DECEPTIVE TRADE PRACTICES LITIGATION
Deceptive trade practice disputes involve a myriad of risks. Those risks include, among others, potential individual, group, or class action claims by consumers, potential false advertising or unfair competition claims asserted by competitors, and potential attorney general investigations and litigation, each of which can present unique and serious exposures. At Atherton Galardi, we defend clients against consumer, competitor and attorney general claims, including the following:
- Consumer Fraud Claims
- State and Federal RICO Actions
- Statutory Deceptive Trade Practices Claims
- Telephone Consumer Privacy Act (TCPA) Litigation
- Lanham Act False Advertising and Unfair Competition Claims
- Trademark Infringement Actions
- Fair Debt Collection Practices Act Litigation
- Deceptive Sales and Marketing Claims
- Consumer Disclosure Disputes
- Attorney General Investigations and Proceedings
DECEPTIVE TRADE PRACTICE LITIGATION EXPERIENCE
Defended national mortgage company in defense of a putative RICO class action filed by 24 separate plaintiffs from different states alleging that certain mortgage companies, banks, and other financial institutions each conspired to falsely inflate real estate property appraisals so that certain consumer loans could then be packaged and sold on secondary markets as inflated mortgage-backed securities. See White v. Bank of Am. Nat. Ass’n, 599 F. App’x 379 (11th Cir. 2015).
Defended national consumer service provider against Lanham Act false advertising, unfair competition and deceptive trade practice claims asserted by its largest competitor. The competitor sought a permanent injunction and damages in excess of $21,000,000.00, alleging that certain sales personnel employed by companies which transact with our client had made misrepresentations to at least 150 consumers across the country.
Defended national timeshare company and certain related entities against group action filed by 22 plaintiffs alleging fraud and RICO claims in connection with the sale of certain timeshare interests.
Defended national clients against purported claims raised by a group of over 60 consumers under the Telephone Communications Privacy Act, Fair Debt Collection Practices Act, and/or Florida Consumer Collection Practices Act.
Defended national wholesaler against Lanham Act trademark infringement and unfair competition claims asserted by its largest competitor and prosecuted counterclaims which sought to invalidate the competitor’s purported marks.
Prosecuted RICO, fraud, and deceptive trade practice claims on behalf of auto insurance carriers seeking in excess of $35,000,000 in damages against physicians, surgery centers, and medical practice managers relating to certain spinal procedures performed on personal injury claimants. See State Farm Mut. Auto. Ins. Co. v. Kugler et al, 2011 WL 4389915 (S.D. Fla. Sept 21, 2011).