settlement in historic
data breach litigation
Cohen Milstein’s Consumer Protection practice is at the forefront of protecting consumers across the United States from corporate malfeasance, including false and misleading advertising, warranty violations, personal data theft, fraudulent billing, and other types of unfair or deceptive business practices. We have received numerous accolades for our work in consumer law:
- The National Law Journal, “Winner – Elite Trial Lawyers – Environmental Protection” (2018)
- Law360, "Practice Group of the Year – Consumer Protection” (2018)
- The National Law Journal, “Winner – Elite Trial Lawyers – Consumer” (2018)
- Law360, “Practice Group of the Year – Privacy” (2017)
- Law360, “Practice Group of the Year – Class Action” (2017)
Our primary objective is to protect consumer rights through class actions under federal and state laws, bringing a full measure of justice and benefits to millions of consumers, while holding responsible parties accountable. Some of our cases have achieved historic settlements, while others have established legal precedent in consumer law. Many of our cases are closely watched by industry and the media.
We represent individuals and small businesses in state and federal consumer class actions, spanning all industries, including automotive and trucking, consumer products, data protection software, financial services, insurance, social media, telecommunications, and many others.
We gladly take on formidable opponents, which have included Anthem, Caterpillar, Lumber Liquidators, Vizio, Facebook, Apple, Providian Financial Corporation, Symantec, HCA and others.
We have spent much of our legal careers fighting for justice on behalf of consumers. Several of our team members hail from distinguished, senior leadership roles in consumer protection law, including the former Deputy Associate Attorney General of the U.S. Department of Justice and a former President of Public Justice, the nation’s foremost not-for-profit plaintiffs’ foundation, which leads social advocacy and corporate reform through precedent-setting class actions and trials.
Individually, we are nationally recognized and ranked leaders in consumer protection class and mass action litigation:
- Law360 “MVP – Cybersecurity and Privacy” (2018) – Andrew N. Friedman
- Law360 “MVP – Environmental” (2018) – Theodore J. Leopold
- Daily Business Review, “Most Effective Lawyer – Class Action” (2017) – Theodore J. Leopold
We are often involved in consumer protection class actions involving cutting-edge legal issues, many of which we have the unique honor and distinction of being court appointed Lead or Co-lead Counsel, including:
- In Re Anthem, Inc. Data Breach Litigation (N.D. Cal.) – On August 16, 2018, the Court granted final approval to a $115 million settlement – the largest data breach settlement in U.S. history – ending claims that Anthem Inc., one of the nation’s largest for-profit managed health care companies, put 79 million consumers’ personal information, including social security numbers and health date, at risk in a 2015 data breach. Cohen Milstein was Co-Lead Counsel in this watershed nationwide class action.
- In Re Lumber Liquidators Chinese-Manufactured Laminate Flooring Products Marketing, Sales Practices and Products Liability Litigation (E.D. Va.) – On October 9, 2018, the Court granted final approval of a $36 million settlement that ends this multidistrict product liability and consumer litigation against Lumber Liquidators, the largest specialty retailer of hardwood flooring in North America. Plaintiffs alleged that Lumber Liquidators falsely labelled and made false statements that its Chinese-manufactured laminate flooring, sold between January 1, 2009 and May 31, 2015, complied with California Air Resource Board’s (CARB) formaldehyde emissions limits. “60 Minutes” aired two investigative stories into these allegations. Cohen Milstein was Co-Lead Counsel in this nationwide class action.
- Herrera, et al. v. JFK Medical Center LP et al. (M.D. Fla.) – On December 14, 2018, Cohen Milstein secured final approval of a $220 million injunctive relief settlement from Florida-based HCA hospitals for patients who were allegedly overcharged for emergency X-rays and CT scans provided after they suffered an automobile accident and covered in part by their mandatory Florida Personal Injury Protection (PIP) insurance. Cohen Milstein was Lead Counsel in this state-wide litigation.
- In re: Caterpillar, Inc. Engine Products Liability Litigation (D.N.J.) – On September 20, 2016, the Court granted final approval of a $60 million settlement, ending a consolidated class action lawsuit brought by 22 trucking and transportation firms and individuals in 18 states who had purchased or leased vehicles powered by defective MY2007 CAT engines, heavy-duty, on-highway diesel engines designed and manufactured by Caterpillar. Cohen Milstein was Co-Lead Counsel in this multi-state class action.
- Khoday et al v. Symantec Corp. et al. (D. Minn.) – In April 2016, the Court granted final approval of a $60 million all-cash deal one month before this certified class action was about to go to trial – one of the most significant consumer settlements in years – against Symantec, Corp. and Digital River, Inc. regarding the marketing of a re-download service in conjunction with the sale of Norton software. Cohen Milstein was Lead Counsel in this nationwide class action.
- Keithly v. Intelius, Inc. (W.D. Wash.) – In 2011, the Court granted final approval of a combined $15.5 million in settlements ($12 million in cash and a total of $3.5 million in vouchers), ending a consumer class action against Intelius or Adaptive marketing, LLC for deceptively enrolling product purchasers into additional subscription-based services, charging unwitting consumers up to $19.95/month – in perpetuity – for such subscriptions. Cohen Milstein was Co-Lead Counsel in this nationwide class action.
Representative Ongoing Cases:
- LLE One, LLC, et al. v. Facebook (N.D. Cal.) – On October 16, 2018, Cohen Milstein and co-counsel filed an unsealed version of a fourth amended complaint in a putative consumer class action that Facebook disseminated inflated video metrics – as much as 150% - 900% – to advertisers. Plaintiffs’ allegations against Facebook include violations of California’s Unfair Competition Law (§ 17200), breach of implied duty to perform with reasonable care, as well as fraud.
- In re Equifax, Inc., Customer Data Security Breach Litigation (N.D. Ga.) – On September 8, 2017, Cohen Milstein filed a class action against Equifax, a leading credit-reporting company that safeguards some of the most sensitive financial and personal information of over 143 million individuals across the United States, for its failure to inform the public of a massive data breach and theft of client data. Cohen Milstein was appointed to the Plaintiffs’ Steering Committee and is Co-Chair of the Expert Committee.
- In re Apple Inc. Device Performance Litigation (N.D. Cal.) – On January 9, 2018, Cohen Milstein and co-counsel, filed a putative nationwide class action against Apple Inc., on behalf of owners of Apple’s iPhone SE, 6, 6 Plus, 6s, 6s Plus, 7, and 7 Plus, for unfair and deceptive business practices in violation of California Business & Professions Code § 17200 and making material misrepresentations and failing to disclose material information related to Apple’s iOS software operating system updates for Apple iPhones. Cohen Milstein was appointed to the Plaintiffs’ Steering Committee and is Co-Chair of the Expert Committee.
- Johnannessohn, et al. v. Polaris (D. Minn.) – In October 2016, Cohen Milstein filed a class action on behalf of purchasers of Polaris Sportsman four-wheel all-terrain vehicles (ATVs) for violating state consumer protection and warranty laws related to a design defect of its exhaust system on some Sportsman ATVs, including models 450, 570, 850, and 1,000, manufactured between 2009 - 2016. The exhaust system gets so hot that it can burn riders and melt the ATV’s components. Polaris publicly denied any exhaust heat defect until it publicly recalled the models in March 2017.
- BK Trucking Co., et al. v. PACCAR, Inc. et al. (D.N.J.) – On August 20, 2015, Cohen Milstein and co-counsel filed a putative class action against PACCAR, the third-largest manufacturer of medium- and heavy-duty trucks in the world, and its subsidiaries, Kenworth Truck Company and Peterbilt Motors for breach of warranty and other products liability and unfair business practices related to the manufacture and sale of its 2010 PACCAR MX-13 diesel engines, which include a specially designed and defective emissions control unit, which causes engine power loss and shut downs, impeding commerce.