The Class Action Playbook: Immediate First Steps for Companies Defending Against Consumer Class Actions

Class action litigation is a significant risk for consumer-facing companies.  An adverse outcome in a class action case can result in astronomical liability.  Moreover, defending a class action may consume company resources and divert attention from core business objectives.  To mitigate these risks, executives and in-house lawyers must take deliberate and decisive action when presented with a newly filed class action case, a litigation threat letter or mounting consumer complaints that appear to be headed toward litigation.

The list below outlines the first steps a company should take to gather and preserve the information that may be necessary to defend against consumer class action claims.  For each of these steps, it is imperative that in-house attorneys or outside counsel take the lead to ensure preservation of the attorney-client privilege and attorney work product protections.