Cases : Consumer Fraud

Serving as co-lead counsel to a class of consumers who were victims of gift card scams and from whom Apple allegedly withholds funds. KM Partner Anthony Fata developed and filed the first complaint in this proprietary case. Drawing on his financial crimes expertise, Mr. Fata developed the factual theories underpinning the case, helped to organize counsel, and led and is currently co-leading efforts on behalf of the class.

Co-lead counsel in a class action against H&R Block and HSBC (as successor to Beneficial National Bank) for the benefit of almost two million taxpayers who had obtained Refund Anticipation Loans (“RALs”). The case alleged that H&R Block and Beneficial National Bank made misrepresentations and charged people undisclosed fees on RALs. After years of litigation and appeals, the case resulted in a settlement of $39 million in cash.

Rothstein v. GMAC Mortgage LLC, No. 12-cv-03412 (S.D.N.Y.).  Lead counsel.  $13 million settlement against GMAC Mortgage LLC in In re Residential Capital, LLC, No. 12-12020 (Bankr. S.D.N.Y. 2016).

Lead counsel in a class action litigation against IDT Corporation, IDT Telecom, Inc., and Union Telecard Alliance, LLC (collectively, “IDT”). The case alleged that IDT failed to inform consumers sufficiently about the applicable rates and charges for its prepaid and rechargeable calling cards, and thereby violated various state consumer protection acts and other laws. The case resulted in a settlement of up to $20 million in Refund PINs (representing free domestic telephone minutes), $2 million in charitable donations, and additional relief consisting of enhanced disclosures of calling card charges.

In re MCI Non-Subscriber Telephone Rates Litigation, MDL No. 1275 (S.D. Ill. 2001).  Chairman of steering committee.  $88 million settlement.

Bartold v. Glendale Federal Bank, Nos. G020529, G021899 (4th Cir. 2000). Representation of California homeowners. Ruling on behalf of hundreds of thousands of California homeowners establishing banks’ duties regarding title reconveyance.

Gelb v. AT&T, No. 90-cv-07212 (S.D.N.Y. 1994). Landmark decision regarding filed rate doctrine leading to injunctive relief.