Privacy Class Action Defense



Ana Tagvoryan

From autodialing and texting to call recording, data breach suits, and telemarketing and faxing practices, class actions are on the rise in any industry that interfaces with consumers and collects and handles consumer data. Over the last decade, there has been a significant trend in plaintiffs’ counsel filing class actions across the country that allege violations of federal and state consumer privacy laws, as well as an increased focus on navigating the application of rigorous class certification principles on these latest theories of liability.

The heightened concern regarding compliance and liability in consumer data handling and communications has led to an increased demand for privacy litigators who have a proven track record of swift resolution and across-the-board victories. Our attorneys achieve these through novel and unique strategies tailored to each case and client, with a focus on early negotiation and dismissal, summary judgment without class discovery, defeating class certification, and leveraging favorable settlements to ward off future claims and reduce risk for businesses.


Our consumer privacy litigators make winning in and out of court the fundamental priority in all of our cases. With twelve U.S.-based offices, we defend clients in state and federal courts across the nation against claims alleging violations of federal and state consumer privacy, communications, data handling, and related laws.

We have defended against numerous multidistrict nationwide state and federal class action privacy claims brought under the following:

  • Telephone Consumer Protection Act (“TCPA”)
  • Fair Credit Reporting Act (“FCRA”)
  • Stored Communications Act (“SCA”)
  • Fair Debt Collection Practices Act (“FDCPA”)
  • Video Privacy Protection Act (“VPPA”)
  • Related state statutes, most notably California’s Invasion of Privacy Act (“CIPA”) and California's Unfair Competition Law (“Section 17200”)

Complementing this litigation and trial experience is our extensive knowledge of every major privacy regulation, including the Gramm Leach Bliley Act, the Health Insurance Portability and Accountability Act (“HIPAA”), and analogous state laws, such as California's Song-Beverly Credit Card Act. We also have extensive experience with e-discovery and social media issues in the law, and counsel clients with respect to social media use, social media policies, privacy terms and conditions, and data collection practices.

Our clients represent every regulated industry subject to data and consumer privacy regulation and include companies such as major retailers and manufacturers, credit bureaus, insurance companies, banks and other financial institutions, major sports teams, healthcare and pharmaceutical companies, auto manufacturers and dealers, debt-collection companies, telemarketing companies, social media and other Internet service providers, and other businesses that use consumer information.

Select Privacy Litigation Representation

  • Obtained voluntary dismissals before a motion practice in various statutory-based privacy class actions.
  • Achieved a dismissal at the pleading stage in a class action for the alleged unlawful recording of telephone calls filed against a finance company.
  • Representation of employers in a variety of privacy-related claims brought by employees, including workplace invasion of privacy claims and claims under the FCRA related to employee background checks.
  • Success on a motion for summary judgment against claims brought under the TCPA and state consumer laws that prohibit or otherwise restrict unsolicited facsimile transmissions.
  • Representation of a national credit bureau in more than a dozen nationwide class action lawsuits alleging that the use of certain consumer data for marketing purposes violated consumers’ privacy rights under the FCRA and state law.
  • Achieved an early judgment on the pleadings and/or summary judgment (before discovery) in multiple TCPA class actions, including on behalf of a major sports franchise and a Fortune 50 technology company.


Our attorneys also possess a unique perspective and experience for helping clients structure marketing campaigns that will achieve their business objectives in a statutory compliant manner. We work through the details, right alongside our clients, in developing marketing strategies and campaigns, spotting issues, and framing practical business solutions. We know how to structure compliance programs that also make business sense.


Our interdisciplinary approach combined with our regulatory knowledge and strong relationships with class action administrators, plaintiffs’ counsel, and the courts, has led our consumer privacy litigators to achieve national recognition in providing our clients with comprehensive service in this burgeoning space.

We also continually monitor developments in data and consumer privacy litigation and routinely publish articles and newsletters about trends and rulings shaping our clients’ businesses and jurisprudence to keep our clients abreast of key changes in the law.