Consumer Litigation
Scott+Scott’s Consumer Practice Group consists of some of the premier advocates in the area of consumer protection and has been at the forefront in litigating and securing some of the most significant consumer protection settlements on behalf of our clients, resulting in hundreds of millions of dollars to class members. The Firm’s Consumer Practice Group has attorneys dedicated to three primary areas: Data Breach/Data Privacy Litigation, Healthcare and Pharmaceutical Litigation, and Consumer Protection Litigation.
Landmark Cases
US FOREX
Antitrust + Competition
$2.3 Billion in US settlements for market manipulation
BoA/US BANCORP
Securities Litigation
Novel investment recovery under The Trust Indenture Act
Wendy's
Consumer Litigation
Data Breach case with $50 Million settlement
Corporate Governance
Record-setting sexual harassment settlement of $310 Million in corporate reforms
Data Breach/ Data Privacy Litigation
The Firm has extensive experience litigating data privacy and data breach class actions advancing cutting-edge legal theories. We have achieved some of the largest recoveries in this area.
Representative Cases
First Choice Fed. Credit Union v. Wendy’s Co.,
No. 16-cv-16506 (W.D. Pa.)
Class action on behalf credit card issuers for Wendy’s Data Breach which exposed 18 million consumer payment cards. ($50 million settlement to compensate financial institutions for reimbursements they made to customers).
In re Equifax, Inc. Customer Data Security Breach Litig.,
No. 1:17-md-02800 (N.D. Ga.)
Co-lead counsel on behalf of financial institutions injured as a result of the 2017 Equifax data breach that exposed the personal and financial information of approximately 150 million U.S. consumers. (Settlement valued in excess of $32.5 million).
The Home Depot, Inc., Customer Data Security Breach Litig, MDL
No. 2583 (N.D. Ga.)
Co-lead counsel on behalf of financial institutions involving data breach and theft of the personal and financial information of over 40 million credit and debit card holders. ($27.25 million settlement).
In re Target Corporation Customer Data Security Breach Litig, MDL
No. 2522 (D. Minn.)
Complaint on behalf of financial institutions injured by the theft of sensitive payment card information. ($59 million settlement).
Greater Chautauqua Federal Credit Union v. Kmart Corporation,
No. 1:15-cv-02228 (N.D. Ill.)
Complaint on behalf of financial institutions injured by the theft of sensitive payment card information.
(Settlement valued at $13.4 million).
WinSouth Credit Union v. Mapco Express, Inc.,
No. 3:14-cv-01573 (M.D. Tenn.)
Largest per dollar per card recovery involving payment card data breach brought on behalf of a class of financial institutions.
In re Vizio Inc., Consumer Privacy Litig.,
MDL No. 8:16-ml-02693 (N.D. Cal.)
Complaint regarding collection and sale of personal information obtained through consumers’ televisions. ($17 million settlement).
Insurance + Pharmaceutical Litigation
Scott+Scott represents consumers and health and welfare funds throughout the United States who have been overcharged in connection with their insurance and pharmaceutical transactions.
Representative Cases
Scott+Scott has significant experience litigating against insurance companies and pharmaceutical manufacturers. Our lawyers have obtained some of the largest settlements in consumer healthcare litigation, including:
In re Managed Care Litig., MDL
No. 1334 (S.D. Fla.)
(Settlements with Aetna, CIGNA, Prudential, Health Net, Humana, and WellPoint providing monetary and injunctive benefits exceeding $1 billion).
In re Prudential Ins. Co. SGLI/VGLI Contract Litig.,
No. 2208 (D. Mass.)
Complaint on behalf of a class of military service members and their families who had purchased insurance contracts. ($40 million settlement).
Consumer Protection Litigation
Scott+Scott has been at the forefront in prosecuting consumer protection actions against organizations engaging in unfair practices. Over the past decade, we have litigated a number of diverse cases, fought for rights of consumers to be treated fairly and equitably and have achieved significant settlements that have protected consumers’ rights and recovered substantial monetary benefits.
Representative Cases
The Vulcan Society, Inc. v. The City of New York,
No. 1:07-cv-02067 (E.D.N.Y.)
Complaint on behalf of a class of black applicants who sought to be New York City firefighters, but were denied or delayed employment due to racial discrimination. ($100 million settlement and significant injunctive relief).
In re Providian Financial Corp. Credit Card Terms Litig., MDL
No. 1301 (E.D. Pa.)
Complaint on behalf of a class of credit card holders who were charged excessive interest and late charges on their credit cards. ($105 million settlement).
In re Pre-Filled Propane Tank Marketing & Sales Practices Litig.,
MDL No. 2086 (W.D. Mo.)
Complaint on behalf of class of propane purchasers who alleged defendants overcharged the class for under-filled propane tanks. ($37 million settlement).
Murr v. Capital One Bank (USA), N.A.,
No. 1:13-cv-01091 (E.D. Va.)
Complaint on behalf of class of consumers who were misled into accepting purportedly 0% interest credit card offers. ($7.3 million settlement pending).
Gunther v. Capital One, N.A.,
No. 2:09-cv-02966 (E.D.N.Y.)
Case alleging consumers were improperly charged undeliverable mail fees. (Settlement resulting in class members receiving 100% of their damages).
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Court Grants Final Approval of $95M Apple Siri Settlement
U.S. District Judge Jeffrey S. White this month granted final approval of a $95 million settlement in the data privacy class action lawsuit Lopez v. Apple Inc., No. 4:19-cv-04577-JSW (N.D. Cal). This agreement resolves claims that Apple’s voice-activated assistant Siri violated users’ privacy by recording private and confidential conversations without consent. “We are pleased with the Court’s approval of this landmark settlement. This was a complex case brought on behalf of thousands of consumers and we are excited to have brought it successfully over the finish line,” said Scott+Scott Partner Erin Green Comite.
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Erin Green Comite Recognized as Partner of the Year
We are pleased to announce that Colchester-based Partner Erin Green Comite has been recognized as Partner of the Year by Law.com’s New England Legal Awards. Ms. Comite has served in leadership roles in numerous consumer class actions and secured settlements or court victories in an impressive number of cases ranging from data privacy litigation to product liability and consumer deception matters. Her dedication to individuals harmed by corporate malfeasance and mentorship of young colleagues make her a true trailblazer of women in law.
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Dutch Court Hands Down Ruling in Case Against TikTok
The Amsterdam Court of Appeal this week handed down a landmark decision in a collective action first filed against TikTok in 2021 by Scott+Scott on behalf of Stichting Take Back Your Privacy with support of the Dutch Consumentenbond (Dutch Consumer Association). The case was brought under the Act on the Settlement of Mass Damages Claims in CollectiveActions (WAMCA) on behalf of three interest groups and alleges that the social media company is violating children’s privacy and consumer rights. This ruling is a significant step forward in bringing data privacy and GDPR-related cases under the WAMCA mechanism created in 2020.
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Scott+Scott Files Lawsuit Against Meta Over Scam Ads
Scott+Scott this week filed a class action lawsuit against Meta, Instagram and WhatsApp on behalf of two financial professionals, alleging that the social media giants violated state and federal law by allowing scam impersonation advertisement on their platforms. According to the complaint Meta allowed fake impersonation ads on its platforms that “were designed to and caused consumer confusion, diverted prospective clients, damaged goodwill, as well as exposed class members to reputational harm, regulatory inquiries, and lost business opportunities. “
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