knew or should have known of the defective application. The plaintiffs allege that the defective exteriors have caused economic harm by requiring the homes to be repaired and by lowering the homes’ resale value. The case is pending.
Savett v. Sealy Inc., Civil No. 1:11-cv-336 (M.D.N.C.); and Baumgart v. Sealy Inc., 2:13-cv-02134-EFM-KGS (D. Kan.).
The firm defended Sealy against two separate class actions alleging that the mattress manufacturer sold defective mattresses and concealed the alleged defect. In both actions we prevailed on the plaintiffs to accept nuisance-value settlements shortly after the cases’ inception.
In re: Apple In-App Purchase Litigation, Master File No. 11-CV-1758 (N.D. Cal.).
BZS was co-lead counsel in this consumer class action on behalf of parents of children who made "in-app purchases" on an Apple iPhone or iPad without the parent's knowledge and permission. After litigation and mediation, plaintiffs and Apple entered into a class action settlement that provided the account holders with full refunds for qualifying in-app purchases.
In re: Yahoo! Litigation, Master File No. CV 06-2737 CAS (FMOx) (C.D. Cal.).
We were co-lead counsel in this class action against Yahoo! Inc. Plaintiffs alleged that Yahoo! advertising customers contracted for targeted ad placements through two pay-per-click advertising products, “Sponsored Search” and “Content Match,” and that Yahoo! breached its contract with its customers by allowing the ads to be displayed in spyware, domain name parking sites (also known as bulk registration sites), pop-ups, pop-unders, and typosquatting sites. After years of hard fought litigation, and after four mediations spanning over two years, the parties reached a settlement requiring Yahoo! to implement sweeping changes to its targeted ad placement practices and providing monetary damages to class members.