False Advertising & Consumer Fraud

BRG experts combine a deep understanding of actual market behavior, relevant economic theory, and sound empirical research to advise counsel in consumer protection matters including class action litigation. BRG experts routinely examine issues associated with potential conflicts between class members and claimed impact and damages, and whether proposed class members share common issues suitable for class-wide resolution, including under “benefit-of-the-bargain” and “overpayment” theories of harm. As part of such analyses, we often rely on high- volume microdata reflecting purchases (e.g., price and sales data) and apply rigorous statistical approaches (e.g., regression techniques) where appropriate.

Using empirical tools such as surveys, conjoint analysis, natural experiments, and content analysis, BRG experts also address issues of exposure, perception, and materiality. We address, for example, whether all members of a proposed class were similarly exposed to, or affected by, an alleged misrepresentation and whether proposed class members relied on the statements at issue in making their purchase decisions.

We have also advised counsel on issues related to consumer decision-making and purchase behavior in actions brought by regulatory agencies, including the Federal Trade Commission and state attorneys general, under consumer protection laws related to deceptive business practices including use of dark patterns, auto-renewal, retail-pricing claims, and privacy disclosures.