Practice

Class Actions and Mass Arbitrations

Practical Defense for High-Exposure Disputes

Trusted nationwide, Sheppard defends high-stakes consumer class actions and mass arbitrations with pragmatic, business-focused strategies.

From consumer fraud, privacy and false advertising to securities and ERISA, we bring deep experience to fast-moving, high-stakes disputes.

Reducing Exposure Through Smart, Proactive Class Action Strategy

Sheppard defends companies across industries in class actions involving consumer claims, privacy and data use, false advertising, product issues, financial services, ERISA, insurance and securities.

Our focus is practical. We assess risk early, identify the fastest path to resolution and develop strategies aligned with the client’s commercial goals. Many cases resolve at the pleading, certification or summary judgment stage. When necessary, we litigate aggressively and have taken class actions through trial and appeal.

In addition to traditional class action defense, we represent companies targeted by coordinated mass arbitration campaigns and help clients reduce exposure before claims arise. We assess arbitration and ADR provisions, build early defense and case-management strategies, and guide negotiations, mediations and arbitrations involving thousands of claimants.

Experience

Sheppard defends companies in complex class actions, and coordinated mass arbitrations. Explore our experience across consumer-facing litigation involving deceptive advertising and marketing practices, product labeling, pricing and billing practices, consumer financial services, privacy and data security and other consumer protection issues.

Experience

Class Actions

Won dismissal of an unfair credit reporting class action for a solar finance company on a motion to dismiss.
Won dismissal of two consumer protection and unfair debt collection class actions against a national property management company, one on a motion to dismiss and the other by defeating class certification and winning on summary judgment.
Won dismissal of consumer fraud claims in a putative class action and engineered the successful settlement of class plaintiff’s individual claims against one of the nation’s most prominent business telecom providers of voice, data, security and cloud services.
Negotiated the resolution of a Second Circuit appeal involving the enforcement of class waiver and arbitration provisions of a prominent online retailer, ensuring that the district court’s order upholding the class waiver and arbitration provisions remained valid.
Negotiated the individual settlement of class plaintiff’s claims against a nationally accredited medical education provider arising out allegedly unsolicited fax advertisements, in which our client faced potential exposure of millions of dollars in liability.
Won dismissal of one of the largest retailers in a nationwide false advertising class action.
Won dismissal of a large Las Vegas hotel and casino after filing an affirmative motion to deny class certification based on the inadequacy of the class representative.
Defended a supplement manufacturer in a false advertising class action relating to product labeling. Resolved by favorable settlement.
Defended a national restaurant chain in false advertising class actions relating to menus. Defeated class certification and the matter resolved favorably for our client.
Defended a cosmetic manufacturer in a false advertising class action. Resolved by favorable settlement.
Defended an insurer in a class action alleging class was owed interest on deposits paid. Prevailed on summary judgment and judgment was affirmed on appeal.
Defended the lender in a class action alleging class members’ privacy rights were violated. Prevailed in arbitration and judgment in favor of client was affirmed on appeal.
Defended an app developer in a class action alleging class members’ privacy rights were violated. Case was dismissed.
Defended a lender in a class action alleging class members were deceived into paying undisclosed fees. Prevailed on summary judgment and judgment was affirmed on appeal.
Defended major auto finance companies, including Toyota Financial Services, GM Financial, Nissan Motor Acceptance Corporation, Consumer Portfolio Services, CenterOne Financial LLC, United Auto Credit Corporation and Santander Consumer USA, among others, in consumer class actions challenging financing and leasing issues.
Defended a leading rental car company in class actions challenging refueling charges, government fee pass-throughs and other charges.
Defended major banks, insurers and consumer finance companies in class actions in state and federal courts challenging force-placed insurance on automobile and home loans, including Wahl v. American Security Ins. Co., 2008 WL 2444802 (N.D.Cal.).
Enforced class action waivers in arbitration clauses on behalf of financial services clients in state and federal courts.
Prevailed on motion for summary judgment in a putative nationwide class action alleging client misled consumers about fill of its beverages.
Prevailed at pleading stage that Califia’s “no sugar added” language was not deceptive as matter of law.
Prevailed on two motions to dismiss in false advertising class actions, arguing no reasonable consumer could be deceived by alleged description of beverage size.
Defeated class certification of an alleged nationwide class action involving allegations of false labeling of food as naturally raised and non-GMO.
Represented several California hospitals in class actions alleging unfair and fraudulent billing practices. Obtained summary judgment, sparing the hospitals expensive class certification motions and settlement.
Obtained a motion to dismiss for Toyota Motor Credit Corporation of a putative class action filed on behalf of Maryland consumers allegedly issued defective post-sale notices after their cars had been repossessed. Plaintiff sought a refund of all interest payments made by borrowers who received the defective notices.
Won summary judgment in the Southern District of New York, later affirmed by the Second Circuit, of a proposed class action alleging Rite Aid violated the Telephone Consumer Protection Act.
Obtained dismissal of a false advertising class action on behalf of Vigo Foods alleging violation of the California Consumer Legal Remedies Act (CLRA) and California Fair Packaging and Labeling Act (CFPLA).

Mass Arbitrations

Defending an e-commerce company in separate drip-pricing and pixel-tracking mass arbitrations involving approximately 1,700 claimants in the aggregate.
Represented a major healthcare organization in coordinated mass arbitrations involving approximately 40,000 claimants arising from website tracking technology allegations. The matters were resolved as part of a broader class and mass arbitration settlement.
Representing a social media platform in a mass arbitration involving approximately 22,000 claimants alleging targeted advertising practices violated a state civil rights statute.
Representing a national retailer in a mass arbitration involving approximately 10,000 claimants alleging violations of a commercial email marketing statute.
Represented a national retailer in a mass arbitration involving approximately 15,000 claimants arising from a cybersecurity incident.
Representing a national retailer in a mass arbitration involving approximately 15,000 claimants alleging unlawful use of cookies, pixels, and other website tracking technologies.
Represented a specialty apparel retailer in a mass arbitration involving approximately 21,000 claimants arising from a cybersecurity incident.
Represented a retail company in a mass arbitration involving approximately 5,000 claimants relating to a data breach.
Represented a fitness organization in a mass arbitration involving approximately 5,000 claimants relating to a data breach.
Represented a national restaurant chain in a mass arbitration alleging deceptive delivery-pricing practices.
Represented a healthcare provider in four mass arbitration matters totaling approximately 40,000 claimants involving allegations related to website tracking technologies.
Represented affiliated retail brands in mass arbitrations arising from a cybersecurity incident.
Represented a national financial institution in a mass arbitration involving approximately 20,000 claimants that was successfully resolved through mediation.
Represented a digital media company in a mass arbitration involving approximately 20,000–30,000 claimants that was successfully settled.
Represented a digital marketing and events platform in a pixel-tracking mass arbitration involving approximately 500 claimants.
Represented an online marketplace in a data-breach mass arbitration involving approximately 800 claimants. After prevailing in initial claimant batches, the matter was resolved through a favorable global settlement.

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BTI BTI 2022 Law360 Class Action Badge

Class Actions and Mass Arbitrations

Reducing Exposure Through Smart, Proactive Class Action Strategy

Sheppard defends companies across industries in class actions involving consumer claims, privacy and data use, false advertising, product issues, financial services, ERISA, insurance and securities.

Experience

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Related Capabilities

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Experience

Related Capabilities

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Class Actions and Mass Arbitrations

Reducing Exposure Through Smart, Proactive Class Action Strategy Sheppard defends companies across industries in class actions involving consumer claims, privacy and data use, false advertising, product issues, financial services, ERISA, insurance and securities.

Experience

Representative Matters

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Related Capabilities

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Experience

Representative Matters

Related Capabilities

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Reducing Exposure Through Smart, Proactive Class Action Strategy

Sheppard defends companies across industries in class actions involving consumer claims, privacy and data use, false advertising, product issues, financial services, ERISA, insurance and securities.