Consumer Fraud & Abuse

WhatleyKallas' Consumer Fraud practice encompasses cases addressing virtually any unfair or deceptive tactics used to unfairly influence consumers. These tactics include false advertising or representation, the sale of defective products, pyramid schemes, and bait and switch schemes. 

Attorneys at the firm are currently litigating cases on behalf of consumers in the following areas, among others:

  • Food products and dietary supplements that are deceptively advertised as providing ingredients or health benefits that they do not.
  • Food products that are contaminated with heavy metals, such as lead, arsenic, mercury and cadmium.
  • Excessive overdraft fees charged on debit card transactions.

The firm’s Consumer Fraud practice includes individual cases as well as class actions. These cases involve the wrongful conduct of corporate, insurance and finance companies, including bad faith.

The firm’s lawyers have a long history of significant recoveries for consumers, going back to the settlement of nearly a billion dollars for homeowners with defective polybutylene plumbing. Our attorneys’ recent recoveries for consumers include:

  • Weeks v. Kellogg Company, No. 2:09-cv-08102-MMM-RZ (C.D. Cal.)(millions of dollars in common fund recovery for the class plus millions of dollars of charitable donation of food obtained in case challenging immunity claims in marketing of cereal);
  • Finley v. CVS Pharmacy, Inc., No. 08 L-616 (Cir. Ct. for 20th Jud. Cir., St. Clair Cty., Ill.) (refunds for purchasers of purported cold prevention remedy);
  • In re Enfamil LIPIL Marketing and Sales Practices Litigation; 0:11-md-02222-JIC (S.D. Fla.) (in consolidated cases alleging deceptive marketing of baby formula’s health benefits, settlement providing a multimillion dollar fund for payment of refunds, with any remainder paid to charity)(finally approved, appeal pending); and
  • Nasseri, et al. v. CytoSport, Inc., No. BC438181 (Cal. Sup. Ct., Los Angeles Cty.)(refunds and injunctive relief limiting the amounts of lead, arsenic and cadmium in the defendant’s protein supplements)(preliminarily approved, pending final approval).