Consumer Class Action Defense

Fishman Haygood's consumer class action litigation team has defeated multiple putative consumer class actions through carefully crafted litigation strategies.

Led by partner Lori Mince, our team successfully defended a national equipment rental company against a class action seeking significant damages arising from Loss Damage Waiver and Environmental charges. The team’s aggressive litigation strategy began with seeking—and winning—the transfer of the case from Alabama to the United States District Court for the Middle District of Louisiana. After substantial discovery, the firm filed a motion to dismiss the class action claims. While the motion was pending, the named plaintiff agreed to dismiss all class action claims with prejudice and accepted a nominal amount to settle its individual claim.

Representative Experience

  • Secured the denial of class certification for a retail grocer with more than forty stores throughout the Gulf South against a class-action suit alleging violations of the Fair and Accurate Credit Transactions Act.
  • Settled a Telephone Consumer Protection Act class action against our client for a nominal amount after filing a motion to dismiss  on the basis that that the claims were pre-empted by the McCarran-Ferguson Act.