BFKN’s Class Actions Group defends the firm’s clients in a broad range of class actions involving consumer claims, antitrust issues, and shareholder disputes. We understand the challenges these matters present to a company’s brand value and bottom line, even when the allegations are specious. Clients trust us to handle these cases based on our proven experience and results. Our deep knowledge of our clients’ needs, and the industries in which they operate, provides essential context for resolving claims in a favorable and efficient manner.
Some of the world’s largest companies and most recognizable brands repeatedly rely on BFKN to defend them against class action threats and lawsuits. Our attorneys have a track record of identifying and achieving favorable outcomes at reasonable expense, which may include dismissal on the pleadings, defeating class certification, winning summary judgment, negotiating an individual or class-wide settlement, or taking the case to trial. When class-wide settlements are appropriate, our team navigates the challenges those present, including dealing with opt-outs and objectors, coordinating with claims administrators, and seeking and achieving court approval. We also frequently pursue insurance coverage on our clients’ behalf and then work with insurers throughout the process.
BFKN’s class action work spans a wide range of industries and areas of law. Our experience extends to industries as varied as banking, luxury goods, manufacturing, franchises/dealerships, and telecommunications. In these industries and others, our attorneys have defended against class claims relating to consumer finance, privacy, discrimination, antitrust, and various retail trade practices, among others.
The following matters provide an overview of our experience and the results we have achieved for our clients:
- Represented Christian Dior, Inc. in a proposed class-action lawsuit claiming violation of BIPA in the Northern District of Illinois. Secured motion to dismiss the complaint on the basis that Dior’s conduct falls within BIPA’s statutory “healthcare” exemption.
- Represent leading retailer in federal class action asserting violation of state unfair trade practice statute based on alleged improper charges on consumer website purchases. Negotiated class-wide settlement, currently being administered, pursuant to which client paid nothing out of pocket.
- Represent Volkswagen Group of America, Inc. in federal class action alleging violation of antitrust laws relating to vehicle leasing programs.
- Represented Domaine Chandon, Inc. in California class action alleging wine club violated California’s Automatic Renewal Law and Unfair Competition Law. Negotiated class-wide settlement pursuant to which class members released their claims in exchange for store credit.
- Represented bank in New York class action asserting violations of New York banking regulations and consumer protection statutes based on allegedly improper overdraft fees. Negotiated class-wide settlement that utilized a claims-made process to resolve the claims of over 50,000 account holders.
- Represented leading retailer in class action alleging racial discrimination based on allegedly blocked website transactions. Negotiated class-wide settlement.
- Represent retailer against allegation of FACTA violation for extra credit card digits printed on receipts. Negotiated class-wide settlement.
- Represented bank in federal class action asserting violations of Electronic Funds Transfer Act and New York state law based on allegedly improper ATM fees. Compelled the matter to arbitration and successfully asserted class action waiver in operative customer account agreement.
- Represented banks in Iowa and Missouri class actions alleging improper assessment of non-sufficient funds fees. Negotiated settlements pursuant to which over 12,000 class members received payments from a fund in proportion to the fees incurred by each member.
- Represented First Busey Corporation in federal class action alleging violation of Electronic Funds Transfer Act because proper notice allegedly was not given of certain fees on ATM transactions. Negotiated an individual settlement.
- Represented Amalgamated Bank of Chicago in federal class action claiming Americans with Disabilities Act violation based on alleged inaccessibility of bank’s website. Negotiated an individual settlement.
- Represent online ticket marketplace service provider in federal class action alleging that remedies provided to consumers violated California’s Unfair Competition Law, among other claims. Negotiated class-wide settlement currently being administered.
- Represented defendants in several federal class actions alleging improper faxing in violation of the Telephone Communications Privacy Act.