Consumer Protection

Champions for transparency and
consumer rights.

We protect consumers across the United States from corporate malfeasance, including false and misleading advertising, product defects, warranty violations, personal data theft, fraudulent billing, and other types of unfair or deceptive business practices. 

Overview

We represent consumers and small businesses in state and federal consumer class actions in industries including automotive and trucking, consumer products, data protection software, financial services, insurance, social media, telecommunications, and others.  

Experience and tenacity are what set us apart. We are trial tested and regularly chosen for court-appointed class leadership roles. We have recovered billions of dollars for our clients and established legal precedent along the way.  

We take on formidable opponents and have a long track record of success which includes victories over entities like Equifax, Anthem, Caterpillar, Lumber Liquidators, Vizio, Facebook, Apple, Providian Financial Corporation, Symantec, HCA, and others. 

The scope of our practice includes particular areas of focus:  

DATA BREACH & CYBERSECURITY LITIGATION

We represent those whose personal, sometimes sensitive, information has been compromised as the result of negligent cybersecurity practices. 

We have played a leadership role in nearly every major data breach class action litigated to date. We are highly regarded by co-counsel and the judiciary alike for our collaborative efforts in pre-litigation investigations and work with data privacy and economic experts. And we are deft in handling complex discovery for large-scale data breach class actions, ensuring efficiencies of scale. 

PRODUCT LIABILITY

We represent consumers and small businesses in state and federal product defect, manufacturing defect, and breach of warranty class actions. Our experience extends to numerous industries including: 

  • Automotive, Trucking & Recreational Vehicles 
  • Airbags & Safety Systems 
  • Exhaust & Emissions Systems 
  • Engines 
  • Transmissions 
  • Home Improvement Products 
  • Technology Devices & Software 
  • Medical Devices 
  • Pharmaceuticals 
  • Machinery & Tools 
  • Children’s Products 
FALSE ADVERTISING & UNFAIR BUSINESS PRACTICES

We take on deceptive behavior, representing consumers and small businesses in cases involving false advertising, deceptive marketing, and unfair business practices. This includes: 

  • Bait-and-switch and “negative option marketing” schemes 
  • Failure to disclose 
  • False advertising and mislabeling claims, including claims regulated by the USDA, FDA, and EPA 
  • Hidden, inflated or excessive fees 
  • Algorithmic inflation/ Inflated metrics 
  • Social media bots and deceptive online marketing 

We have the resources to investigate and file, often novel consumer class actions, sometimes in advance of Federal Trade Commission or state attorney general investigations. We deftly handle complex discovery, ensuring streamlined, efficiencies of scale, in large class actions. Given our national footprint, we have access to, and experience with, many of the top industry and economic experts across the United States. 

We have taken on industry giants including Facebook, Apple, Symantec, Lumber Liquidators, and many others in the financial, insurance, telecom, software, food and beverage, and pharmaceutical sectors. 

Our primary objective is to bring a full measure of justice to consumers and small businesses through the courts, while holding corporate wrongdoers responsible. 

HEALTHCARE FRAUD CLASS ACTIONS

We represent healthcare participants in a range of healthcare fraud-related class actions against hospitals, health maintenance organizations (HMOs), and other healthcare providers, as well as insurance companies, pharmacies, and third-party administrators involving: 

  • Billing Schemes, including Excessive, Hidden, or Inflated Fees 
  • Diagnostic Testing Facility Fraud 
  • Co-Pay & Insurance Premium Increases 
  • Delay or Denial of Care (class only) 
  • Deceptive Marketing, including “Off-label” Marketing of Non-FDA Approved Pharmaceuticals & Medical Devices 
  • False Advertising & Non-Disclosure Claims 
  • False Medical Claims & Records Management Fraud 
  • Hospice & Homecare Fraud 
  • Hospital & Health System Fraud 
  • Insurance Fraud 
  • Medicaid & Medicare-related Fraud 
  • Nursing Home & Skilled Nursing Fraud 
  • Pharmacy Schemes 
  • Telehealth Fraud 

Use the CONTACT US BOX BELOW, if you believe you have a legal claim. 

We welcome co-counsel opportunities with other law firms nationwide. 

Current Cases

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Edwards, et al. v. CSX Transportation, et al.

Edwards, et al. v. CSX Transportation, et al. (E.D.N.C.): Cohen Milstein was appointed Interim Co-Lead Counsel in this putative class action against CSX Corporation. We represent a class of businesses and residents in the southern and western portions of Lumberton, NC who have twice suffered catastrophic flooding and damage in connection with a train underpass floodgate.

In re Marriott International Inc. Customer Data Security Breach Litigation

In re Marriott International Inc. Customer Data Security Breach Litigation (D. Md.): Cohen Milstein serves as Co-Lead Counsel to oversee a putative nationwide class action related to the data breach of personal information of nearly 400 million customers of Starwood-branded hotels, subsequently acquired by Marriott in 2016, making it one of the largest data breaches in U.S. history.

General Motors Litigation

General Motors Litigation (E.D. Mich.): Cohen Milstein, as court-appointed Lead Counsel and Plaintiff Steering Committee Chair, represents a certified class of consumers in more than 25 states who purchased or leased new and used vehicles manufactured by GM in a consolidated breach of warranty and deceptive and fraudulent business practices class action against GM. Plaintiffs bring their claims under state consumer protection statutes and express and implied warranty law of their respective states, related to GM’s manufacture and sale of defective eight-speed automatic transmissions (GM 8L90 or the 8L45), manufactured by between 2015 and 2019.

Past Cases

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In re Google LLC Street View Electronic Communications Litigation

In re Google LLC Street View Electronic Communications Litigation (N.D. Cal.): Cohen Milstein was co-lead counsel in a nationwide class action alleging that Google violated the Wiretap Act when its Street View vehicles secretly collected payload data from unencrypted Wi-Fi networks. Plaintiffs defeated a motion to dismiss raising novel Wiretap Act issues, and the ruling was affirmed on interlocutory appeal to the Ninth Circuit. The court approved a $13 million settlement in March 2020.

Caterpillar, Inc. Engine Products Liability Litigation

Caterpillar Product Liability Litigation (D.N.J.): Cohen Milstein was co-lead counsel in a nationwide product liability class action lawsuit alleging Caterpillar sold diesel engines with defective exhaust emissions system that resulted in power losses and shutdowns. The case was settled in September 2016 for $60 million.

Herrera et al v. JFK Medical Center Limited Partnership and HCA, Inc.

Herrera v. JFK Medical Center and HCA, Inc. (M.D. Fla.): Cohen Milstein was lead counsel in a class action lawsuit alleging that four Florida plaintiffs and others like them were billed inflated and exorbitant fees for emergency radiology services, in excess of the amount allowed by law, covered in part by their mandatory Florida Personal Injury Protection insurance. When the district court struck plaintiffs’ class claims, Ms. Martin successfully petitioned the Eleventh Circuit Court of Appeals to accept immediate appellate review and obtained a reversal of the district court’s order. Cohen Milstein resolved the case and secured final approval of a $220 million injunctive relief settlement.