Thomas Cunningham is Co-Chair of the Firm's Litigation Department, the leader of the Firm's Class Action practice group and Managing Partner of the Firm's West Palm Beach office. He focuses his practice on the representation of clients in consumer-related class action litigation in both state and federal courts. Tom frequently engages in litigation involving consumer fraud and cases based on a myriad of state and federal consumer protection statutes. He has tried dozens of cases and has argued on numerous occasions before the Illinois Appellate Court and United States Court of Appeals for the Seventh Circuit.
In October, 2016, Tom was selected as a Fellow of the Litigation Counsel of America (LCA). The LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, and superior ethical reputation.
Consumer Class Action Defense
A significant portion of Tom's practice is devoted to defending companies who deal with consumers in a variety of industries, including banking and financial services, retail, cosmetics, food and beverage, alarm service and home automation, and others.
Consumer Fraud Class Actions
Tom represents clients in class action litigation involving allegations that consumers have been misled or deceived by claims about a company’s products and services. He has substantial experience litigating class claims brought pursuant to state consumer protection statutes such as California’s Unfair Competition Law, California’s False Advertising Law and similar statutes.
Beer, Wine & Spirits Industry Litigation
Tom represents several companies in the beer, wine and spirits industry in class action cases involving claims that the companies have engaged in deceptive marketing by describing their products as "handmade" or "small batch." Tom also advises companies in the beer, wine and spirits industry in advance of litigation to help them craft their marketing messages in a way that minimizes the likelihood of a lawsuit. Tom regularly speaks and writes on topics related to the beer, wine and spirits industry and is the author of "Spirits Industry Under Fire: What You Need to Know About Class Action Litigation."
Consumer Finance Litigation
Tom regularly represents consumer lenders, loan servicers, trustees and others in class actions and individual cases brought pursuant to a variety of state and federal consumer protection statutes, including the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Equal Credit Opportunity Act (ECOA), various state consumer fraud acts, and other statutes. Mr. Cunningham has defended banks and financial institutions in numerous national class action cases in courts across the country.
Data Breach Litigation
Tom is well-versed in the myriad of state and federal laws that apply to data breaches. He has significant experience in leading teams in forensic examinations and the development of litigation plans to effectively deal with data breach litigation, both in the courtroom and in the court of public opinion.
TCPA Litigation
Tom represents some of the nation’s largest companies in responding to class action litigation pursuant to the Telephone Consumer Protection Act. He has obtained orders of dismissal in a number of TCPA cases and resolved others on a class-wide basis. He frequently publishes and speaks on topics related to the TCPA.
Securities & Shareholder Litigation
In recent years litigation involving MBS transactions has multiplied, and Tom has represented originators, issuers, trustees, servicers and others in a number of those cases. He has significant experience handling federal and state securities claims including the defense of actions brought by investors in securitized mortgage pools.
Tom has represented various parties to MBS transactions in class actions filed by the Federal Housing Finance Agency, Federal Home Loan Banks, the National Credit Union Association and institutional investors.
Investigations & Qui Tam Litigation
Tom advises the Firm's clients in connection with inquiries, investigations and civil investigative demands received from a broad range of federal and state regulators and attorneys' general, including the CFPB, HUD, OTS, DOJ, FTC, FRB, and many others. He also represents Firm clients in responding to both federal and state qui tam and False Claims Act complaints.
Professional Affiliations and Recognitions
- Named to The Best Lawyers in America for Commercial Litigation (2016-2019)
- Member, American Bar Association
- Fellow, Litigation Counsel of America