Bursor & Fisher, P.A. is a plaintiffs’ firm whose class actions concentrate in consumer fraud, data privacy, false advertising, telecommunications, and, more recently, mass torts. The firm’s results include a $267 million Telephone Consumer Protection Act verdict against a debt collector, a $100 million biometric privacy settlement with Google, and a long list of food, supplement, and product mislabeling recoveries.1Bursor & Fisher, P.A. About the Firm It works on contingency and says it has represented more than 160 million people in legal actions since 2008.
The Firm at a Glance
Scott A. Bursor and L. Timothy Fisher founded the firm, which operates out of offices in Florida, New York, and California. Bursor serves as president; Fisher manages the California office. The two have tried five class action jury trials together.2Bursor & Fisher, P.A. L. Timothy Fisher The firm employs 33 lawyers, including 10 partners, according to recent listings.3U.S. News & World Report. Bursor and Fisher PA
The $267 Million Robocall Verdict
The firm’s largest trial result came in Perez v. Rash Curtis & Associates, a TCPA class action in the Northern District of California. In May 2019, after a one-week trial before Judge Yvonne Gonzalez Rogers, a jury found the debt-collection agency liable for 534,698 unauthorized robocalls to cell phones made without prior consent. Judgment was entered on September 9, 2019, for $267,349,000, calculated at $500 per illegal call.4Bursor & Fisher, P.A. Rash Curtis Lawsuit FAQ
Rash Curtis moved to alter, reduce, or vacate the judgment. The court denied each motion. With bankruptcy on the table, the defendant assigned its bad-faith insurance claim against Indian Harbor Insurance Company to lead plaintiff Ignacio Perez in October 2019 in exchange for a covenant not to execute the judgment directly. Perez then sued Indian Harbor and settled that action for $75,600,000.4Bursor & Fisher, P.A. Rash Curtis Lawsuit FAQ
Judge Rogers approved the distribution plan on October 1, 2021. After a $25,000 incentive award to Perez, $556,525.80 in litigation expenses, and $27,972,000 in attorneys’ fees (37% of the fund), $46,421,474.20 was distributed pro rata to 61,705 class members. The minimum was $86.82 per call. Average recovery exceeded $700 per class member, more than 12,000 class members qualified for payments above $1,000, and some individual awards ran from $5,000 to $40,000.5Bursor & Fisher, P.A. Rash Curtis Lawsuit
Data Privacy Cases
Data privacy is one of the firm’s most active areas, and its approach leans on technical evidence: network traffic captures, tag inspections, and log analysis to show that companies transmitted user data to third parties without consent.6Bursor & Fisher, P.A. Data Privacy
Illinois Biometric Information Privacy Act
In Rivera v. Google LLC, the firm alleged Google collected and stored Illinois residents’ biometric data through Google Photos’ facial recognition features without proper consent. On September 28, 2022, Judge Anna M. Loftus of the Circuit Court of Cook County granted final approval to a $100 million settlement.7Bursor & Fisher, P.A. $100 Million Google Photos Settlement Approved The class covered Illinois residents who appeared in a Google Photos image between May 1, 2015, and April 25, 2022, with estimated per-claimant payments of $200 to $400 depending on claim volume.8Top Class Actions. Google Photos Face Recognition Privacy $100M Class Action Settlement The firm has also brought a BIPA class action against ExamSoft on behalf of Illinois students who alleged the exam-proctoring software collected and stored biometric data without the statute’s consent requirements.9Bursor & Fisher, P.A. Results
Video Privacy Protection Act
In Jancik v. WebMD LLC, Judge Thomas W. Thrash Jr. of the Northern District of Georgia certified a class of WebMD subscribers on February 20, 2025, in what has been described as the first contested class certification under the federal VPPA. The court found the class ascertainable because Facebook’s records could match data gathered through the Facebook Pixel on WebMD’s site to individual user accounts.10Bloomberg Law. WebMD Subscriber Wins Class Treatment for Video Privacy Lawsuit
In Fan v. NBA Properties, Inc., the firm negotiated a $7.05 million settlement for users of NBA Top Shot. The complaint alleged the defendants used the Meta Tracking Pixel on the Top Shot website to share personally identifiable information with Facebook without consent. The defendants also agreed to suspend the pixel’s operation. A final approval hearing was set for December 19, 2025.11Top Class Actions. $7.05M NBA Top Shot Privacy Class Action Settlement A related published decision, Berryman v. Reading International, Inc. (S.D.N.Y. 2025), has been described as the first ruling denying a motion to dismiss a VPPA claim based on movie-trailer streaming and third-party data sharing.12Bursor & Fisher, P.A. Stefan Bogdanovich
Subscriber Privacy and Tracker Cases
In 2018, the firm obtained a $50 million settlement against Hearst Communications after winning summary judgment on claims that the publisher disclosed magazine subscribers’ personal information to third-party marketing companies. It has litigated similar subscriber-privacy class actions against Condé Nast, Consumer Reports, Trusted Media Brands, and American Media under Michigan state law.9Bursor & Fisher, P.A. Results A $1.2 million California Invasion of Privacy Act settlement is pending in Shah v. Fandom, Inc., which alleges the GameSpot website installed third-party trackers on visitors’ browsers without consent. Final approval was scheduled for May 19, 2026.13Top Class Actions. $1.2M GameSpot Privacy Class Action Settlement
False Advertising and Product Mislabeling
A large share of the firm’s docket involves claims that packaging or marketing misled consumers into overpaying. Published settlements include:
- Blue Buffalo pet food, $32 million in 2016, over claims the products contained poultry by-product meals, corn, wheat, soy, and artificial preservatives despite advertising to the contrary.
- Scotts EZ Seed, $47 million in 2019, over marketing claims that the grass seed grew “50% thicker with half the water.”
- Zicam, $16 million in 2019, over claims that the pre-cold medicine was deceptively marketed as capable of preventing and shortening colds.
- StarKist Tuna, $12 million in 2019, over allegations that 5-ounce cans were systematically under-filled.
- Premier Protein, $9 million in 2019, over shakes advertised as containing 30 grams of protein that allegedly contained no more than 28 grams.
- LG Energy Star refrigerators, $23 million in 2011, over allegations that LG disabled components during testing to obtain Energy Star ratings.9Bursor & Fisher, P.A. Results
An earlier trial win, Thomas v. Global Vision Products, produced a $50 million jury award in 2009 against Avacor, which marketed a hair-regrowth system as “clinically proven,” “all natural,” and 90% effective.2Bursor & Fisher, P.A. L. Timothy Fisher More recently, in March 2025, Judge Kenneth M. Karas of the Southern District of New York certified a class in Newman v. Bayer Corporation, which alleges Bayer misrepresented serving sizes on One A Day gummy vitamins. The Second Circuit denied Bayer’s petition for review on July 30, 2025.14U.S. Chamber of Commerce. Newman v. Bayer Corp
Ticket Fee Cases Under New York’s Arts and Cultural Affairs Law
The firm has brought a run of class actions under New York Arts and Cultural Affairs Law § 25.07(4), which requires entertainment venues to disclose all fees at the point of initial price display. In Awad v. AMC Entertainment Holdings, Inc., the firm alleged AMC failed to disclose a $2.19 convenience fee on online movie ticket purchases in New York. The settlement, approved in November 2024, offered class members a choice between a $7.00 cash payment or a free one-year enrollment in AMC’s Stubs Premiere program, and AMC agreed to modify its online purchase flow.15Top Class Actions. AMC Ticket Fee Class Action Settlement
In 2025 the firm reached a $7.075 million settlement in Presson v. Alamo Intermediate II Holdings and a $2.5 million settlement in Jones v. Regal Cinemas, Inc., both in the Southern District of New York. A New York state court granted class certification in April 2025 in Cammayo v. Museum of Ice Cream on similar ticket-pricing disclosure claims.12Bursor & Fisher, P.A. Stefan Bogdanovich
Telecommunications
The firm’s TCPA practice extends beyond Rash Curtis. In litigation against Sprint, a $299 million trial verdict was upheld by both the California Supreme Court and the U.S. Supreme Court, and a separate $79 million Sprint settlement was approved in December 2016. Both involved allegations of illegal fees.16Bursor & Fisher, P.A. Bursor and Fisher Home
Mass Torts
Bursor & Fisher has expanded from class actions into mass torts in recent years.
Phenylephrine Decongestants
In April 2024, Judge Brian Cogan of the Eastern District of New York appointed the firm’s Sarah N. Westcot to the Plaintiffs’ Steering Committee in In re Oral Phenylephrine Marketing and Sales Practices Litigation (MDL No. 3089). The consolidated cases allege manufacturers and retailers sold over-the-counter nasal decongestants containing phenylephrine despite evidence the ingredient works no better than a placebo. An FDA advisory committee voted 16-0 in September 2023 that oral phenylephrine is not effective. Plaintiffs allege more than $12 billion in sales during the class period, including roughly $1.8 billion in 2022 alone, and target more than 250 products including Sudafed PE, Mucinex Sinus Max, NyQuil Severe, and store-brand equivalents.17Classaction.org. Oral Phenylephrine Marketing and Sale Practices Litigation
GLP-1 Weight-Loss and Diabetes Drugs
The firm is pursuing litigation against Novo Nordisk and Eli Lilly over GLP-1 receptor agonist medications including Ozempic, Wegovy, and Mounjaro. The claims allege the manufacturers failed to warn adequately about severe gastrointestinal complications, including gastroparesis (stomach paralysis), intestinal obstruction, and pancreatitis.18Bursor & Fisher, P.A. GLP-1 Lawsuit
Camp Lejeune
The firm has represented more than 3,000 military veterans and family members in Camp Lejeune water contamination claims brought under the Camp Lejeune Justice Act, signed into law in August 2022.19GLP Lawsuit. GLP Lawsuit Home