TCPA Matters

Defended a national advertising and digital communications agency in a putative class action alleging that a text message recruiting campaign that the agency undertook on behalf of its client, the U.S. Navy, violated the TCPA. Obtained summary judgment ruling in favor of client on the basis that the agency enjoyed derivative sovereign immunity for acts undertaken on the Navy's behalf. Represented client on appeal before the Ninth Circuit Court of Appeals and U.S. Supreme Court.
Defended medical supply company and provider of personalized dentist referrals in class action lawsuits alleging violations of the junk fax rules for unsolicited fax advertisements under the TCPA. Successfully obtained early dismissal of lawsuits.
Represented direct marketing company in putative class action alleging the receipt of unsolicited automated telephone calls to mobile phones in violation of the TCPA. Obtained voluntary dismissal of case before a responsive pleading was filed, after demanding substantiation of plaintiff's claims.
Defended market research company in a putative class action alleging violations of the TCPA for survey calls made to mobile phones without the subscribers' prior express consent. Early settlement achieved on a class-wide basis.
Defended various companies in putative class actions and individual lawsuits alleging violations of the Do-Not-Call, consent and other provisions of the TCPA, including cases involving business-to-business (B2B) telephone calls.
Represented health network company in various individual and class actions alleging the receipt of unauthorized automated calls to residential and mobile phones without prior express consent.

Automatic Renewal Law (ARL) Matters

Representing an online retail company in a class action alleging unfair competition and false advertising in connection with California’s Automatic Renewal Law. We successfully compelled arbitration for one named plaintiff and significantly narrowed the scope of the case, claims, and potential class through early motion practice.
Manatt represented a social networking company in a multi-county investigation led by the California Automatic Renewal Task Force. The counties alleged violations of California’s Automatic Renewal Law, False Advertising Law, and Unfair Competition Law. Manatt significantly narrowed the scope of discovery, the targets of the investigation, and the size of the class, resulting in one of the lowest settlements in CART history.
Manatt represented a leading education technology provider in a putative class action under the California Automatic Renewal Law. The plaintiff claimed the company failed to adequately disclose key terms of its subscription services and violated California’s Automatic Renewal Law. Manatt successfully compelled arbitration on an individual basis, effectively ending the case.
Manatt is currently defending a leading internet retailer in a California putative class action pending in federal court alleging violations of California’s Automatic Renewal Law and Unfair Competition Law. The case is currently on appeal before the Ninth Circuit Court of Appeals on Defendant’s motion to compel arbitration.
Manatt is currently defending a few additional internet retailers in a California putative class action pending in state court alleging violations of California’s False Advertising Law and Unfair Competition Law, predicated on violations of California’s Automatic Renewal Law.

Major Class Actions

Obtained voluntary dismissal of putative class actions filed against health and fitness company and hospital medical center alleging the unlawful recording of telephone calls under California's call recording statute, California Penal Code § 632.7.
Defended energy drink company selling high-quality health drinks in a putative class action alleging that the company's marketing model violated California's Pyramid Law, Unfair Competition Law and False Advertising Law. Case was resolved on a single plaintiff basis.
Defended a global device manufacturer in four consumer class actions alleging that certain tracking software was surreptitiously installed on cellular phones, allowing monitoring of user activity without consumer knowledge or consent. Successfully achieved dismissal of all lawsuits prior to the filing of a consolidated amended complaint in the multi-district litigation case.
Defended telephone manufacturer in putative class action alleging fraud, negligent misrepresentation, and violations of California's Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act, and Song-Beverly Consumer Warranty Act in connection with alleged misrepresentations concerning its phone warranty program. The case was settled on a single plaintiff basis.
Defended Internet marketers and their officers in a putative class action alleging violations of the Electronic Communications Privacy Act and various state law claims, including invasion of privacy, when it allegedly stole personal and financial information from consumers during the course of online transactions, and allegedly signed up consumers for membership products without their knowledge or consent. The court granted defendant's motion to dismiss on all but one claim. The parties thereafter negotiated a class-wide settlement on terms favorable to the company and its principals.
Defended restaurant chain in putative class action alleging violations of the California Song-Beverly Credit Card Act. Class-wide settlement achieved on a claims-made basis.
Defended global in-flight communications service provider in putative class action lawsuit concerning its automatic renewal subscription plans. Case voluntarily dismissed.

Regulatory Matters

Represented Internet marketers and their officers in a FTC enforcement action alleging that the clients' marketing of prepaid debit cards violated Section 5 of the FTC Act, including a contempt trial in federal court. Represented the client on appeal before the Ninth Circuit Court of Appeals and successfully defeated the FTC's motion to modify the court's consent order, which essentially requested a permanent ban on the clients' business. This is one of the few occasions in which the FTC has been denied a request to modify a consent order.
Represented a software company and its officers before Ninth Circuit Court of Appeals on order granting summary judgment to the FTC under Section 5 of the FTC Act with respect to the clients' Internet check creation software, which allegedly assisted fraudsters in the creation of fraudulent checks without consumer knowledge.
Represented the former owner of a credit card processing company in successfully defeating the FTC's attempt to secure a temporary restraining order, imposition of a court-appointed receiver and asset freeze that would have restricted the defendants from selling their services and having access to their assets.
Defended national arbitration provider in regulatory action brought by the City of San Francisco alleging client's consumer arbitration business violated California's Unfair Competition Law.
Represented mortgage company and its principals in responding to a civil investigative demand from the Consumer Financial Protection Bureau (CFPB).
Defended national automotive retail and service chain in weights and measures case filed by over a dozen counties and several district attorneys concerning alleged violations of California's Weights and Measures statutes.

9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

Published On

Authors

Zach Howe

Brandon Wong

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9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims