Class Action Defense
Swanson, Martin & Bell, LLP understands and appreciates the stress a pending class action lawsuit can have on a company and its owners, representatives, and employees. Our class action lawyers work closely with clients and their insurers to develop tailored, efficient defense strategies.
Our class action lawyers have successfully represented Fortune 500 companies, financial institutions, manufacturers, small businesses, lenders, and debt buyers in class actions nationwide in both federal and state courts. The firm has a broad array of experience defending class actions in areas such as consumer finance and banking, consumer fraud and protection, RICO claims, defective product and manufacturing, and toxic tort/environmental, among others.
Years of experience in class action matters enables our lawyers to quickly and accurately assess the merits of a class action and create a strong defense that protects clients from unnecessary litigation expenses and recurrent filings. We have obtained dismissals of class action claims through motions to dismiss and successfully defeated class certification motions. When it comes to discovery, our lawyers work to substantially limit discovery at early stages in the litigation to minimize client expense and efficiently navigate through large electronic discovery issues. When necessary and appropriate, Swanson, Martin & Bell, LLP lawyers have achieved substantial victories for clients through the skillful negotiation of favorable settlements.
Our lawyers are able to achieve quick resolutions on behalf of clients to avoid protracted and expensive litigation. The firm’s national reputation and trial record offers peace of mind when a corporation’s most valuable assets – its reputation and integrity – are at stake.
Consumer Protection and Consumer Fraud: The fee-shifting nature of consumer disputes has created a cottage industry in the plaintiff’s bar. In response, Swanson, Martin & Bell, LLP has developed a reputation as a “go-to” firm for defending companies in class actions involving consumer protection issues. We have extensive experience defending companies in actions involving state consumer fraud acts, as well as the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA) and the Telephone Consumer Protection Act (TCPA).
Our firm is a recognized leader and innovator in the defense of single plaintiff consumer protection litigation and class actions. Our attorneys have successfully defended thousands of breach of warranty actions on behalf of the automotive industry and have defended countless FDCPA, TCPA, and FCRA individual and class action lawsuits.
Consumer Finance/Banking: Swanson, Martin & Bell, LLP has represented lenders in class actions asserting violations of the Truth In Lending Act (TILA), Regulation Z of TILA, the Electronic Funds Transfer Act, the Illinois Consumer Installment Loan Act, the Illinois Payday Loan Act and related state lending statutes. We have also defended securities class actions, successfully resolving class actions involving commodities fraud. In the consumer finance and banking class actions, the firm has obtained several dismissals of the underlying claims, resulting in favorable settlements for our client for less than the cost of defending the case.
Toxic Tort/Environmental: Swanson, Martin & Bell, LLP’s attorneys regularly defend clients in class actions involving allegations of chemical exposure, lead exposure, gas leaks, chemical spills and ground water contamination. Our attorneys have defended toxic tort/environmental class actions based on state and federal laws, state consumer fraud and unfair trade practices statutes, as well as common law claims of negligence, strict liability, nuisance and trespass.
Product Liability: Swanson, Martin & Bell, LLP’s attorneys represent a number of manufacturers, distributors and resellers against claims for breach of warranty, false advertising, strict liability, negligence and fraud stemming from the manufacture and/or sale of products alleged to be defective. Swanson, Martin & Bell, LLP’s attorneys have handled class actions involving firearms, lead paint, pressure treated wood, automobiles, and aircraft, among other products.
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