Consumer Law, Finance & Class Action Group

Whether a company is facing a class action, experiencing a state or federal investigation, enforcement action or examination, or simply navigating the many statutory and regulatory requirements covering consumer interactions, Foley is well positioned to assist. Foley has the experience, geographic footprint, and substantive knowledge to protect our clients in high-stakes matters. The attorneys in Foley’s Consumer Law, Finance, and Class Action Group have defended clients in hundreds of class and mass actions, attorney general actions, and in matters before the Consumer Financial Protection Bureau, the Federal Trade Commission, State Attorney Generals, as well as many other federal and state agencies. Our team has experience across all industry sectors, including consumer products, financial services, healthcare, real estate, hotel and leisure, multifamily housing, electronics, car rental, technology, automotive, and retail.

Our clients include:

  • Home Services of America, Inc.
  • Cummins, Inc.
  • Harman International Industries
  • Anthem, Inc.
  • Long & Foster Real Estate
  • Mayo Clinic
  • MGIC
  • Baxter
  • PetSmart
  • RealPage, Inc.
  • Yogi Brands
  • Equity Residential
  • National real estate brokerage, mortgage, and financial services companies
  • Some of the nation’s largest prescription benefit managers and pharmacy chains
  • Leading food and beverage manufacturers and producers
  • National REITS, owners and management companies, billing service providers and other companies in multifamily housing
  • A variety of manufacturing and retail companies in industries such as auto parts, clothing and apparel, electronics, windows, and home products.

Foley’s substantive experience includes, among other things, defending and counseling companies with respect to state and federal unfair and deceptive trade practices and false advertising laws, including:

  • Various state consumer protection statutes, including California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act (CLRA), Illinois’s Consumer Fraud and Deceptive Businesses Act, New Jersey’s Consumer Fraud Act, Florida’s Deceptive and Unfair Trade Practices Act, Texas’s Deceptive Trade Practices Act, and various other states unfair trade and/or deceptive practices acts; the federal Consumer Financial Protection Act
  • Claims for breach of warranty, common law fraud, unfair pricing, and negligence
  • A variety of other statutes including the Telephone Consumer Protection Act, the Real Estate Settlement Procedures Act, the Truth-in-Lending Act, the Racketeer Influenced and Corrupt Organizations Act, federal and state antitrust laws, the Fair and Accurate Credit Transactions Act, and the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Electronic Funds Transfer Act.

Our team also regularly counsels and advises clients in various industries on compliance programs, best practices and class action risk management.

You can learn about some of Foley’s key successes and experiences in these areas by clicking the links below, or by checking out our blog for current legal developments.

Representative Matters

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Represented one of the issuing banks in an antitrust class action alleging price fixing in the processing of credit cards by Visa, Mastercard, and several issuing banks. The matter was dismissed on motion filed by Foley and others. The Ninth Circuit affirmed the dismissal.
Represented a large regional bank in claims filed by a participant bank related to alleged breaches of a participation agreement, including through trial and appeal to the Eleventh Circuit Court of Appeals. After appeal, the trial court's award of damages against the regional bank was substantially reduced.
Plaintiff sought to represent a class of borrowers who claimed they were charged improper fees for fax payoff statements and for loan release recordings. Foley represented the national bank defendant and settled the matter on a favorable basis.

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