Consumer Protection

Berger Montague’s Consumer Protection Group protects consumers’ rights when they are injured by false or misleading advertising, defective products, data privacy breaches, and various other unfair trade practices.

Consumers too often suffer the brunt of corporate wrongdoing, particularly in the area of false or misleading advertising, defective products, and data or privacy breaches. Using class action litigation, consumers can employ economies of scale to confront corporate wrongdoing and obtain a remedy for all those who were harmed. Berger Montague consumer protection lawyers have successfully obtained many multi-million-dollar consumer class action settlements.

View our Representative Settlements for examples of large recoveries we obtained on behalf of our consumer clients.

“Consumer Class Action” Defined

Consumer class actions are civil, federal, or state court cases brought by one or more individuals on behalf of themselves and a larger group or “class” of individuals who have suffered the same harm. Consumer protection cases can secure a judicial remedy that compensates those harmed by the defendant’s conduct and/or forces the defendant to stop the harmful behavior.

Consumer Fraud Examples

Consumer protection class actions can arise from many different kinds of corporate misconduct, including but not limited to the following:

  1. False advertising of products and services, including misrepresentation of features, quality, or other characteristics;
  2. Products or services that are faulty, dangerous, or defective;
  3. Undisclosed or unwarranted fees;
  4. Data breaches of personal or financial information – for example, the failure to safeguard consumers’ Social Security numbers, bank account information, or other sensitive information;
  5. Breaches of warranties; and
  6. Any other unfair or deceptive trade practice affecting a large number of consumers, usually thousands or more, in a uniform way.

Berger Montague Consumer Protection Lawyers are Nationally Recognized for Their Efforts

The Firm’s consumer cases have garnered special mention by the National Law Journal in its selection of Berger Montague to its 2016 “Hot List” of top plaintiffs’ firms in the United States.

For example, as noted in the Hot List, the firm was co-lead counsel in In re TJX Cos. Retail Security Breach Litig., No. 1:07-cv-10162-WGY (D. Mass.), a multidistrict class action brought on behalf of consumers whose personal and financial data was compromised in the then-largest theft of personal data in history.

The breach involved more than 45 million credit and debit card numbers and 450,000 customers’ driver’s license numbers. The case settled for benefits valued at more than $200 million and included two years of credit monitoring and identity theft insurance for certain class members, cash reimbursements, store vouchers, and injunctive relief.

The firm was also co-lead counsel in In re Pet Foods Product Liab. Litig., No 07-cv-02867 (D.N.J.), MDL Docket No. 1850 (D.N.J.), a suit seeking to redress harm from the sale of contaminated dog and cat food. Twenty of the country’s top pet food manufacturers agreed to pay $24 million to settle the class claims. The settlement involved many unique and highly beneficial terms, including allowing class members to recover up to 100% of their economic damages without any limitation on the types of economic damages they could recover.

No Fees Without Recovery

Berger Montague’s consumer class action cases are typically litigated on a contingent fee basis, so plaintiffs and the class do not pay attorneys’ fees or court costs unless there is a recovery.

Contact Our Consumer Protection Lawyers

We invite you to learn more about our Consumer Protection Group. Berger Montague welcomes referrals from other law firms and attorneys. For more information or to schedule a confidential discussion about a potential case, please fill out the contact form on the right, email us at, or contact a Consumer Protection Group shareholder. We are available to evaluate potential consumer class action cases without charge.