false advertising class actions
Historically, certification of a purchaser class has relied on a demonstration that class members were exposed to, relied on and were directly harmed by the alleged fraud or misrepresentation. Over time, however, approaches to class certification have evolved.
Four years ago, I spoke at a national advertising law conference on the sharp rise in consumer class action false advertising lawsuits. These lawsuits, once principally confined to California and a few other states, had by 2007 become the “next big thing” among the plaintiffs’ class action bar.