Cunningham, Thomas J.

Thomas J. Cunningham

Partner
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Tom Cunningham is the Office Managing Partner for the Firm’s Florida offices and the leader of the Firm's Class Actions Practice Group. He focuses his practice on the representation of clients in consumer-related class action litigation in both state and federal courts throughout the country. 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 a number of appellate courts.

Tom Cunningham is the Office Managing Partner for the Firm’s Florida offices and the leader of the Firm's Class Actions Practice Group. He focuses his practice on the representation of clients in consumer-related class action litigation in both state and federal courts throughout the country. 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 a number of appellate courts.

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.

Tom’s experience includes:

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.

Financial Services 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 following:

  • Truth in Lending Act (TILA)
  • Real Estate Settlement Procedures Act (RESPA)
  • Fair Credit Reporting Act (FCRA)
  • Fair Debt Collection Practices Act (FDCPA)
  • Equal Credit Opportunity Act (ECOA)
  • Various state consumer fraud acts

Tom has defended banks and financial institutions in numerous national class action cases in courts across the country.

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.

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CREDENTIALS
Education
  • J.D., DePaul University College of Law, 1993
  • B.S., Arizona State University, 1989
Bar Admissions
  • Illinois, 1993
  • California, 2009
  • Florida, 2016
  • Georgia, 2020
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Sixth Circuit, 2010
  • U.S. Court of Appeals for the Seventh Circuit, 1993
  • U.S. Court of Appeals for the Eighth Circuit, 2018
  • U.S. Court of Appeals for the Ninth Circuit, 2008
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Central District of California, 2009
  • U.S. District Court for the Eastern District of California, 2009
  • U.S. District Court for the Northern District of California, 2009
  • U.S. District Court for the Southern District of California, 2009
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida, 2009
  • U.S. District Court for the Central District of Illinois Trial Bar, 1996
  • U.S. District Court for the Central District of Illinois, 1996
  • U.S. District Court for the Northern District of Illinois, 1993
  • U.S. District Court for the Northern District of Illinois, Trial Bar, 1997
  • U.S. District Court for the Southern District of Illinois, 2003
  • U.S. District Court for the Northern District of Indiana, 2010
  • U.S. District Court for the Eastern District of Michigan, 2010
  • U.S. District Court for the Western District of Michigan, 2002
  • U.S. District Court for the Eastern District of Wisconsin, 2009
  • U.S. District Court for the Western District of Wisconsin, 2010
Professional Affiliations
    • Fellow, Litigation Counsel of America
Awards & Recognitions
    • Named, The Best Lawyers in America®, Commercial Litigation (2016-2021)