Ohio Consumer Class Actions No Longer Mired in (Low-) Tar Pit?

In light of the recent decision in Phillips v. Philip Morris Companies Inc., class action lawsuits alleging violations of consumer sales and deceptive trade practices laws — which have grown in popularity in recent years — are likely to become much less popular in Ohio. Bricker & Eckler partner Anne Marie Sferra and associate Kara Herrnstein recently authored an article for the Legal Opinion Letter of the Washington Legal Foundation on how the March 2013 Ohio federal district court decision demonstrates that state "deceptive practices" statutes modeled after the federal Lanham Act — like the Ohio Deceptive Trade Practices Act (DTPA) — likely will not support a consumer class action, and that such actions must still meet the requirements of the Ohio Consumer Sales Practices Act (CSPA). For more, read the full article.

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