Consumer Protection and Data Privacy Litigation

Standing on the horizon of law and technology, Labaton Keller Sucharow’s Consumer Protection and Data Privacy Practice Group is committed to leveraging our litigation expertise to champion the rights of consumers who have fallen victim to marketplace fraud, as well as individuals adversely affected by significant data breaches and the improper utilization of private information.  Drawing upon our vast experience in multi-jurisdictional litigation, we aim to safeguard consumers who have been adversely affected by businesses' failures to protect their customers' data.

Our Practice is built on world-class trial skills, deep technical knowledge across industries, and a steadfast commitment to fairness.  We combine litigation with strategic reform efforts to improve corporate conduct and strengthen consumer protection.  Supported by a dedicated team of investigators and analysts, we take a comprehensive approach to uncovering wrongdoing and securing meaningful remedies for those affected.

Achieving Historic Results

Labaton Keller Sucharow secured a historic jury verdict in a landmark data privacy case against tech giant Meta Platforms Inc. in the U.S. District Court for the Northern District of California.  Labaton served as co-counsel for the plaintiffs, a class of Flo Health app users, who alleged that Meta knowingly recorded and exploited sensitive women’s health data in violation of California privacy laws.  The jury found Meta liable for its role in the unauthorized collection and commercial use of highly personal health data, which plaintiffs argued was used to strengthen Meta’s targeted advertising business.  The case is one of the first times a jury has held a major technology company accountable for its handling of consumer health information.  In recognition of this important verdict, Labaton Keller Sucharow’s trial team was named Law360 “Legal Lion of the Week” and The Am Law Litigation Daily’s “Litigator of the Week Runners-Up.”

In another notable achievement, Labaton Keller Sucharow achieved a record setting $650 million settlement in the In re Facebook Biometric Information Privacy Litigation matter—one of the largest consumer data privacy settlements ever, and one of the first cases asserting biometric privacy rights of consumers under Illinois’ Biometric Information Privacy Act (BIPA).  In this photo-tagging case, our team represented plaintiffs who had been harmed by Facebook’s violation of Illinois’ BIPA.