Unfair Trade Practices & Consumer Protection Defense
Cohen Seglias’ Unfair Trade Practices & Consumer Protection Defense Group defends companies that are the subject of government investigations, enforcement actions, and lawsuits alleging violations of various state and federal consumer protection laws and regulations. Our clients include Fortune 500 corporations and other businesses, both large and small, across a variety of industries such as financial services, real estate, and manufacturing. Our goal is to help our clients navigate through the ever-changing regulatory landscape to ensure corporate compliance with relevant laws and regulations, and to defend them when investigations are launched, or litigation becomes necessary.
- Achieved the voluntary withdrawal of both plaintiffs’ individual and class TCPA claims after preparing a motion to strike the class action that showed that the putative class failed to meet Rule 23’s ascertainability and predominance requirements.
- Prevailed on several TCPA cases at motion to dismiss or summary judgment stage where claims failed to meet statutory requirements, or where business records undermine claims about call volume and withdrawal of consent.
- Regularly defend individual TCPA actions, often brought in conjunction with FCRA and FDCPA actions, and obtain cost-effective settlements that terminate potentially expensive litigation.
- Regularly defend against private consumer complaints filed with the PAOAG Bureau of Consumer Protection, and obtain favorable results for our clients.
- Achieved the dismissal of a PAOAG investigation into a small manufactured housing community accused of violating the Pennsylvania Manufactured Community Rights Act (MHCRA) and the UTPCPL.
Government Investigations
Our attorneys counsel businesses that are the targets of consumer protection investigations conducted by state attorneys general and governmental agencies, including the Department of Justice, the Federal Trade Commission, and the Consumer Financial Protection Bureau. We understand that the stakes associated with these corporate investigations are high – ranging from civil penalties and the payment of costs and restitution, to injunctive relief and the forfeiture of the right to do business – and we are aggressive and conscientious advocates for our clients, working to manage risks and protect their rights in the most cost-effective way possible.
We have particular experience representing clients who operate in Pennsylvania and are the subject of investigations by the Pennsylvania Office of the Attorney General (PAOAG) under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). The PAOAG has considerable authority when conducting corporate investigations into deceptive or unfair business practices, but its power is not unlimited. We understand the PAOAG’s aggressive tactics and work hard for our clients to reduce the burden imposed on our clients and to control costs.
Our legal team includes a former Chief Deputy Attorney General in the PAOAG, which gives us unique insight into how government attorneys and investigators think, the goals they hope to achieve, the tactics that they employ, and the limitations to which they are subject. We put this experience and knowledge to work for our clients, developing strategies to respond to investigations, preventing the expansion of such investigations into broader areas of the company’s operations, and minimizing the financial losses, changes to business practices, and adverse publicity that frequently accompany consumer protection investigations.
Defense Litigation
Our attorneys also represent companies that are the subject of private lawsuits brought by consumers. We have extensive experience defending individual and class action claims alleging a variety of state and federal consumer protection laws, including the Fair Debt Collection Practices Act (FDCPA), the Pennsylvania Fair Credit Extension Uniformity Act (FCEUA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Truth-in-Lending Act (TILA), and the UTPCPL, as well as common law claims alleging deceptive trade practices and invasion of privacy.
We approach all matters with an eye on the big picture and recognize that litigation is often not the most appropriate course of action. Accordingly, we work with our clients to develop creative and cost-effective strategies to best fit their needs, and we frequently resolve disputes through negotiations. However, there are matters that simply cannot be resolved and must go through the investigative process and/or trial. For those matters, our clients trust our consumer protection and regulatory defense attorneys to vigorously defend them and obtain the best possible result.
Capabilities
