Class Actions

Class Actions

We defend manufacturers and other companies in class action lawsuits involving consumer products, services, and telemarketing.

Class actions and collective actions are pervasive in this country, and even specious cases present a real threat of significant economic harm to companies faced with such lawsuits. Class actions tend to involve large numbers of claimants, allege conduct that can span several years or more, are frequently based on novel legal theories, and require extensive discovery, including complex electronic discovery.

Defending against class actions and managing the risks associated with them require highly capable and experienced trial counsel. Ansa Assuncao attorneys have a proven track record of defending and defeating putative class actions, by quickly identifying legal and factual deficiencies that impair these cases and often securing dismissals at the initial pleading or class certification stages. We approach each case on its own terms, adopting a strategy that begins with acquiring a deep understanding of our client’s business. We work closely with our clients to establish well-defined objectives and contain costs.

The class action cases Ansa Assuncao handles for our clients typically implicate thousands of potential claimants nationwide and can involve millions of dollars in potential exposure. Our class action experience includes defending against claims of product defects, breach of warranty, consumer fraud, deceptive business practices, and statutory violations including federal Telephone Consumer Protection Act (TCPA) claims.

Our record of successes includes 1) securing voluntary dismissals of actions before responsive pleadings were required; 2) securing dismissals of plaintiffs’ claims at the initial motion stage; 3) defeating class certification; and 4) securing reversal of class certification on interlocutory appeal. When settlement of the class action is the right strategy, our attorneys have the experience to negotiate favorable settlements and secure preliminary and final court approval.

Representative Matters:

  • Lead trial counsel defending a putative class action alleging TCPA violations.
  • National counsel for a leading international manufacturer of plumbing products in class action and construction defect litigation
  • Lead trial counsel for a global electronics manufacturer in several putative national consumer class actions related to its high definition televisions.
  • Lead trial counsel for a leading international plumbing fixture fitting manufacturer in a putative consumer class action related to certain tub and shower valves.
  • Lead trial counsel for billing aggregator in a putative class action alleging the aggregator placed unauthorized, misleading or deceptive charges (also known as “cramming”) on telephone bills.
  • Lead trial counsel for a global manufacturer of microwave ovens in a putative national consumer class action.
  • Trial counsel for a securities trading company, securities brokers and an attorney in a putative class action lawsuit alleging fraud, breach of fiduciary duty and violations of NJRICO.
  • Trial counsel for global manufacturer of office equipment in two putative national class actions involving its laser printers.
  • Trial counsel for international manufacturer of water heaters in a putative national class action lawsuit in Texas involving an alleged $1 billion in damages.
  • Lead coordinating counsel for a manufacturer of water heaters in eight consumer class action lawsuits brought in Alabama, California, Illinois, Kansas, Michigan (two cases), Missouri and Tennessee.
  • Lead trial counsel for manufacturer and distributor in litigation including series of class action lawsuits for loss of business, environmental damages and toxic tort claims resulting from a catastrophic fire at a manufacturing and storage facility.