Commercial Law
Dec. 13, 2011
Pre-purchase exposure: Defeating class certification in false advertising cases
With social media and new ad avenues, the variability of consumer exposure may defeat class certification. By Gregory J. Sater of Venable
How can defendants in California defeat class certification in class actions that allege false advertising under either the "fraudulent" prong of the unfair-competition law or the Consumer Legal Remedies Act? There is at least one good way to do so, and that is by demonstrating variability of consumer exposure to the challenged advertising claim.
While there are differences between these two statutes, both require the plain...
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