Geoffrey Graber represents consumers in complex class action litigation involving issues of false advertising, fraud, data privacy theft and other forms of unfair business practices at the hands of social media companies, auto makers, health care companies, and other large corporate actors. Geoff also has extensive experience representing whistleblowers in qui tam litigation under the False Claims Act and whistleblower programs under the U.S. Securities Exchange, U.S. Department of Transportation, and U.S. Department of Defense.
Prior to joining Cohen Milstein in 2015, Geoff had a distinguished career at the U.S. Department of Justice (DOJ), where he was part of the Department’s senior leadership team serving as Deputy Associate Attorney General and Director of the Residential Mortgage-Backed Securities (RMBS) Working Group. As the Director of the RMBS Working Group, Geoff oversaw the DOJ’s nationwide investigation into the packaging and sale of mortgage-backed securities – the catalyst for the 2008 financial crisis – which recovered more than $36 billion from banks, including the record-breaking $16.65 billion settlement with Bank of America – the largest settlement with a single entity in U.S. history – as well as settlements with Citigroup ($7 billion) and JP Morgan ($13 billion).
Earlier in his tenure at the DOJ, Geoff served as Counsel in the Civil Division, where he led the three-year investigation of Standard & Poor’s (S&P) and its ratings of structured finance products. The investigation, which made groundbreaking use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), resulted in the largest enforcement action filed by the United States concerning the financial crisis (United States v. Standard & Poor’s). As a result of his successful work on S&P, Geoff earned the Attorney General’s Distinguished Service Award in 2015. Geoff also received the Attorney General’s Distinguished Service Award in 2014 for his work relating to the $13 billion settlement with JP Morgan – including, at the time, the largest FIRREA penalty recovered by the DOJ.
- American Association for Justice
- Deputy Associate Attorney General/Director of the Residential Mortgage-Backed Securities (RMBS) Working Group, U.S. Department of Justice, 2013-2015
- Counsel, Civil Division, U.S. Department of Justice, 2009-2012
- California
- District of Columbia
- Vassar College, B.A., 1995
- University of Southern California Law School, J.D., 2000
Current Cases
Ariza v. Luxottica Retail North America (LensCrafters)
Ariza v. Luxottica Retail North America (LensCrafters) (E.D.N.Y.): Cohen Milstein, as lead counsel, represents a certified class of purchasers of LensCrafters’ Accufit Digital Measurement System (Accufit) services, who allege that LensCrafters used false, misleading advertising and deceptive sales practices about Accufit being “five times more accurate” in measuring pupillary distance than traditional methods, to induce customers to purchase LensCrafter’s higher-priced prescription lens products.
Belyea, et al. v. GreenSky, Inc., et al.
Belyea, et al. v. GreenSky, Inc., et al. (N.D. Cal.): Cohen Milstein, as Co-Lead Counsel, is reparenting consumers in this putative false advertising and unfair business practices class action, alleging that GreenSky, a financial technology company, operates in California as an unlicensed and unregistered credit services organization, finance lender, and broker in violation of California Financing Law the Credit Services Act of 1984, and other federal and state laws.
Brooks, et al. v. Thomson Reuters
Brooks, et al. v. Thomson Reuters (N.D. Cal.): Cohen Milstein is representing a class of putative plaintiffs who claim that Thomson Reuters’s CLEAR platform not only surreptitiously collects vast quantities of Californians’ personal data but then sells this information to third parties, including commercial and government entities.
DZ Reserve et al. v. Meta Platforms
DZ Reserve et al. v. Meta Platforms (N.D. Cal.): Cohen Milstein represents advertisers who claim that Facebook’s Potential Reach metric is false and misleading due to systemic inflation of the Potential Reach. The court granted class certification on March 29, 2022.
In re Meta Pixel Healthcare Litigation
In re Meta Pixel Healthcare Litigation (N.D. Cal.): Cohen Milstein is Interim Co-Lead Class Counsel in this putative class action, in which consumers claim that Meta’s proprietary Meta Pixel tool intercepts and transmits protected patient health information to Facebook for advertising purposes in violation of state and federal consumer protection laws, including invasion of privacy, CDAFA, and ECPA.
Maugain, et al. v. FCA US LLC
Maugain, et al. v. FCA US LLC (D. Del.): Cohen Milstein represents owners of Chrysler, Dodge, Jeep, or RAM-branded vehicles across the United States in a consumer protection class action alleging that Fiat Chrysler America (FCA) sold defective Pentastar 3.6 liter V6 engines in 2014 or newer Chrysler, Dodge, Jeep, or RAM-branded vehicles violating implied breach of warranty and unjust enrichment statutes under federal and state laws of California, Florida, Georgia, Illinois, Massachusetts, New Hampshire, New York, Pennsylvania, and Texas.
Past Cases
Anthem Data Breach Litigation
In re Anthem Data Breach Litigation (N.D. Cal.): Cohen Milstein was co-lead counsel in a certified class action involving the 2015 cyberattack and massive data breach of Anthem, Inc., one of the nation’s largest for-profit managed health care companies, which resulted in the theft of personal identification and health information of 78.8 million insureds. On August 16, 2018, the Court granted final approval to a $115 million settlement in this class action – the largest data breach settlement in U.S. history.
LLE One, LLC v. Facebook
LLE One, LLC v. Facebook (N.D. Cal.): Cohen Milstein served as co-lead counsel representing a class of advertising purchasers who claimed that Facebook breached its implied duty to perform with reasonable care and violated California’s Unfair Competition Law by intentionally miscalculating and inflating metrics related to its video advertisement services. If not for these miscalculations, plaintiffs claim, they would not have purchased more video advertisements and at a higher price than they otherwise would have paid. In June 2020, the Court granted final approval of a $40 million settlement against Facebook.
Prescott, et al. v. Reckitt Benckiser LLC
Prescott, et al. v. Reckitt Benckiser LLC (N.D. Cal.): Cohen Milstein serves as sole Lead Counsel in this certified false advertising class action, alleging that Woolite laundry detergent “Color Renew” and “revives colors” representation is false and misleading because Woolite does not renew or revive color in clothing. On September 14, 2023, the court granted preliminary approval of a $3.27 million settlement.
- The Best Lawyers in America (2023)
March 22, 2024
9th Circ. Partially Backs Meta Class Cert. In Ad Reach Row
A split Ninth Circuit panel on Thursday affirmed certification of a damages class of Meta Platforms advertisers who were allegedly deceived about Facebook’s “potential reach” tool, but upended certification of an injunction class, telling the district court to take a fresh look at whether the lead plaintiff actually has standing. The panel majority, in a […]
In the News | Law360
March 22, 2024
Ninth Circuit Affirms Class Certification Against Meta Platforms
Consumer class action addresses Meta Platforms fraudulently misleading advertisers with inflated metrics about “potential reach.” WASHINGTON, DC– The United States Court of Appeals for the Ninth Circuit affirmed a district court’s 2022 order certifying a class of advertisers who paid Meta Platforms, Inc. (Meta) to place advertisements on its social media platforms (the damages class). […]
Press Releases | Cohen Milstein
August 1, 2023
LensCrafters Reaches $39M Deal To End AccuFit False Ad Suit
A proposed class of eyeglass wearers is asking a New York federal court to grant preliminary approval of a $39 million settlement to end a suit alleging LensCrafters misled consumers by advertising that its AccuFit Digital Measurement System was five times more accurate than competitors, having reached the agreement less than two weeks before trial. […]
In the News | Law360
January 30, 2024
Meta Must Keep Battling Trimmed Health Tracking Privacy Suit
A California federal judge on Monday refused to throw out a trimmed version of a lawsuit claiming that Meta Platforms Inc. illegally collected patients’ health information using a Facebook data tracking tool, ruling that their latest complaint has addressed some of his prior concerns. U.S. District Judge William H. Orrick denied Meta’s motion to dismiss […]
In the News | Law360
June 9, 2023
Woolite Buyers Ink $3.3M False Ad Deal Over Color Claims
Reckitt Benckiser customers who accused the company of falsely marketing and labeling its Woolite brand laundry detergent with the phrases “color renew” or “revives colors” have asked a California federal judge to give her preliminary blessing to a $3.27 million nonreversionary settlement reached to resolve claims in the class action. In a motion filed Thursday, […]
In the News | Law360
April 18, 2023
Facebook Users Refute Joint Discovery Bid In Privacy Suit
A group of Facebook users accusing Meta of using its Pixel tool to collect data from millions of hospital patients says discovery in their case should not be coordinated with other suits targeting the Pixel software, warning a California judge that coordination would catalyze a “quagmire” of delay, confusion and prejudice. Meta Platforms Inc. on […]
In the News | Law360
January 2, 2023
Privacy Litigation To Watch In 2023
The recent explosion of litigation accusing a wide range of companies of violating wiretap and video privacy laws through the technology they deploy on their websites will continue to proliferate in 2023, joining robocall and biometric privacy disputes that have long plagued businesses and also show no signs of abating. Here, Law360 looks at the […]
In the News | Law360
August 1, 2022
Reckitt Must Face Class Action Over Woolite ‘Color Renew’ Claims
Consumers accusing Reckitt Benckiser Group Plc of falsely claiming that its Woolite laundry detergent can “renew” or “revive” colors can bring their claims as a class action, a federal judge has ruled. U.S. District Judge Beth Labson Freeman in San Jose, California ruled Friday that the thousands of consumers’ claims involved the same legal issues, rejecting the […]
In the News | Reuters
March 29, 2022
Meta’s Barrage of Arguments Can’t Stop Ad Reach Class Cert.
A California federal judge certified a class of Facebook advertisers that claim they were deceived about the company’s “potential reach” tool, ruling that parent company Meta Platforms inc. made an unfocused “blunderbuss of objections” to certification that did not hold up to scrutiny. Tuesday’s order from U.S. District Judge James Donato certified a class of […]
In the News | Law360
December 13, 2021
Court Certifies Class Action Lawsuit Against Lenscrafters for False Advertising, Overcharging Customers
FOR IMMEDIATE RELEASE Lawsuit Alleges LensCrafters Misrepresented to Customers the Superiority of Its AccuFit System NEW YORK, NY – The Eastern District of New York District Court today certified a class action lawsuit against Luxottica Retail North America, also known as LensCrafters, that alleges the company misrepresented to customers the supposed superiority of its AccuFit […]
In the News
August 4, 2021
Guests Slam MGM Resorts’ Attempt to Toss Data Breach Suit
A proposed consumer class has opposed MGM Resorts’ bid to dismiss a suit over a data breach that exposed the personal information of 10.6 million guests, telling a Nevada federal court that the company argues wrongly that the consumers fall short in claiming negligence and harm. The consumers argued that MGM Resorts International failed to […]
In the News | Law360
April 26, 2021
Facebook Advertisers Seek Cert. in Inflated Ad Reach Suit
Facebook advertisers asked a California federal judge Friday to certify their proposed class claims that the company bolsters its advertising revenue by inflating the potential estimated reach of ads on the platform. The case is ripe for class treatment because it alleges classwide fraud perpetrated by Facebook with its misleading data for how many people […]
In the News | Law360
April 26, 2021
Facebook Advertising Chief Worried About Whether It Overstated Reach
Carolyn Everson’s emails in long-running lawsuit say social network should ‘prepare for worst’ Carolyn Everson, one of Facebook’s most senior advertising executives, said the company had to “prepare for the worst” over claims that it overstated the reach of its advertisements, according to newly released court filings. The world’s largest social network has been fighting […]
In the News | Financial Times
February 18, 2021
Facebook Reported Revenue It ‘Should Have Never Made’, Manager Claimed
Lawsuit cites product executive’s qualms over figures provided to advertisers A Facebook employee warned that the company reported revenues it “should have never made” by overstating how many users advertisers could reach, according to internal emails revealed in a newly unsealed court filing. The world’s largest social media company has since 2018 been fighting a […]
In the News | Financial Times
March 24, 2020
Facebook Knew Audience Metric Was Bogus for Years, Amended Lawsuit Claims
New information has emerged in a class action lawsuit against the social media giant. Advertisers who turned to Facebook for the massive reach of its platform have been bamboozled by a faulty metric that executives have known about for years, according to an amended complaint filed last week in a lawsuit originally filed in 2018. […]
In the News | The Motley Fool
March 20, 2020
Facebook Accused in Amended Lawsuit of Knowing Ad Audiences Were Inflated
Social-media giant says estimates weren’t guarantees, didn’t harm customers; court filing includes employee worrying about possible lawsuit in email Facebook Inc. employees were aware that the company was overestimating how many people advertisers could reach, according to an amended complaint filed this week in a nearly two-year-old lawsuit accusing the company of misrepresenting that data. […]
In the News | The Wall Street Journal
March 20, 2020
“Facebook Executives Allegedly ‘Knew for Years’ About Misleading Metric,” Financial Times
New court documents claim company was aware key ad metric was exaggerating marketing reach. Facebook executives allegedly “knew for years” that a key advertising metric was exaggerating how many users might see commercials on its site, but have failed to disclose or fix the problem, according to filings from a class-action lawsuit against the company. New court […]
In the News
January 22, 2020
Credit Unions, CDFIs, CRL File Amicus Brief to Defend Constitutional Structure of Consumer Financial Protection Bureau
FOR IMMEDIATE RELEASE: The CFPB’s structure is constitutional and critical to ensuring that it can carry out its consumer protection mission free from undue political and industry influence. WASHINGTON, D.C. – Today, the Center for Responsible Lending (CRL) and Cohen Milstein Sellers & Toll PLLC (Cohen Milstein) submitted an amicus brief to the United States Supreme […]
In the News
October 16, 2018
Advertisers Allege Facebook Failed to Disclose Key Metric Error for More Than a Year
Facebook knew of problems with how it measured viewership of video ads for more than a year before it revealed them in 2016, according to a complaint filed by advertisers. Advertisers allege that Facebook knew for more than a year about problems measuring viewership of video ads before disclosing the issue. Facebook Inc. knew of […]
In the News | The Wall Street Journal