On November 4, 2019, LTL attained dismissal on behalf of client TP-Link USA Corporation in a putative class action involving alleged false advertising related to Wi-Fi networking speed claims. The case involved two rounds of motion practice. In the initial round, Judge Richard Seeborg granted TP-Link’s motion to dismiss forcing Plaintiffs to amend their complaint to drastically narrow the scope of the putative class, as well as add three additional plaintiffs in an attempt to save their case. In the second round, LTL defeated this narrowed putative class as well. Although the Court granted leave to amend, Plaintiffs declined. Plaintiffs’ counsel are well-known class action attorneys.
The case was originally filed in August 2018 in the Superior Court of San Francisco. LTL successfully removed the case to federal court and proceeded to cut down the scope of Plaintiffs’ case through motion practice. We were also able to keep Plaintiffs’ discovery demands to a minimum until dismissal.
This decision is important for all types of consumer products. Essentially the Court found that if a manufacturer advertises according to industry practice, then no reasonable consumer would be misled or harmed unless very specific conditions are met. The Court’s ruling supports businesses’ ability to advertise following industry practices that make sense for the type of product at issue.
The case was handled by LTL partners Prashanth Chennakesavan and Heather Auyang, and associates David Crane and Blake Guererro. This result further highlights LTL’s successful expertise in defending clients against consumer class actions.