Consumer Protection Class Actions
CPM is one of the most experienced law firms in the country in representing consumers in class action lawsuits against businesses and corporations. Class actions are lawsuits in which an individual, or a group of individuals, sues a business on behalf of all individuals who have similar claims against the business. By allowing numerous claims to be brought in one lawsuit, class actions provide redress for harms that might be too small to address through individual lawsuits. The firm typically represents consumers in class actions against corporations that have engaged in fraud, or produced defective and dangerous products.
CPM acted as co-lead national class counsel in predatory lending actions against some of the largest mortgage lenders across the country. In addition, CPM has ongoing cases and investigations, launched by individuals contacting the firm, into predatory lending and credit card practices, unfair debt collection practices, misleading advertising and labeling, and many other practices designed to fleece consumers of their hard-earned money.
In re Apple Inc. Device Performance Litigation
Co-lead counsel for putative class of iPhone6, SE and 7 owners involving computer intrusion and trespass claims related to the alleged throttling of device performance. On May 15, 2020, the District Court preliminarily approved a potential $500 million class settlement in this multidistrict litigation.
Chang v. Beam Financial Inc.
USDC, Northern District of California
Counsel for putative class of users of Beam Financial’s mobile banking app in a consumer action against the Fin-Tech company. As alleged, Beam represented that it was a secure banking app and specifically promised users high interest rates, no lockup and “24/7 access" to their accounts; contrary to these promises, members have been unable to withdraw their money and have not received the promised interest. The case is currently pending in the Northern District of California.
Kofman v. Alexy (“Alex”) Pitt, Lucrazon, Netvence et al.
San Mateo Superior Court
On February 14, 2017, CPM obtained a $1,295,579 dollar judgment on behalf of an elderly Bay Area resident who was the victim of financial elder abuse. As detailed in the Complaint, Mr. Kofman lost every penny of his carefully saved retirement funds—in total over $1 million—in a merciless scam. Over the past fifteen years, Defendant Alexy Pitt has left in his wake a series of failed business ventures which have harmed employees and investors alike. As alleged in the Complaint, while running an MLM – pyramid scheme scam, Pitt and Lucrazon used Mr. Kofman as a personal piggy bank, going so far as to fly the elderly Kofman down to Irvine when they needed more money. In response to Mr. Kofman’s pleas for repayment, Mr. Pitt told Mr. Kofman "Donald Trump says you need to withstand pressure to be successful in business." Mr. Kofman pursued the case not just in the hopes of recovering some portion of his retirement funds but also with the hope of protecting others who could fall prey to Mr. Pitt.
Hanson v. Pro Solutions
USDC, Northern District of California
CPM represents a homeowner who was pursued by a debt collector, Pro Solutions, for unpaid Homeowners Association (HOA) dues. The complaint alleges that Pro Solutions violated the Fair Debt Collection Practices Act and other law by attempting to collect fees and charges that were greater than those allowed by law, and engaged in other illegal debt collection activity.
HL Leasing Ponzi Scheme
Fresno County Superior Court
PM obtained a jury verdict for $46.5 million against the top two senior officers of HL Leasing, Inc. for their involvement in a Ponzi scheme. The jury verdict came three days after the court had entered a directed verdict for $114 million against HL Leasing, Inc., Heritage Pacific Leasing and Air Fred, LLC for a Ponzi scheme in which over 1200 victims lost approximately $137 million. (Jury Verdict 2011)
Pardini v. Unilever United States, Inc.
United States District Court, Northern District of California
CPM and another firm represent consumers in a class action against corporate giant Unilever. One of Unilever’s many products, “I Can’t Believe It’s Not Butter,” falsely advertises that it offers a healthy alternative to butter, as a purportedly fat-free and calorie-free spray. Innocent consumers, many of whom have been given directives from their physicians to avoid fatty and high calorie foods, have relied upon I Can’t Believe It’s Not Butter’s promises, when in fact, the product contained 1295 calories and 137 grams of fat per 12-ounce bottle. Yet, to rake in profits, Unilever included statements on the nutrition panel claiming, “Calories 0” and “Total Fat 0g per serving.” Similarly, the front label stated “0 Calories per serving” and “0g fat per serving.” These misrepresentations misled and deceived all purchasers during the class period, who paid a hefty premium for false promises and put their health at risk. The suit alleges Unilever violated California and Missouri consumer protection statutes by making nutrient content claims that misled reasonable consumers to believe the heavy premium was worth the benefits.
Credit Counseling Industry Suit names Chase, Money Management International and Others
USDC Central District of California
CPM filed a consumer fraud case against JP Morgan Chase & Co., Chase Manhattan Bank USA, Money Management International (also known as Consumer Credit Counseling Service) and Money Management By Mail, Inc. for fraudulent “debt counseling” and debt collections in the subprime credit industry. The cases settled for $11.4 million.
Anastasiya Komarova v. MBNA America Bank, N.A.; National Credit Acceptance, Inc.
San Francisco Superior Court
In a rare jury trial against a credit card collection agency, a San Francisco jury ruled in favor of a young woman who was the victim of an abusive campaign to force her to repay a debt she never incurred. Anne Marie Murphy and Justin T. Berger represented Anastasiya Komarova, who was awarded $600,000 from National Credit Acceptance, Inc. in 2008. Komarova had been subjected to nearly a year of hostile telephone calls to her workplace and a spurious arbitration proceeding, all over a bogus credit card debt and despite the fact that she repeatedly told the agency she never had an account with the credit card company in question. In issuing its verdict, the San Francisco Superior Court jury described National Credit Acceptance's conduct as "outrageous." The verdict is believed to be one of the largest verdicts in the country by a sole plaintiff alleging credit abuse.
Northern Trust Bank of California
Los Angeles County Superior Court
CPM filed a class action on behalf of beneficiaries of fixed-fee trusts charged excess trustee fees over a 20-year period. The case returned tens of millions of dollars to consumers.
- Law360, 11.13.2020
- Judge Preliminarily Approves Historic Payment of Up to 500 Million Dollars As CPM Aids Apple iPhone Consumers Impacted By Software Slowdowns2020
- The Mercury News, 06.15.2018
- Western Center on Law and Poverty Honors CPM Partner Julie L. Fieber for Class Action Representation06.14.2018
- Judge Appoints CPM Founder Joe Cotchett as Co-Lead Counsel in the Apple Device Battery Throttling Case05.15.2018
- Lumber Liquidators Announces Memorandum of Understanding to Settle Class Actions for CPM Clients Related to Chinese-Laminate Flooring10.24.2017
- Court Upholds CPM Clients Consumers' Claims that Vizio Unlawfully Collects and Uses Private Consumer Data Collected through its Smart TVs in Cutting-Edge Privacy Case2017
- CPM Files First In The Nation Class Action Against Samsung For Exploding Samsung Note 5, S6 And S7 Series Phones11.02.2016
- East Bay Times, 05.06.2016
- CPM Partner Frank Pitre Chosen as One of Two of State’s Top Consumer Lawyers Among Dream Team to Lead Nationwide Class Action Cases Against Volkswagen2016
- Bloomberg, 12.10.2015
- Legal Newsline, 10.16.2015
- CPM Achieves $197 Million Settlement in Price-Fixing Whistleblower Lawsuit Involving Freight Companies
- Costco Taken to Court by CPM in Class Action Case for Knowingly Selling Slave Labor Shrimp to Unsuspecting Californians08.19.2015
- Law360, 07.28.2015
- The Recorder, 07.26.2014
- Law360, 07.14.2014
- The Recorder, 06.27.2014
- CPM Partners Cotchett, Fineman and Schnarr Win San Francisco Trial Lawyers Association Trial Lawyer of the Year Award04.17.2014
- Manhattan Beach Patch, 01.08.2014
- CPM Prevails as Court Makes Final Ruling on $1.15 Billion Award to Remove Lead Paint from Homes in CA Counties2014
- San Mateo Daily Journal, 12.19.2013
- San Francisco Chronicle, 12.16.2013
- Wall Street Journal, 12.16.2013
- CPM Name Partner Frank Pitre is Consumer Attorneys of California's 2013 Consumer Attorney of the Year11.17.2013
- San Jose Mercury News, 07.14.2013
- Civil Litigation Reporter., Volume 20, Number 1 (Feb. 1998)