When Conjoint Analysis Is Not Enough For A Damage Model

By Douglas McNamara (December 11, 2019, 5:15 PM EST) -- Since 2006, plaintiffs seeking to demonstrate classwide damages in consumer fraud actions have often used conjoint analysis.[1] But recently some conjoint-based damage models have faced judicial rejection.

According to these decisions, while conjoint surveys can provide a reliable average as to the impact on demand from a corrected disclosure, they cannot alone provide the fair market value of a good or service. While conjoint surveys can support damage models, proponents should take additional steps or include alternative models with class certification.

The Value of Conjoint Surveys 

Conjoint analysis involves a multifactorial survey that displays to participants a series of choice sets...

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