How Surveys Can Affirm Materiality In Consumer Cases

Law360 (August 27, 2019, 12:22 PM EDT) -- In litigation involving consumers, often some form of the following question figures prominently in the dispute: What do consumers think about [the at-issue claim]? While determining customers’ perceptions may be relevant when assessing liability, establishing materiality — demonstrating whether what customers think actually made a difference in their purchase decisions — can be crucial to determining impact, injury and commonality.

Beyond assessing how consumers perceive a certain claim, brand or statement, many consumer-related cases may need to go a step further and answer the question: Does consumer perception actually change consumer behavior? Properly designed consumer surveys can be a powerful tool to answer...

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