Kenneth M. Kliebard litigates commercial disputes, antitrust, and consumer protection class action cases in federal and state courts throughout the United States. Ken focuses on defending financial services companies, consumer service providers, retailers, and other consumer-facing businesses in their high-stakes legal matters.
Described by Legal 500 as having “an excellent reputation for defending clients in consumer finance cases,” Ken has successfully defended banks and other businesses in cases involving the Telephone Consumer Protection Act (TCPA), the Electronic Communications Privacy Act (ECPA), the Fair Credit Reporting Act (FCRA), the Truth in Lending Act (TILA), the Credit Repair Organizations Act (CROA), the Electronic Fund Transfer Act (EFTA), the Fair Debt Collection Practices Act (FDCPA), the Racketeer Influenced and Corrupt Organizations Act (RICO), the United States Bankruptcy Code, the Sherman Antitrust Act, California’s Business and Professions Code § 17200, state consumer protection and UDAP laws, and state privacy laws. He has won full dismissals, defeated class certification, obtained favorable summary judgment results, and won appeals in significant class action matters. In addition, Ken has considerable experience litigating the enforceability of consumer arbitration agreements, including associated issues relating to click-wrap and browse-wrap agreements.
Ken also represents clients in regulatory and compliance matters, including investigations and enforcement matters initiated by the Federal Trade Commission, the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, the Commodity Futures Trading Commission, and state Attorneys General.
Ken has appeared on major news outlets to discuss a range of legal issues. He has spoken to CNBC, the National Law Journal, The Recorder, and Law360, as well as various trade publications.
Member, Practice Group of the Year, Competition, Law360 (2017, 2021)
Recommended, Dispute resolution - Financial services - litigation, The Legal 500 US (2017, 2018, 2022, 2023)
Recommended, Dispute resolution - General commercial disputes, The Legal 500 US (2017)