About the Course
Introduction
This CLE webinar will discuss how class action defense counsel can create and execute a defense strategy that leverages the advertising process itself to defeat class certification of false advertising claims by showing that individual issues predominate and that a proposed class consists of too many potentially uninjured members.
Description
False advertising class action suits present certification challenges because state statutes generally require proof that the class as a whole relied on the allegedly false advertising of the defendants, and whether someone relied on particular advertising is usually a highly individualized issue. Even if applicable law does not require reliance, however, plaintiffs must still establish that the alleged false promotion caused classwide damages.
Advertising depends on triggering a well-recognized and well-documented series of interactions between the product and the potential purchaser, leading to a buying decision. Plaintiffs need to show, using classwide evidence, that the class proceeded through each stage and then experienced the alleged damages. Defendants, then, will want to show that plaintiffs are unable to meet their burden by showing that the advertising process dictates individualized proof. Defense strategy for each phase of the case should be designed to show these individualized inquiries.
Listen as the panel of class action defense counsel offers practical implications for litigating false advertising class actions and preventing certification.
Presented By
Ms. Abam's practice encompasses complex commercial, business and financial services litigation in both federal and state courts, as well as alternative dispute resolution and arbitration. She brings extensive experience representing a diverse range of clients, including major consumer-facing corporations, debt buyers and primary servicers. Ms. Abam navigates all stages of litigation and regulatory matters, including drafting and arguing motions, managing discovery projects of various scales, taking depositions and responding to civil investigative demands from government entities. Her experience also includes handling individual and class action litigation under the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA) and Fair Credit Reporting Act (FCRA). Her comprehensive approach also extends to managing external investigations and compliance inquiries.
Mr. Meuti is a seasoned trial and appellate litigator who helps businesses and individuals navigate high-stakes disputes with precision and purpose. His track record of delivering results is why Crain’s Cleveland Business named him a 2025 Notable Litigator. Mr. Meuti is Chair of Benesch’s Appellate Practice Group, and his work has national impact. Honed through trial and appellate clerkships and as the Simon Karas Fellow in the Ohio Solicitor General’s Office, Mr. Meuti's strategic vision secures precedent-setting victories that neutralize threats not only to his clients, but to entire industries.
Mr. Silverstein is a Senior Managing Associate at Benesch.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, February 5, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Reliance and causation elements in false advertising claims
II. Advertising causation funnel
III. Developing evidence of variations in consumer behavior at each state
IV. Recent cases
The panel will discuss these and other key issues:
- What is the difference between an ambiguous claim and a deceptive or misleading claim?
- What are the different standards for "false" advertising, and how do they affect the predominance requirement?
- How do defendants address the assumption that advertising is intended to operate broadly across vast numbers and not individually?
Related Courses
Avoiding Certification of False Advertising Classes: Building Defense Strategies Based on the Advertising Funnel
Thursday, February 5, 2026
1:00 p.m. ET./10:00 a.m. PT
