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Mark S. Eisen

He / Him / His

Co-Chair, Telephone Consumer Protection Act (TCPA) Group; Co-Chair, Class Action Practice Group
Chicago
T.
312.212.4956
liamE

Mark’s practice focuses on defending companies against consumer fraud and statutory class actions.  Mark defends cases alleging theories of false labeling and deceptive practices and defends all manner of statutory privacy claims, including those brought under the  Telephone Consumer Protection Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act and the Biometric Information Privacy Act.

Mark’s practice is truly nationwide. Over the last five years, he has defended cases in Arizona, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Maryland, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, South Carolina, Ohio, Pennsylvania, Utah, Texas, Washington and Wisconsin.

Consumer Fraud & Deceptive Practices Defense

Mark represents numerous clients in complex consumer fraud litigation, including lawsuits alleging false advertising, false labeling and defective products. Mark has defended class action cases for some of the country’s biggest companies ranging from misleading labeling, to defective products, to consumer deception, and across a range of businesses from pharmacy chains, to healthcare companies, to consumer packaged goods.

Mark routinely applies creative, outside-the-box thinking to tackling these cases early in the proceedings, successfully defeating these matters on motions to dismiss and motions to deny class certification.

Privacy Class Action Defense

Mark represents clients in a wide-range of statutory privacy claims. Mark has defended over 75 class and individual actions under the TCPA, FACTA, FCRA and FDCPA suits. Mark has likewise been at the forefront of defending cases brought under the Illinois BIPA.

Mark also defends class action suits brought under all manner of common law theories, including the defense of novel claims against technology companies, mobile application providers and software platforms.

Dispensary Litigation

At the intersection of a newly legal industry and plaintiffs’ lawyers, Mark has helped lead the charge protecting dispensaries from consumer protection claims. Mark has advised both dispensaries and dispensary technology vendors in the recent wave of dispensary and cannabis litigation.

Counseling

Mark’s practice is not limited to the courtroom. Part and parcel of his practice is ongoing client counseling and strategic assistance to avoiding litigation at the outset. Mark acts as an on-call advisor to companies across the spectrum, from healthcare to consumer goods to technology providers, making sure class action risk remains at a minimum. Mark routinely reviews product labels, contracts, and consumer outreach strategies to evaluate and minimize risk.  Mark brings a keen understanding of business needs and creative solutions to make sure companies can continue to thrive while keeping risk manageable.

Representative Experience

  • Secured dismissal with prejudice for national consumer health company in defense of consumer class action concerning product labeling.
  • Represented national consumer goods company in putative class action concerning alleged product defect.
  • Defended multiple first-of-their-kind lawsuits under state telemarketing laws.
  • Defended multiple class actions regarding the labeling of over-the-counter pharmacy products.
  • Defended threatened class action regarding the labeling of popular snack foods product.
  • Managed defense of series of class actions concerning the recall of a consumer good.
  • Coordinated the defense of multiple TCPA class actions against a medical device company, achieving a global resolution for pennies on the dollar.
  • Obtained dismissal of BIPA actions against a major grocery store company and airline service provider.
  • National TCPA and privacy counsel to one of the country’s largest dispensary software platforms.
  • Achieved dismissal with prejudice of FCRA action against a prominent jewelry company.
  • Quickly achieved a class resolution of a BIPA action against hospitality company.
  • Utilized novel “motions to deny class certification” to defeat class claims in a TCPA action and a consumer fraud action.
  • Achieved dismissal of myriad FACTA class actions in state and federal court.
  • National FACTA counsel for one of the country’s largest software providers.
  • National TCPA counsel to a major pharmacy company and diagnostic testing center.

  • Litigation
  • Class Action
  • Data Privacy Defense and Response Team
  • Telemarketing Litigation & Compliance
  • Contract, Business, Commercial & Consumer Disputes
  • First Amendment & Media Law
  • Compliance/HIPAA
  • Health Care Litigation
  • Long Term Care
  • Pharmacy
  • Intellectual Property
  • Data Privacy & Cybersecurity
  • E-Commerce
  • Corporate & Securities
  • FINTECH & Payments
  • Retail & E-Commerce
  • Cannabis
  • Boston University School of Law, 2012, J.D.
    • magna cum laude
    • Note Development Editor, Boston University International Law
  • University of Southern California, 2008, B.A., Political Science and Economics
    • magna cum laude
  • California
  • Illinois
  • North Carolina
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • Listed, The Best Lawyers in America®: Ones to Watch, Commercial Litigation, 2021, 2022, 2023, 2024

Highlights

Articles and Presentations
April 12, 2023
Spring Cleaning: FCC Modifies TCPA Regulations to Block “Likely” Illegal Text Messages and Considers Further Action On “Lead Generation Loophole”
March 28, 2023
Biometric Bombshells: Twin Shots Across the BIPA Bow
March 28, 2023
InterConnect Newsletter - Spring 2023

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News
August 17, 2023
Best Lawyers in America® Rankings 2024
March 30, 2023
Mark Eisen quoted in Law360 | "FCRA, Data Breach Suits Fuel Consumer Protection Docket"
February 20, 2023
Mark Eisen quoted in Law360 | "Ill. Justices' BIPA Ruling Invites 'Callous' Critique"

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