Fooled Again and Again? False Advertising Classes Shouldn’t Get Injunctions


A minority of courts say that a consumer class action plaintiff has standing to get injunctive relief to prevent false advertising even though – by virtue of bringing the suit – he must know about the alleged deception and can’t be harmed by it a second time.

Defying common sense, these courts say that such a consumer can be deceived again and again by the alleged false advertising, absent an injunction. In the American Bar Association’s Summer periodical, Hueston Hennigan attorneys Steven Feldman and Ellen Kenney discuss why this position is wrong, and how to defeat injunctive relief classes.

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