Consumer Class Action Litigation: Regulatory and Case Developments

Leveraging the Latest Decisions on Certification, Causation, Class Notice and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, November 28, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide class counsel with a review of the latest trends in consumer class action litigation. The panel will outline approaches for plaintiff and defense counsel to leverage these trends in pursuing or defending suits.


The impact of the Wal-Mart v. Dukes and AT&T Mobility v. Concepcion decisions continues to reverberate in consumer based class litigation. The Second Circuit narrowly read the Concepcion decision upholding class arbitration waivers, finding a waiver unenforceable.

Two important consumer cases are in the Court's current term. Comcast v. Behrend addresses a class representative’s burden to show damages on a class-wide basis when seeking certification. Genesis Healthcare v. Symczyk questions whether a settlement offer to a named plaintiff moots a class action.

Recent circuit decisions focus on whether the publication of a single class action settlement notice satisfies due process and whether settlement offers that don't allow judgments moot FDCPA claims. Other developments include the first enforcement action filed by the Consumer Financial Protection Bureau.

Listen as our panel of experienced class action litigators examines recent trends affecting consumer class actions, including pending Supreme Court cases and recent decisions, circuit court developments in class action waiver, notice and certification standards, the impact of settlement offers on FDCPA claims, and related CFPB regulatory developments.



I. Class action arbitration waivers
          A. Analysis of AT&T Mobility v. Concepcion
          B. Second Circuit: Amex cases
II. Class certification following Wal-Mart v. Dukes
          A. Class certification
          B. Relief sought
III. Other caselaw developments
          A. Deciding statutory damages following First American v. Edwards
          B. Single publication of class action settlement notice in the Second Circuit
          C. Settlement offers that do not allow judgments and FDCPA claims in the Eleventh Circuit
          D. Claims under state consumer protection laws and HAMP in the Seventh Circuit
IV. Regulatory developments: U.S. Consumer Financial Protection Bureau
V. On the horizon
          A. Comcast v. Behrend
          B. Genesis Healthcare v. Symczyk
          C. Standard Fire Insurance v. Knowles


The panel will review these and other key questions:

  • What is the impact of the Wal-Mart v. Dukes decision on the current case of Comcast v. Behrend?
  • Do the Amex cases represent a further narrowing of whether class action waivers are enforceable under AT&T Mobility v. Concepcion?
  • Why did the class action settlement notice fail to satisfy due process for the Second Circuit?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Barry Goheen
Barry Goheen

King & Spalding

He has served as lead or co-counsel in over 50 class actions in all areas of the law, including antitrust, securities...  |  Read More

David S. Almeida
David S. Almeida


His practice focuses on advising and defending companies on their marketing, advertising, promotions and privacy...  |  Read More

Mark P. Chalos
Mark P. Chalos

Lieff Cabraser Heimann & Bernstein

He focuses his practice on representing individuals who have suffered catastrophic personal injuries and families...  |  Read More

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