Consumer Products

Milberg’s consumer litigation group focuses on protecting those who have fallen victim to deceptive marketing and advertising of goods and services, or those who have bought defective products. Our lawyers have long been leaders in the representation of consumers in a wide variety of these actions nationwide. Milberg has achieved real-world recoveries for our clients, often requiring corporations to change the way they do business. Our team of attorneys has extensive experience representing plaintiffs against well-resourced and highly sophisticated defendants.

We are constantly looking to protect consumers by investigating cases where they have been the victims of fraudulent or deceptive conduct, or where consumers have purchased defective or unsafe products. If you believe that you have been the victim of consumer fraud, please contact us.

Focus Areas of Practice

There are many different types of consumer product lawsuits, which can range from a product simply not performing as advertised to a dangerous defect that causes property damage or physical harm. At Milberg, our attorneys are experienced in handling a wide array of consumer protection lawsuits.

Breach of contract

When one party fails to live up to their end of a contract, and the other party suffers financial or reputational harm as a result, the wronged party may be able to file a lawsuit seeking compensation for their losses. For example, if you were to pay for a service, and the business or individual who was supposed to provide that service failed to do so, you might qualify for a breach of contract lawsuit.

Failure to warn

Some products carry certain risks even when used properly. When this is the case, the manufacturer has a responsibility to warn consumers of these risks, so they can decide if the benefits outweigh the hazards. When they fail to warn consumers of the risks, and consumers are harmed as a result, they may be able to file a lawsuit against the manufacturer.

False or deceptive advertising of goods and services

Too often, the products we buy don’t live up to their billing. Examples of false advertising or deceptive marketing include a health or beauty product that promises benefits that it fails to deliver, or an electronic device that does not actually do everything the marketing copy claims it does. If you purchased a product or service and then felt duped after using it, you may have been the victim of false or deceptive marketing.

Faulty, dangerous, or defective products

It’s bad enough when a product does not perform as advertised, but it’s even worse when the product is defective, sometimes to the point of being dangerous. For example, our firm filed a lawsuit against Subaru over cars that allegedly are prone to fits of sudden, unintended acceleration due to faulty wiring. A car that accelerates unexpectedly can cause a serious accident — this is why it’s so important to hold manufacturers and retailers accountable when their products are defective. It may discourage them from negligence in the future, and could even save lives.

Warranty claims

Many manufacturers include warranties on their products that guarantee the products will remain functional for a set period of time, such as two, three, or five years. Unfortunately, even these products have been known to break down. If this happens within the warranty period, and the manufacturer or retailer fails to honor the warranty by repairing, replacing, or refunding the cost of the product, it is known as a breach of warranty.

A breach of warranty may be grounds for a consumer products lawsuit, especially if it involves one of the following products:

• Car
• Truck
• RV
• Boat
• HVAC system
• High-end appliance

A car or other vehicle that is in constant need of repairs not long after it was purchased could be the basis for a warranty claim, especially if the manufacturer refuses to refund or replace the vehicle.

Unfair trade practices

There is some overlap with unfair trade practices and deceptive marketing, but these unethical practices can also include methods such as false sales, phony prize or gift offers, the targeting of vulnerable populations, or misrepresenting refurbished or secondhand products as new.

Notable Product Cases

Milberg’s consumer litigation group has taken on some of the country’s largest, most powerful companies in order to protect consumers from defective products, data breaches, and other harms. Here are some of our most notable consumer protection cases:

• Evenflo booster seats
• Graco booster seats
• Britax booster seats
• Zicam cold remedy products
• Seresto flea and tick collars
• American Journey dog foods
• GE ovens
• Whirlpool dishwashers
• All-Clad Metalcrafters cookware
• Subaru (unintended acceleration)
• Audi (stop/start function)
• Instagram (data privacy)
• Snapchat (data privacy)
• Vizio (refresh rate)
• L’Oréal (Keratindose)
• Respondus (data privacy)
• TCL (refresh rate)

Through these and other lawsuits, we have recovered millions in compensation for our clients.

Types of Compensation

Consumers who file lawsuits against negligent companies may be entitled to compensation for expenses and other damages related to the product or service they purchased. These damages vary greatly depending on the type of case, but they may include the following:

• Refund for a defective item, or compensation for the cost of repairs
• Medical expenses (if the product injured the consumer)
• Lost wages (if they can no longer work because of their injury)
• Property damage (caused by the product)
• Pain and suffering

Qualifying for a Lawsuit

Each unique type of consumer product lawsuit has a different set of criteria that must be met for it to be a strong, viable case. That said, there are a few elements that most of these lawsuits have in common:

• A manufacturer or retailer misrepresented a product or service;
• And/or the product or service was faulty or defective;
• And a consumer suffered financial or physical harm as a result.

Without deception, fraudulence, or negligence on the part of the manufacturer/retailer — and without losses sustained by the plaintiff — it is hard for these cases to move forward.

The best way to determine if you have a viable consumer product lawsuit, though, is to contact us for a free consultation. Milberg is one of the premier consumer litigation law firms in the country, having recovered millions for consumers wronged by companies such as Subaru, Audi, GE, and Whirlpool. If you’ve been the victim of a dangerous or defective product, a breached contract, or false or deceptive advertising, contact us today to see if we can help.