Class Action Defense

Gunster litigators understand, from decades of hands-on experience, that class actions can be far more than just a short-term financial threat. On many occasions, class actions can result in an attack on reputation, brand quality, goodwill, and product identity in the marketplace. At Gunster, our Class Actions team is dedicated to helping clients defend their reputations by focusing on defeating class certification and obtaining victory on the merits. Our firm has defended hundreds of high-exposure, bet-the-company class actions across a range of substantive areas, including toxic tort, financial services, insurance, consumer fraud, banking and finance, health care, antitrust, securities, product liability, telecommunications, tax and construction.

Our litigators work with many legal disciplines within the firm, including tax, discovery and employment law, to advocate client rights in class action defense. Our team is familiar with the issues class actions present, including the standards for class certification and strategies for defeating it, challenges to standing, jurisdiction and venue, removal, dismissal, summary judgment, arbitration, settlement administration, MDL proceedings and joinder of parties. Our firm is committed to resolving issues of “class-action waivers” and advises clients on moving filed classes to single-party arbitrations, including the defense of arbitration and class-waiver clauses.

Our Class Action team defends cases involving pricing practices, advertising practices, credit cards, debit cards, gift cards, loyalty programs and call recording practices. Some examples of our experience include cases brought under the State Consumer Fraud and Deceptive Practices Act, Telephone Consumer Protection Act (TCPA), Song-Beverly Act, qui tam/taxpayer suits, Electronic Funds Transfer Act, privacy statutes, Biometric Information Privacy Act, and the Fair and Accurate Credit Transactions Act. Most recently, our firm has defended cases under the new law dubbed the Florida Telephone Solicitation Act (FTSA).

For decades, Gunster has developed comprehensive strategies for defending clients against toxic tort claims. Our team represents clients in class actions involving silica and amorphous silica, benzene and diesel fumes, manganese and welding fumes, pesticides, mold, chemicals, paints and coatings, cleaners and degreasers, and ground water contamination. Our litigators defend a range of personal injury, wrongful death, birth defect and property damage claims arising from environmental contamination and chemical exposure.

Gunster has defended statewide claims involving a variety of products. Our product understanding includes automobiles and components, cosmetics, supplements, food and beverage, medical devices and electronics, as well as exposures to allegedly toxic substances such as BPA, formaldehyde, arsenic, lead and silica. Our experience includes claims challenging product safety, as well as those alleging false advertising in manufacturers’ representations about their products.

Developing long-term relationships with clients supports us in gaining institutional knowledge when seeking to deliver consistent value. Our litigators aim to resolve matters at the appropriate time to achieve clients’ goals, working closely with in-house teams to identify and manage risk and maintain control over litigation matters. Our firm represents clients in a variety of key industries with particular knowledge of:

Agriculture

Gunster has represented farmers and agricultural businesses with respect to environmental claims, labor claims, water rights, and business claims. Our litigators are skilled in litigation relating to Florida’s Right to Farm Act.

Financial Services

Our litigators have handled class actions involving credit card services and transactions, gift reward cards, payment processing, charitable services, auto financing, banking, fallout from Ponzi schemes, the EFTA, and the Fair Debt Collection Practices Act (FDCPA). Our team also experienced in defending insurance companies in Medicare related, homeowners, auto and personal injury protection (PIP) class actions.

Food, Beverage and Dietary Supplements

Our litigators have represented food, beverage and dietary supplement manufacturers, distributors, and retailers in class actions involving organics, naturals, ingredient content and efficacy substantiation.

Household Products and Services

Our firm represents manufacturers of everyday products and services that customers regularly purchase, ranging from soap, deodorant, cosmetics and hair products, to pet food, lawn care, furniture, appliances, air fresheners and cleaning services. Our litigators assist manufacturers and service providers with class action litigation covering labeling, product defects, misrepresentations, slack-fill and other concerns.

Retail and Fashion

Our team defends retail, fashion, apparel, footwear, accessories and furniture and textile clients in class actions involving products labeled “Made in USA,” state weights and measures actions, and comparative pricing.

Transportation

Gunster’s Class Action team represents transportation and mobility companies in economic class actions and multidistrict litigation throughout the country.

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