Paul A. Rosenthal

Consumer Disputes & Class Actions

Paul defends his clients in single-plaintiff, class action, and consolidated cases in state and federal court, as well as in arbitration and mediation. He represents public and private companies in contract and indemnification disputes arising out of consumer claims that involve alleged false labeling, improper telemarketing or text marketing practices under the Telephone Consumer Protection Act (TCPA) and similar state and federal laws, as well as claims arising out of consumer-facing website operations under regulations such as the Video Privacy Protection Act (VPPA) and California Invasion of Privacy Act (CIPA).

He advises and supports consumer-facing businesses, service providers, consumer-communication platforms and lead generators on potential liability and risk exposure arising from telemarketing procedures or in connection with active or threatened consumer litigation.

Consumer Products

Paul represents consumer-product retailers and their vendors, as well as software providers, vendors and cloud-based solution providers, to develop efficient processes for managing and negotiating responses to consumer inquiries, litigation claims and third-party subpoenas. He advises on drafting and editing consumer-facing policies, terms of use, privacy policies and internal policy documents. He has also assisted his clients with investigating and responding to government inquiries and information requests concerning their consumer-contact and consumer-privacy procedures.

Paul’s sophisticated data privacy and security knowledge has earned him the Certified Information Professional / United States (CIPP/US) credential from the International Association of Privacy Professionals.

Representative Experience

Results may vary depending on your particular facts and legal circumstances.

• Defended numerous clients in putative class actions and individual claims in state and federal court and arbitration alleging damages under the TCPA and state analogues.
• Represented software providers and website owners/operators against putative class action claims asserting privacy violations under state wiretapping statutes.
• Represented multiple website owners/operators against claims that it violated the Video Privacy Protection Act (VPPA) through the sharing of consumer information with third parties.
• Counsel and defend consumer contact platforms regarding policies, procedures, and claims arising from customers’ use of software to communicate with their customers.
• Defended major cosmetics company against alleged violations of Florida state wiretapping laws involving two consumer-facing websites. Both cases were dismissed at early stages.
• Defended validation software provider against multiple consumer actions under California state wiretapping law.
• Defended multiple apparel and shopping websites against allegations that customer service and validation software violated state law.
• Represented a designer and retailer in a declaratory judgment action brought by competitor concerning trade dress claims against the client’s signature product.
• Defended consumer-marketing company against individual and consolidated claims arising from email marketing campaigns.
• Defended packaged food retailers against putative class action claims alleging false and deceptive advertising, marketing and labeling.
• Defended manufacturer against more than 100 individual state and federal claims by consumers alleging personal injuries caused by alleged contamination of vintage personal care product. Part of multiple trial teams and substantial work on expert discovery and dispositive motions.
• Coordinated the defense of a personal care product manufacturer against class action claims alleging false and deceptive advertising and labeling.
• Represented a nationwide consumer class action against an equipment rental company concerning a damage waiver and fees charged on consumer contracts.
• Obtained dismissal of all claims in a putative consumer class action alleging deceptive sales practices against a major national retailer.
• Coordinated the defense of a dog food manufacturer against class action claims alleging false and deceptive labeling.
• Represented a medical device manufacturer against more than 100 individual federal claims, including as part of a federal multidistrict litigation.
• Represented an insurance company and employees against claims alleging trade secret misappropriation and tortious interference arising from client’s hiring of competitor’s former employees.
• Represented food service provider in breach of contract action seeking recovery for payments withheld during COVID-19 pandemic.
• Represented an insurance company and employees against claims alleging trade secret misappropriation and tortious interference arising from client’s hiring of competitor’s former employees.
• Represented a nonbank mortgage lender against claims alleging a trade secret misappropriation and tortious interference arising from the client’s hiring of a competitor’s former employees.
• Represented an international petroleum company in federal multidistrict litigation and individual state court actions arising from an alleged defective design and failure to warn claims, natural resource damages claims, and related causes of action.
• Represented trade organization in obtaining dismissal of defamation claims asserted in connection with blog posts and successfully defended dismissal on appeal.
• Counseled a client concerning potential defamation claims arising from news coverage of a consumer pricing policy and successfully negotiated partial retraction by a local television news program.
• Lead fact finder on internal investigation concerning alleged legal malpractice claims arising from a law firm’s handling of a client matter.