SERVICES

At Stumphauzer, Foslid, Sloman, Ross & Kolaya, we have experience litigating individual and class action lawsuits involving various consumer protection statutes and laws.

PRACTICE AREAS

Consumer Protection Litigation

Overview

At Stumphauzer, Foslid, Sloman, Ross & Kolaya, we have experience litigating individual and class action lawsuits involving various consumer protection statutes and laws, including the Telephone Consumer Protection Act (TCPA), Fair and Accurate Credit Transactions Act (FACTA), Fair Debt Collection Practices Act (FDCPA), Florida Consumer Collection Practices Act (FCCPA), Magnuson–Moss Warranty Act claims, Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Racketeer Influence and Corrupt Organizations Act (RICO), Americans with Disabilities Act (ADA), and Fair Housing Act (FHA). Our lawyers also help clients develop compliance policies and procedures, and respond to regulatory compliance matters and civil investigative demands.

Because these matters often involve allegations of a common practice against a class of persons, consumer protection claims typically arise in the class action context.  An effective strategy in defending these matters is critical to minimizing or avoiding potentially catastrophic damages awards.  We have defeated efforts to certify classes in these matters and, in certain cases, have achieved early success in convincing courts to strike class allegations and prevent the costly and time-consuming discovery that often accompanies a class action.  We also have experience compelling putative class action claims to single-plaintiff arbitration.

  • Greenberg v. Doctors Associates, Inc. d/b/a Subway, Case No. 18-cv-22505 (S.D. Fla. 2018). Successfully compelled arbitration of TCPA class action brought against national food and beverage company.  See 338 F. Supp. 3d 1280 (S.D. Fla. 2018).
  • Powell v. YouFit Health Clubs, LLC., Case No. 17-cv-62328 (S.D. Fla. 2017).  Defeated class certification in national class action brought against sports and fitness company for alleged violations of the Telephone Consumer Protection Act.  See 2019 WL 926131 (S.D. Fla. Jan. 14, 2019) (denying class certification); 2019 WL 926131 (S.D. Fla. Feb. 22, 2019) (denying motion for reconsideration).
  • Ramos v. Hopele of Fort Lauderdale, LLC, et al., Case No. 17-62100-CIV (S.D. Fla. 2017).  Represented international retailer in TCPA class action where the district court judge granted summary judgment in defendants’ favors after concluding that messages were not sent in violation of the TCPA. 334 F. Supp. 3d 1262 (S.D. Fla. 2018).

We also have experience compelling putative class action claims to single-plaintiff arbitration.