Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partner Jerry Maatman, senior associate Alessandra Mungioli, and associate Ryan Garippo with their discussion of the key trends analyzed in the 2025 edition of the Consumer Fraud Class Action Review.
Bookmark or download the Consumer Fraud Class Action Review e-book here, which is fully searchable and accessible from any device.
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Episode Transcript
Jerry Maatman: Welcome listeners. Thank you for being here for our weekly podcast series, the Class Action Weekly Wire. I’m Jerry Maatman, a partner at Duane Morris, and joining me today are my colleagues, Ryan and Alessandra. Thanks so much for being on the podcast today.
Alessandra Mungioli: Thank you, Jerry, happy to be part of the podcast.
Ryan Garippo: Thanks, Jerry. Glad to be here.
Jerry: So, today we are discussing the recent publication of the second edition of the Duane Morris Consumer Fraud Class Action Review. Listeners can find that book in e-book form on our blog, the Duane Morris Class Action Defense Blog. Alessandra, can you tell our listeners a little bit about the publication and desk reference?
Alessandra: Absolutely, Jerry. Class action litigation in the consumer fraud space remains an area of key focus for skilled class action litigators in the plaintiffs’ bar. As a result, compliance with consumer fraud laws and the myriad of ways that companies, customers, and third parties interact is a corporate imperative. To that end, the class action team here at Duane Morris is pleased to present the Consumer Fraud Class Action Review for 2025. This publication analyzes the key consumer fraud-related rulings and developments from 2024, and the significant legal decisions and trends impacting this type of class action litigation for 2025. We hope that companies will benefit from this resource in their compliance with these ever-evolving laws and standards.
Jerry: For those using a scorecard, in 2024 there was a mixed bag of results which led to major victories for both plaintiffs and defendants in this space. Ryan, what were some of the key takeaways from the publication in regard to litigation in this particular area?
Ryan: Well, Jerry, like many areas, obtaining class certification is still one of the most effective procedural tools to vindicate the rights of consumers. In 2024, plaintiffs were successful in receiving class certification in 57% of the motions that were filed, which was down from the number in 2023 when courts granted 66% of those motions.
Jerry: Well, that overall number and the tracking of the statistics is certainly telling and interesting. What would you anticipate 2025 will bring for companies that are facing consumer fraud class actions?
Ryan: Well, as the class action landscape continues to develop so, too, are the playbooks for the plaintiffs and defense bars. Counsel on both sides are becoming more sophisticated and creative in their approaches to prosecuting and defending class actions. There’s a wide variety of conducts that gives rise to consumer fraud class actions in every industry susceptible, so at least in 2024, consumer fraud class actions ran the gamut of false advertising and false labeling claims from everything to cannabis to nuts. So, we anticipate this is continue going to continue to be the case in 2025.
Jerry: Well, the plaintiffs’ bar is nothing if not innovative. I had a data breach incident that came across my desk last night that involved allegations under the Illinois Consumer Fraud Act. So, the plaintiffs’ bar is pushing the envelope for sure in this particular space. In terms of companies that are trying to comply with consumer fraud statutes, the Review also talks about the top consumer fraud settlements in 2024. How did plaintiffs do in securing settlement funds this past year?
Alessandra: They did very well in securing high dollar settlements. In 2024, the top 10 consumer fraud settlements totaled a staggering $2.4 billion. However, although this is a huge dollar amount, it was a significant difference since 2023, when the top 10 consumer fraud class action settlements totaled $3.29 billion dollars. But really, this just shows the massive amount of money involved in some of these class actions where thousands to millions of consumers could potentially be involved.
Jerry: Well, gosh, the stakes are quite high then, and we’ll continue to track those settlement numbers in 2025. If you just look at your iPhone and scroll through things like Twitter, you see plaintiffs’ bar advertising and then publicizing these big settlements. So, it may well be this year is another record-breaking year when it comes to settlement amounts. Well, thanks so much for being here today, and thank you to our loyal listeners for tuning in. Please stop by our blog and download a free copy of the Consumer Fraud Class Action Review e-book.
Ryan: Thanks, Jerry, for having me, and thanks to all the listeners.
Alessandra: Thanks, so much, everyone.