Class Actions: What Might Be On Your Horizon As A Direct Marketer?

Companies who have faced class action lawsuits, even (and maybe especially) frivolous ones, won't soon forget the experience.  Just getting a case dismissed, or fending off class certification in the first place, can be extraordinarily costly and stressful.   The amounts at stake are often huge–with potential downsides of "per violation" penalties in the four or five figures; costly discovery exercises (including producing countless emails and attending intrusive depositions); and the specter of paying the other sides' attorneys' fees (which are often a large percentage of the potential recovery).

What kinds of cases might be on your horizon?

Class action lawyers are nothing if not highly creative.  With the potential for a huge attorneys' fees recovery, and often little or no downside risk to filing, the incentive to come up with creative theories is enormous.  Direct marketers are then left to swat away at cases battling from their heels.   The latest crop of