Consumer Protection
Navigate complexity, mitigate risk.
Consumer-protection laws create high stakes for every company. Compliance failures, government investigations, class-action lawsuits, and adverse publicity can follow even small legal missteps.
Consumer protection is a broad field, covering many international, federal, state, and local laws and regulations designed to protect consumers and the public from misleading and false information in the marketplace, unauthorized collection of personal and biometric data, and failures to fully disclose required information. Perkins Coie helps businesses and leaders manage evolving regulations, avoid costly disputes, and maintain their market standing. We embody a collective approach to protect clients by collaborating with professionals throughout the firm, including our top-ranked Privacy & Security practice.
Our team’s seasoned litigators—including former enforcement officials and counselors practicing before government agencies and other regulatory organizations—offer innovative strategies. We help clients address allegations of unfair, deceptive, or fraudulent business practices brought by the Federal Trade Commission, state attorneys general, and consumers; defend against claims of unlawful advertising, marketing, or product promotions brought by consumers and competitors; manage government investigations; and respond to charges brought by international enforcement agencies.
Our advice to counsel includes the following:
- Unfair, Deceptive, or Fraudulent Practices Claims
- Consumer Class Actions
- Terms of Use
- Federal Trade Commission
- Advertising, Marketing & Promotions
- Americans with Disabilities Act
- Consumer Lending
- Food Litigation
- Government Investigations
- National Advertising Division
- California Consumers Legal Remedies Act and Similar State Laws
- Artificial Intelligence
- Biometric Law
- Fair Credit Reporting Act
- Telephone Consumer Protection Act
How we help clients
- Stay ahead of international, federal, state, and local consumer protection laws
- Minimize the risk of costly disputes and help maintain market reputation
- Defend against claims related to unfair practices, unlawful advertising, and product promotions by consumers, competitors, and regulatory bodies.
Our Team
Insights
![Phone Consumer](/sites/default/files/styles/widescreen_16x9_625x352_1x/public/2024-07/phone%20consumer.jpg?itok=ka0GffPD)
News
Professional Experience
Representative Consumer Protection Experience
Baker Hughes Inc.: Skinner v. Arco
Superior Court of Washington, Pierce County
Defense of petroleum additive manufacturer Baker Hughes, Inc. in 10,000-customer class action alleging defective high sulphur diesel fuel oil.
Chance et al. v. Avenue A Inc.
U.S. District Court for the Western District of Washington
Defense of nationwide class action challenging Internet privacy practices. Settled after successful summary judgment motion. 165 F. Supp. 2d 1153 (W.D. Wash. 2001)
ChoiceDek Litigation
U.S. District Court for the Western District of Washington
Defended Weyerhaeuser in nationwide consumer product class action. Settlement negotiated largely before case filed and ultimately approved by federal district court.
Cline v. Advanta Mortgage Corporation
U.S. Bankruptcy Court for the Western District of Washington
Defended mortgage company in class action alleging violations of consumer protection laws and federal mortgage regulations, including the Truth in Lending Act and RESPA.
Cloud Computing Provider
Federal Trade Commission
Represented cloud computing provider in Federal Trade Commission investigation under Section 5 of the FTC Act regarding user data privacy and security. Investigation closed.
Crowley v. Cyberspace Corporation
U.S. District Court for the Northern District of California
Successful defense of putative class action challenging privacy practices of retailer and credit verification service. 166 F. Supp. 2d 1263 (N.D. Cal. 2001)
Davis v. American General Financial Services
Defense of consumer lending claims in statewide class action challenging the collection of reconveyance fees in real estate-related loans.
Elvig, et al. v. Nintendo of America Inc.
U.S. District Court for the District of Colorado
Defense of Nintendo in putative nationwide class action alleging consumer protection, products liability, and breach of warranty violations.
First Nationwide Mortgage Corporation
Defense of First Nationwide Mortgage Corporation in putative class action challenging the collection of yield spread premiums.
FMS Inc. v. Dell Computer Corporation
King County Superior Court (Washington)
Defended Dell in consumer protection class action relating to collection of Washington sales and use tax from Internet sales.
Hart v. Boise Cascade Corp.
Defended Boise Cascade in nationwide consumer protection class action alleging defects in manufactured wood siding.
ICF Technology, Inc. v. Google Inc.
U.S. District Court for the Western District of Washington
Successfully represented Google in defense of complaint seeking to force Google to change its Search results. The complaint alleged tortious interference, defamation, and violation of the Washington Consumer Protection Act. Obtained denial of motion for temporary restraining order, after which the plaintiff voluntarily dismissed the case.
In re Intel Laptop Battery Litigation
U.S. District Court for the Northern District of California
Successfully defended Intel in a putative class action alleging that Intel secretly wrote battery life and other benchmarks for its own benefit and then passed them off to an industry consortium. After the plaintiffs dropped their request for monetary relief and withdrew their class certification motion, the district court granted summary judgment dismissing the claims of several plaintiffs and then dismissed the rest of the case for lack of jurisdiction.
In re Starbucks Consumer Litigation
U.S. District Court for the Western District of Washington
Defended Starbucks in consolidated nationwide consumer protection class actions challenging pricing practices for scooped whole bean coffee purchased in amounts under one pound.
Judd v. AT&T Company
King County Superior Court (Washington)
State Court of Appeals of Washington
State Supreme Court of Washington
Represented defendant Qwest in putative class action regarding disclosure of rates for long-distance telephone calls by Washington State prisoners. Won dismissal of claim and affirmance of that judgment on appeal. 66 P.3d 1102 (Wash. Ct. App. 2003), aff'd, 95 P.3d 337 (Wash. 2004)
Kleffman v. Vonage Holdings Corporation, et al.
U.S. Court of Appeals for the Ninth Circuit
Obtained dismissal of purported anti-spam class action that attacked, alleging various legal theories, commercial email advertisements for Vonage services sent from multiple domain names. 2007 WL 1518650 (C.D. Cal. May 22, 2007). Affirmed by the Ninth Circuit, 2010 WL 2782847 (9th Cir. July 13, 2010), after the California Supreme Court answered the court's certified question and held that multiple domain names do not constitute misrepresented email header information under California Business & Professions Code § 17529.5 and noted that a contrary conclusion would result in preemption of the claim under the federal CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. 49 Cal. 4th 334 (2010).
Leonard, et al. v. Nintendo of America Inc.
U.S. District Court for the Western District of Washington
Defense of Nintendo in putative nationwide class action alleging consumer protection, products liability, and breach of warranty violations.
Louisiana-Pacific Corp. OSB Siding Litigation
U.S. District Court for the District of Oregon
Co-lead counsel in defense of numerous consumer protection class actions and related cases and arbitrations related to manufactured wood siding. National counsel for implementation of nationwide class action settlement.
Odom, et al. v. Microsoft Corporation, et al.
King County Superior Court (Washington)
Represented Best Buy in nationwide class action alleging Consumer Protection Act violations.
Perish, et al. v. Intel Corporation
Superior Court of California, County of Santa Clara
Defended Intel in several consumer class actions (consolidated in California) alleging unfair competition, false advertising and fraud in connection with product performance claims.
Pharmaceutical Industry Average Wholesale Price Litigation
U.S. District Court for the District of Massachusetts
State courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
National coordinating and trial counsel in defense of nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing.
431 F. Supp. 2d 98 (D. Mass. 2006); 339 F. Supp. 2d 165; 321 F. Supp. 2d 187; 309 F. Supp. 2d 165; 307 F. Supp. 2d 196 (D. Mass. 2004); 230 F.R.D. 61 (D. Mass. 2005)
Quiznos Franchise Class Actions
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Northern District of Illinois
Represented Quiznos Franchise Company LLC and related entities and individuals in the defense of purported class action lawsuits filed in federal courts in Colorado, Illinois and Wisconsin on behalf of franchise owners. Plaintiffs brought claims under the Sherman Act, state consumer and franchise protection acts, as well as claims for common law fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Obtained a major victory in one of the cases when the court denied the plaintiffs' motion for class certification (Bonanno v. The Quiznos Franchise Company LLC, 2009 WL 1068744 (D. Colo. Apr. 20, 2009)) and the Tenth U.S. Circuit Court of Appeals denied plaintiffs' petition for permission to appeal.
Scott, et al. v. Cingular Wireless LLC
King County Superior Court (Washington)
State Supreme Court of Washington
Defense of class action over “roaming” charges.
Shannon v. Boise Cascade Corporation
Circuit Court of Illinois, Champaign County
Appellate Court of Illinois
Supreme Court of Illinois
Led defense of statewide consumer protection class action involving wood siding products. Won summary judgment dismissing the action. After the intermediate appellate court reinstated the action, convinced the Illinois Supreme Court to take review and affirm the judgment of the trial court on grounds that the allegedly deceptive advertising did not proximately cause damages under Illinois' consumer fraud statute. 805 N.E.2d 213 (Ill. 2004), rev'd 783 N.E.2d 1105 (Ill. App. Ct. 2003)
Simmons v. Diversified Capital Mortgage Corporation
U.S. Bankruptcy Court for the Western District of Washington
Defended claims alleging violation of consumer protection laws and Truth in Lending Act.
Strom v. Boeing Company
Defense of The Boeing Company in toxic tort class action litigation involving non-ionizing radiation.
James P. Tennille v. Western Union Co. and Robert P. Smet v. Western Union Co.
Counsel in defense of related nationwide class actions where purported class representatives assert claims under the state consumer protection laws; successfully moved to dismiss fraud and consumer protection claims.
Trinity v. LG Chem
U.S. District Court for the Western District of Washington
Defend global chemical manufacturing company, headquartered in Korea, against $50 million breach of contract, promissory estoppel and fraud claims. Case settled on first day of jury trial.
U.S. ex. rel. DeKort v. Northrop Grumman Shipbuilding
U.S. District Court for the Northern District of Texas
Defend Northrop Grumman in jury trial of $720 million False Claims Act case. On eve of jury selection, all claims against client dismissed and Relator Plaintiff ordered to show cause why he should not be sanctioned or held in contempt for making false claims to the Court.
Weyerhaeuser Company Hardboard Siding Litigation
U.S. District Court for the Northern District of California
National counsel for Weyerhaeuser in defense of consumer protection and consumer product liability class actions related to alleged defects in hardboard siding.
Zachman v. Whirlpool Financial Corp.
Superior Court of Washington, Okanogan County
Defended Whirlpool in consumer protection class action regarding consumer credit transactions.