Key Contacts Niall P. McCarthy [email protected] Justin T. Berger [email protected] Brian Danitz [email protected] 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.
If you would like to discuss your potential or pending consumer
protection class action case, please follow up with Niall McCarthy, Justin Berger, or Brian Danitz.
● Email Niall McCarthy ● Email Justin Berger ● Email Brian Danitz
● Call Niall McCarthy, Justin Berger, or Brian Danitz at (650) 697-6000.
Noteworthy Cases
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.
PACE Litigation
CPM has teamed up with the non-profit
organization Housing and Economic Rights Advocates ("HERA") to
bring this individual and class action lawsuit in Alameda County
Superior Court alleging that certain solar finance and installation
companies have targeted Latino homeowners in California with
intent to defraud them into entering into a PACE Assessment
Agreement to finance solar power upgrades to their home.
Plaintiff alleges in her complaint that homeowners are repeatedly
hounded by robocallers in Spanish and told that a government
program requires them to install solar panels. Then when the
homeowner finally relents and receives the paperwork, it is all in
English and includes an agreement for a priority tax lien to be put
on their home and exorbitant and hidden fees and charges to
finance the solar upgrade are included--all without the
homeowners' knowledge or disclosure to the homeowner in
Spanish. Defendants at this time are PACE Funding Group LLC,
Green Pace Financial Inc., Complete Solar Inc., and Garantia Solar.
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
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.
News
CPM Helps Beam Financial Users Sue After Months of Withdrawal Delays
Law360, 11.13.2020
Judge Preliminarily Approves Historic Payment of Up to 500 Million Dollars As CPM Aids Apple iPhone Consumers Impacted By Software Slowdowns
2020
CPM Files Class Action Lawsuit Against Gohagan & Company and Travel Guard 05.07.2020
CPM Helps Consumers File Class Action Lawsuit Against Online Trading Academy for Fraud 04.20.2020
CPM Helps Apple iPhone Consumers Impacted by Software Throttling Reach Historic Settlement 02.28.2020
Doskocz v. ALS Lien Services: Additional Information for Potential Class Members 01.06.2020
LENOVO ADWARE LITIGATION SETTLEMENT
CPM Announces $17 Million Settlement for Purchasers of VIZIO Smart TVs Over Privacy Violations 2019
CPM client Oakland couple sues fertility clinic over damaged eggs
The Mercury News, 06.15.2018
Western Center on Law and Poverty Honors CPM Partner Julie L. Fieber for Class Action Representation 06.14.2018
Judge Appoints CPM Founder Joe Cotchett as Co-Lead Counsel in the Apple Device Battery Throttling Case
Lumber Liquidators Announces Memorandum of Understanding to Settle Class Actions for CPM Clients Related to Chinese-Laminate Flooring
10.24.2017
Court Upholds CPM Clients Consumers' Claims that Vizio Unlawfully Collects and Uses Private Consumer Data Collected through its Smart TVs in Cutting-Edge Privacy Case
2017
CPM Battles Price Fixing in Domestic Air Travel
CPM Fights for Consumers Against Price Fixing of Capacitors Used in Electronic Devices CPM Achieves Class Action Settlement with ProSolutions, a Debt Collection Company CPM Files Cutting Edge Privacy Case
CPM Files First In The Nation Class Action Against Samsung For Exploding Samsung Note 5, S6 And S7 Series Phones
11.02.2016
CPM Partner: Exploding Samsung 7 Phones Are Just the Tip of the Iceberg 10.19.2016
Tow companies take AAA to court over 'threats'
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 Volkswagen
2016
CPM Appointed Lead Counsel In Resistors Antitrust Class Action 12.21.2015
These Lawyers Want You to Know Slaves May Be Feeding Your Cat
Bloomberg, 12.10.2015
CPM client sues Costco over allegations of slave labor used for farming shrimp
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 Californians
08.19.2015
CPM Awarded Co-Lead Counsel in Lumber Liquidators Case 08.05.2015
CPM Awarded Co-Lead Counsel in Lenovo MDL Case
Law360, 07.28.2015
CPM's Unfair Competition Litigation Against HSBC Moves Towards Trial in New York CPM Pursues Class Action Against Pro Solutions Alleging Illegal Debt Collection Activity
CPM Brings Putative Class Action Against Best Buy Over Misstated Battery Life (Herron v. Best Buy) 23andMe ADR Clause Passes Muster With Koh
The Recorder, 07.26.2014
CPM Files Lawsuit Regarding Counterfeit, Non-FDA Approved Medical Devices Implanted Into Bodies 07.17.2014
CPM Obtains Top Verdict of 2014
Law360, 07.14.2014
CPM Gets a Thumbs Up on the Recorder's BAR-ometer
The Recorder, 06.27.2014
CPM Partners Cotchett, Fineman and Schnarr Win San Francisco Trial Lawyers Association Trial Lawyer of the Year Award
04.17.2014
CPM Prevails as Judge Holds Companies Liable for Lead Paint
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 Counties
2014
San Mateo County’s $55M settlement would go into lead program
California Judge Orders Lead Paint Cleanup
Wall Street Journal, 12.16.2013
Companies told to pay $1.1 billion in lead paint cleanup
San Francisco Chronicle, 12.16.2013
CPM Name Partner Frank Pitre is Consumer Attorneys of California's 2013 Consumer Attorney of the Year
11.17.2013
CPM Appointed Interim Co-lead Counsel in HSBC Overdraft Fees Litigation in New York 07.23.2013
Hazardous lead paint: Legal battle comes to trial in California
San Jose Mercury News, 07.14.2013
CPM Files Lawsuit Against Chevron for Defrauding Royalties Owners 2013
CPM Selected to the National Law Journal Litigation Boutique Top 10 Hot List 02.11.2013
CPM Achieves Final Approval for AT&T/Cingular Class Action Settlement on Behalf of Consumers 10.09.2012
CPM Represents Plaintiff Songwriter, Capitol Won't Surrender Royalties In 80s Singer's Suit 06.12.2012
Frank Pitre Receives Edward I. Pollock Award
CPM Selected as Co-Lead Counsel for Toyota Class Action
Cotchett, Pitre & McCarthy First Law Firm to Interview Bernie Madoff in Federal Prison CPM Facilitates $894 Million Pfizer Settlement
SRAM Motion for Class Certification Granted; Cotchett, Pitre & McCarthy Appointed Lead Counsel 09.29.2008
CPM Named as a Top 10 Litigation Practice in Northern California 2008
Punitive Damages: How Much Is Enough?
