At their core, our consumer protection and warranty laws make sure that corporations stand behind their products and promises. The old “buyer beware” rule, which shifted the risk and burden of faulty products from seller to buyer, was repealed decades ago.
Under a bill it is sponsoring in Congress, the U.S. Chamber of Commerce however wants to effectively wipe out protections enshrined in the law of all 50 states, effectively restoring the "buyer beware" rule. "And the way they do that," attorney Jonathan Selbin of Lieff Cabraser writes in an OpEd published today on TheHill.com, "is by saying there can be no class action unless every buyer knows they were harmed, and were harmed in exactly the same way. So if one person learns they bought fool’s gold, but another never finds out, they cannot join together to sue, even though both were ripped off. Without the ability to join together, none can afford to take on the corporation. So no one gets relief, and the corporation walks away scot-free."
The chair of Lieff Cabraser’s Economic Injury Product Defect Practice Group, Selbin litigates consumer protection and defective products class action lawsuits against nationally prominent corporations. Selbin has played a lead role in class action litigation that has resulted in settlements with a combined total recovery for class members exceeding $2.5 billion in cash, plus other relief, such as extended and enhanced warranties.
Read Selbin’s OpEd "’No injury’ class actions are no such thing."