Lawyers in Bingham’s Consumer Products Litigation Group have defended and advised clients in thousands of matters involving federal and state investigations, enforcement actions, and private and class action litigations based on consumer protection statutes and regulations. Even when limited to a single product or an unusual situation, these cases can become enormous, challenging an entire industry’s practice or an everyday product with sales in the billions.
For years, consumer laws have been used by public interest groups seeking to achieve their goals through litigation as opposed to legislation. Moreover, consumer law claims often involve multiple states and coordinated prosecution by various levels of government or between prosecutors and private organizations. The power of these laws is such that the exposure for even a relatively minor product or service can run to many millions of dollars.
Scope of Representation
We have represented clients across a wide range of industries in connection with consumer law claims. Our experience includes defending companies against:
- False advertising, deceptive trade practices, abusive telemarketing and email practices, and unfair competition claims
- Lanham Act lawsuits
- Advertising challenges before the National Advertising Division and the National Advertising Review Board of the Council of Better Business Bureaus
- Food and drug laws
- California’s Proposition 65 chemical labeling requirements
- Failure to warn claims
- State financial disclosure requirements
- State item-pricing laws
- State laws prohibiting specific practices (such as sale pricing) or requiring specific disclosures (such as limited quantities or reused goods)
- Privacy laws
- Tort claims
All companies are regularly at risk of consumer law challenges. Because of our deep experience and successful proactive approach to these matters, clients turn to Bingham for counsel to avoid them when possible and to defend against them when necessary. As an added value, because there are significant issues of public and government relations inherent in such matters, the Bingham Consulting can provide invaluable assistance to our clients in bridging the gap between business and government.
- Litigation defense, including class actions
- Crisis communications/management
- Indemnity/insurance claims
- Counseling and risk mitigation
- Due diligence
- Multistate coordination
- Expert challenges (Daubert)