Duane Morris LLP has released the Consumer Fraud Class Action Review – 2024, the inaugural edition of this publication. It analyzes the key consumer fraud-related rulings, settlements and litigation developments in 2023 in the class action space and the significant trends that are apt to impact these types of lawsuits in 2024. Within the vast realm of class action litigation, consumer fraud class actions remain at the forefront. Consumer fraud class actions typically involve a class of consumers who believe they were participating in a legitimate business transaction, but due to a merchant or company’s alleged deceptive or fraudulent practices, the consumers were actually being defrauded. A wide variety of conduct gives rise to consumer fraud claims, and there are specific industries within which consumer fraud claims abound. In last several years, for example, the beauty and cosmetics industries saw a boom in consumer fraud class actions for mislabeled products that physically harmed unknowing consumers. Other consumer fraud claims arise over things like household appliances, hidden fees, faulty warranties, deceptive credit reporting practices and even for misrepresentations about the concentration of THC in cannabis products. In 2023, consumer fraud class actions ran the gamut of false advertising and false labeling claims. The products at issue included everything from cannabis to nuts.
Every state has consumer protection laws, and consumer fraud class actions require courts to analyze these statutes both with respect to plaintiffs’ claims and also with respect to choice of law analyses when a complaint seeks to impose liability upon multiple states’ consumer protection laws. Careful analysis and attention to the allegations is paramount, and often, factual issues prevent dismissal of claims at the pleading stage. Thus, a defendant faced with a consumer fraud class action will often have to defend the matter at least through classwide discovery. A helpful tool in this regard is a bifurcated discovery process wherein the first stage of discovery can focus on class allegations and class certification, and the second phase of discovery can focus on the actual merits of the case.
Written by Duane Morris partners Gerald L. Maatman, Jr. and Jennifer A. Riley and several contributors, the Consumer Fraud Class Action Review – 2024 reflects a broad array of “lessons learned” from their extensive experience in defending consumer fraud class action litigation nationwide.
“The purpose of the Duane Morris Consumer Fraud Class Action Review is multifaceted,” says Maatman. “We hope it will demystify some of the complexities of class action litigation and keep corporate counsel updated on the ever-evolving nuances of these issues, offering practical approaches in dealing with this type of litigation.”
Manifesting the collective knowledge of the Duane Morris Class Action Defense Group and more than 125 years’ combined class action experience of our editors, the Duane Morris Consumer Fraud Class Action Review – 2024 is designed to assist our clients by identifying developing trends in the case law and offering practical approaches in dealing with class action litigation.
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