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.
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.
