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Esteban Morales

Privacy Class Actions

  • Successfully represented a software and private cloud services provider in a TCPA class action brought in the Northern District of California. Secured a settlement agreement with no admission of wrong doing for a small fraction of the estimated potential liability.
  • Motion to dismiss granted with prejudice (no discovery) in a privacy class action suit filed against a major NBA franchise
  • Voluntary dismissal of TCPA class action (no discovery) following filing of two Motions to Dismiss challenging jurisdiction, Opposition to a Motion to Transfer and service of a Rule 11 Motion
  • Motion to dismiss granted in a privacy class action filed against an app developer claiming an app functioned as a tracking device
  • Motion to dismiss granted in privacy class action alleged against public transportation authority
  • Demurrer granted in California Invasion of Privacy Act class action against national retailer
  • Summary judgment granted in favor of global distributions systems provider in class action alleging TCPA violation
  • Voluntary dismissal of TCPA class action alleged against auto dealership network
  • Voluntary dismissal of privacy class action alleged against creditor
  • Voluntary dismissal of FACTA class action alleged against local service provider


  • Managed litigation (including numerous FINRA arbitrations) for four independent broker-dealers
  • Advised clients in connection with SEC and FINRA exams and inquiries
  • Represented a federal equity receiver pursuing claims against former officers, directors, and auditors associated with a Ponzi scheme

Other Litigation

  • Represented medical technology company in product liability litigation relating to EMS supplies and surgical tools
  • Second-chaired trial for declaratory relief involving assignment of a lease and prevailed on a motion for non-suit
  • Voluntary dismissal of arbitration claims against a creditor premised on violations of the TCPA, FDCPA, and Florida Consumer Collection Practices Act after successfully opposing the claimant’s bid for summary disposition
Case Study
Mintz helped a national clothing and accessories retailer secure an early dismissal of a Superior Court of California class action alleging violation of the California Invasion of Privacy Act. Mintz’s defense team succeeded in getting the case dismissed without any discovery.