Eric A. Kafka is a partner in Cohen Milstein’s Consumer Protection practice. Eric represents plaintiffs in a wide range of consumer class actions, including privacy, false advertising, data breach, and product liability class actions.
Eric has particularly deep experience litigating class actions against large technology companies and privacy class actions. For example, in three class actions against Meta, he is addressing industry defining issues:
- LLE One v. Facebook (N.D. Cal.), consumers alleged that Facebook miscalculated and inflated video advertising metrics by as much as 150% to 900%. This high-profile false advertising class action settled for $40 million.
- DZ Reserve v. Meta Platforms (N.D. Cal.), a certified class action, consumers allege that Facebook’s “potential reach” metric is false and misleading.
- In re Meta Pixel Healthcare Litigation (N.D. Cal.), consumers are challenging Meta’s alleged collection of sensitive health data from health provider websites.
Eric was also recently appointed as sole lead counsel in In Prescott v. Reckitt Benckiser LLC (N.D. Cal.), a certified false advertising class action, which settled for more than $3 million.
Eric is widely respected in the plaintiffs’ bar for his leadership role with experts, addressing consumer class certification, economic damages, computer source code, and chemistry. For his work, Eric has been recognized by Law360 and The National Law Journal as a 2024 rising star.
Eric also serves as Vice Chair of the American Association for Justice’s Class Section.
Prior to attending law school, Eric worked on multiple political campaigns, including President Obama’s 2008 presidential campaign. At Columbia Law School, he was a Harlan Fiske Stone Scholar.
Law360 Editorial Advisory Board – Consumer Protection (2024)
- Missouri
- New York
- Columbia Law School, J.D., 2014
- Yale University, B.A., 2008
Current Cases
TikTok Child Privacy Litigation
Villanueva, et al. v. Bytedance Inc., et al. (C.D. Cal.): Cohen Milstein is representing parents of children, who are minors, in a putative consumer protection class action who claim that TikTok collects and uses their young children’s personal information without providing direct notice to parents or gaining parents’ verifiable consent in violation of the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and the COPPA Rule.
Siemens’ Arc Fault Circuit Interrupters (AFCI) Litigation
Kevin Brnich Electric LLC, et al. v. Siemens Industry, Inc. (N.D. Ga.): Cohen Milstein is Co-Lead Counsel in this false advertising and product defect consumer protection class action, alleging that Siemens’ AFCI circuit breakers are defective and Siemens misrepresents and omits information about the quality of its AFCIs.
DZ Reserve et al. v. Meta Platforms
DZ Reserve et al. v. Meta Platforms (N.D. Cal.): Cohen Milstein represents advertisers who claim that Facebook’s Potential Reach metric is false and misleading due to systemic inflation of the Potential Reach. The court granted class certification on March 29, 2022. On March 21, 2024, the United States Court of Appeals for the Ninth Circuit affirmed the lower court's class certification ruling for the damages class.
In re Meta Pixel Healthcare Litigation
In re Meta Pixel Healthcare Litigation (N.D. Cal.): Cohen Milstein is Interim Co-Lead Class Counsel in this putative class action, in which consumers claim that Meta’s proprietary Meta Pixel tool intercepts and transmits protected patient health information to Facebook for advertising purposes in violation of state and federal consumer protection laws, including invasion of privacy, CDAFA, and ECPA.
Past Cases
Prescott, et al. v. Reckitt Benckiser LLC
Prescott, et al. v. Reckitt Benckiser LLC (N.D. Cal.): Cohen Milstein served as sole Lead Counsel in this certified false advertising class action, alleging that Woolite laundry detergent “Color Renew” and “revives colors” representation is false and misleading because Woolite does not renew or revive color in clothing. On March 28, 2024, the court granted final approval of a $3.27 million settlement.
LLE One, LLC v. Facebook
LLE One, LLC v. Facebook (N.D. Cal.): Cohen Milstein served as co-lead counsel representing a class of advertising purchasers who claimed that Facebook breached its implied duty to perform with reasonable care and violated California’s Unfair Competition Law by intentionally miscalculating and inflating metrics related to its video advertisement services. If not for these miscalculations, plaintiffs claim, they would not have purchased more video advertisements and at a higher price than they otherwise would have paid. In June 2020, the Court granted final approval of a $40 million settlement against Facebook.
Ariza v. Luxottica Retail North America (LensCrafters)
Ariza v. Luxottica Retail North America (LensCrafters) (E.D.N.Y.): On September 27, 2024, the court granted final approval of a $39 million settlement in this certified class action. Purchasers of LensCrafters’ Accufit Digital Measurement System (Accufit) services alleged that LensCrafters used false, misleading advertising, and deceptive sales practices about Accufit being “five times more accurate” in measuring pupillary distance than traditional methods to induce customers to purchase LensCrafter’s higher-priced prescription lens products. Cohen Milstein was Lead Counsel.
Anthem Data Breach Litigation
In re Anthem Data Breach Litigation (N.D. Cal.): Cohen Milstein was co-lead counsel in a certified class action involving the 2015 cyberattack and massive data breach of Anthem, Inc., one of the nation’s largest for-profit managed health care companies, which resulted in the theft of personal identification and health information of 78.8 million insureds. On August 16, 2018, the Court granted final approval to a $115 million settlement in this class action – the largest data breach settlement in U.S. history.
Herrera et al v. JFK Medical Center Limited Partnership and HCA, Inc.
Herrera v. JFK Medical Center and HCA, Inc. (M.D. Fla.): Cohen Milstein was lead counsel in a class action lawsuit alleging that four Florida plaintiffs and others like them were billed inflated and exorbitant fees for emergency radiology services, in excess of the amount allowed by law, covered in part by their mandatory Florida Personal Injury Protection insurance. When the district court struck plaintiffs’ class claims, Ms. Martin successfully petitioned the Eleventh Circuit Court of Appeals to accept immediate appellate review and obtained a reversal of the district court’s order. Cohen Milstein resolved the case and secured final approval of a $220 million injunctive relief settlement.
- Law360 Rising Stars (2024)
- The National Law Journal, Elite Trial Lawyers Rising Stars Award (2024)
- Best Lawyers: Ones to Watch, Class Actions (2023 – 2025)
- Super Lawyers Rising Star (2021-2022)
August 8, 2024
9th Circ. Won’t Rethink OK’ing Ad Class Cert. Against Meta
The Ninth Circuit refused Thursday to rethink a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook’s “potential reach” tool, rejecting Meta Platforms Inc.’s warnings of unchecked fraud class actions. According to the one-page order, U.S. Circuit Judges J. Clifford Wallace and Sidney R. […]
In the News | Law360
July 19, 2024
Rising Star: Cohen Milstein’s Eric A. Kafka
Eric Kafka of Cohen Milstein Sellers & Toll PLLC has secured major client wins in high-dollar consumer protection cases, including a recent $40 million settlement for advertising purchasers in a case over Facebook's alleged inflation of advertising performance metrics, earning him a spot among the class action law practitioners under age 40 honored by Law360 as Rising Stars.
In the News | Law360
March 22, 2024
9th Circ. Partially Backs Meta Class Cert. In Ad Reach Row
A split Ninth Circuit panel on Thursday affirmed certification of a damages class of Meta Platforms advertisers who were allegedly deceived about Facebook’s “potential reach” tool, but upended certification of an injunction class, telling the district court to take a fresh look at whether the lead plaintiff actually has standing. The panel majority, in a […]
In the News | Law360
March 22, 2024
Ninth Circuit Affirms Class Certification Against Meta Platforms
Consumer class action addresses Meta Platforms fraudulently misleading advertisers with inflated metrics about “potential reach.” WASHINGTON, DC– The United States Court of Appeals for the Ninth Circuit affirmed a district court’s 2022 order certifying a class of advertisers who paid Meta Platforms, Inc. (Meta) to place advertisements on its social media platforms (the damages class). […]
Press Releases | Cohen Milstein
March 20, 2024
Five Cohen Milstein Attorneys Selected for Law360 Editorial Advisory Boards
Five of Cohen Milstein’s attorneys have been appointed to serve on Law360 editorial advisory boards for its Benefits, Competition, Consumer Protection, Discrimination, and Wage & Hour sections. The editorial advisory boards provide feedback on Law360’s coverage and expert insight on how best to shape future coverage.
In the News | Law360
January 30, 2024
Meta Must Keep Battling Trimmed Health Tracking Privacy Suit
A California federal judge on Monday refused to throw out a trimmed version of a lawsuit claiming that Meta Platforms Inc. illegally collected patients’ health information using a Facebook data tracking tool, ruling that their latest complaint has addressed some of his prior concerns. U.S. District Judge William H. Orrick denied Meta’s motion to dismiss […]
In the News | Law360
June 9, 2023
Woolite Buyers Ink $3.3M False Ad Deal Over Color Claims
Reckitt Benckiser customers who accused the company of falsely marketing and labeling its Woolite brand laundry detergent with the phrases “color renew” or “revives colors” have asked a California federal judge to give her preliminary blessing to a $3.27 million nonreversionary settlement reached to resolve claims in the class action. In a motion filed Thursday, […]
In the News | Law360
February 6, 2023
Plaintiffs Bar Partner Promotions Highlight Rising Caseload, Commitment to Firm Culture
Plaintiffs firms are off to a dynamic start into 2023 with diverse partner classes and a strong commitment to antitrust, MDL and health care litigation. U.S. plaintiffs firms are kicking off the year with a strong round of partner promotions tied to growing caseload and a commitment to firm culture that emphasizes in-house elevation over […]
In the News | The National Law Journal
January 10, 2023
Cohen Milstein Announces New Partners: Christopher J. Bateman, Molly J. Bowen, Brian Corman, Alison Deich, and Eric A. Kafka
FOR IMMEDIATE RELEASE Media Contact: cohenmilstein@berlinrosen.com WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ law firms, has named Christopher J. Bateman, Molly J. Bowen, Brian Corman, Alison Deich, and Eric A. Kafka as the firm’s newest partners, effective January 1, 2023. Christopher J. Bateman, a member of the […]
Press Releases | Cohen Milstein
January 2, 2023
Privacy Litigation To Watch In 2023
The recent explosion of litigation accusing a wide range of companies of violating wiretap and video privacy laws through the technology they deploy on their websites will continue to proliferate in 2023, joining robocall and biometric privacy disputes that have long plagued businesses and also show no signs of abating. Here, Law360 looks at the […]
In the News | Law360
August 1, 2022
Reckitt Must Face Class Action Over Woolite ‘Color Renew’ Claims
Consumers accusing Reckitt Benckiser Group Plc of falsely claiming that its Woolite laundry detergent can “renew” or “revive” colors can bring their claims as a class action, a federal judge has ruled. U.S. District Judge Beth Labson Freeman in San Jose, California ruled Friday that the thousands of consumers’ claims involved the same legal issues, rejecting the […]
In the News | Reuters
May 5, 2022
Federal Judge Rules Marriott Data Breach Class Action May Proceed
Consumers might be able to recover damages for the inherent value of their personal information stolen during the breach based upon Marriott’s own valuation of that same data. A federal judge in Maryland has granted class certification in a data breach impacting over 133 million American consumers against hotel chain Marriott and its data security […]
In the News | Hospitality Technology
May 5, 2022
Federal Judge Rules Massive Marriott Data Breach Class Action May Proceed
Claims about company’s lax data security, which led to breach that impacted over 133 million guest records, moving forward on behalf of nearly 45 million consumers as a certified class GREENBELT, Md.– A federal judge in Maryland has granted class certification in a data breach impacting over 133 million American consumers against hotel chain […]
Press Releases
May 4, 2022
8 Classes of Marriott Guests Certified in Data Breach MDL
A Maryland federal judge certified eight classes of Marriott International Inc. guests in multidistrict litigation over a major data breach that compromised the personal information of more than 100 million guests at its Starwood-branded hotels, although some other classes were denied certification. U.S. District Judge Paul W. Grimm granted certification on Tuesday to eight of 13 potential guest […]
In the News | Law360
May 4, 2022
Marriott Guests Get Partial Class Certification in Breach Suit
Some Marriott International Inc. guests were granted class status by a Maryland federal judge in litigation over a major data breach that compromised the personal information of 133.7 million guests at its Starwood-branded hotels, while others classes were denied certification. Plaintiffs filed a would-be class action alleging that Marriott took more than four years to […]
In the News | Bloomberg Law
March 29, 2022
Meta’s Barrage of Arguments Can’t Stop Ad Reach Class Cert.
A California federal judge certified a class of Facebook advertisers that claim they were deceived about the company’s “potential reach” tool, ruling that parent company Meta Platforms inc. made an unfocused “blunderbuss of objections” to certification that did not hold up to scrutiny. Tuesday’s order from U.S. District Judge James Donato certified a class of […]
In the News | Law360
December 13, 2021
Court Certifies Class Action Lawsuit Against Lenscrafters for False Advertising, Overcharging Customers
FOR IMMEDIATE RELEASE Lawsuit Alleges LensCrafters Misrepresented to Customers the Superiority of Its AccuFit System NEW YORK, NY – The Eastern District of New York District Court today certified a class action lawsuit against Luxottica Retail North America, also known as LensCrafters, that alleges the company misrepresented to customers the supposed superiority of its AccuFit […]
In the News
April 26, 2021
Facebook Advertising Chief Worried About Whether It Overstated Reach
Carolyn Everson’s emails in long-running lawsuit say social network should ‘prepare for worst’ Carolyn Everson, one of Facebook’s most senior advertising executives, said the company had to “prepare for the worst” over claims that it overstated the reach of its advertisements, according to newly released court filings. The world’s largest social network has been fighting […]
In the News | Financial Times
April 26, 2021
Facebook Advertisers Seek Cert. in Inflated Ad Reach Suit
Facebook advertisers asked a California federal judge Friday to certify their proposed class claims that the company bolsters its advertising revenue by inflating the potential estimated reach of ads on the platform. The case is ripe for class treatment because it alleges classwide fraud perpetrated by Facebook with its misleading data for how many people […]
In the News | Law360
February 18, 2021
Facebook Reported Revenue It ‘Should Have Never Made’, Manager Claimed
Lawsuit cites product executive’s qualms over figures provided to advertisers A Facebook employee warned that the company reported revenues it “should have never made” by overstating how many users advertisers could reach, according to internal emails revealed in a newly unsealed court filing. The world’s largest social media company has since 2018 been fighting a […]
In the News | Financial Times
March 24, 2020
Facebook Knew Audience Metric Was Bogus for Years, Amended Lawsuit Claims
New information has emerged in a class action lawsuit against the social media giant. Advertisers who turned to Facebook for the massive reach of its platform have been bamboozled by a faulty metric that executives have known about for years, according to an amended complaint filed last week in a lawsuit originally filed in 2018. […]
In the News | The Motley Fool
March 20, 2020
Facebook Accused in Amended Lawsuit of Knowing Ad Audiences Were Inflated
Social-media giant says estimates weren’t guarantees, didn’t harm customers; court filing includes employee worrying about possible lawsuit in email Facebook Inc. employees were aware that the company was overestimating how many people advertisers could reach, according to an amended complaint filed this week in a nearly two-year-old lawsuit accusing the company of misrepresenting that data. […]
In the News | The Wall Street Journal
March 20, 2020
Facebook Executives Allegedly ‘Knew for Years’ About Misleading Metric
New court documents claim company was aware key ad metric was exaggerating marketing reach. Facebook executives allegedly “knew for years” that a key advertising metric was exaggerating how many users might see commercials on its site, but have failed to disclose or fix the problem, according to filings from a class-action lawsuit against the company. New court […]
In the News | Financial Times
January 10, 2019
Data Breach Lawsuit Filed Against Marriott in Md. Federal Court
A group of class-action law firms Thursday filed the largest-to-date lawsuit over Marriott International Inc.’s recent admission that millions of customers’ private data was accessed by hackers. The complaint, filed in U.S. District Court in Greenbelt, includes 176 plaintiffs from all 50 states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands, according to a […]
In the News | The Daily Record
January 10, 2019
Data Breach Class Action Powerhouses Team Up to File First, Fifty-State Lawsuit Against Marriott in Wake of Disastrous Data Breach
National class action law firms DiCello Levitt; Hausfeld; Cohen Milstein Sellers & Toll; Cohen & Gresser; and Kramon & Graham have teamed up to file the nation’s largest class action complaint against Marriott (NASDAQ: MAR) following a massive, long-running data breach at the company. With 176 Plaintiffs from all fifty states, the District of Columbia, […]
In the News | Associated Press
December 3, 2018
With Plenty of Plaintiffs, Lawyers Flood the Courts Over Marriott’s Massive Breach
Cohen Milstein Among First Firms to File Action in Response to the Marriott Data Breach. Lawyers have moved to coordinate suits into multidistrict litigation and questioned an arbitration clause in Marriott’s free internet monitoring program offered to its customers. Lawyers rushed to bring about a dozen class actions over Marriott’s data breach—and with about 500 […]
In the News | The National Law Journal
October 16, 2018
Advertisers Allege Facebook Failed to Disclose Key Metric Error for More Than a Year
Facebook knew of problems with how it measured viewership of video ads for more than a year before it revealed them in 2016, according to a complaint filed by advertisers. Advertisers allege that Facebook knew for more than a year about problems measuring viewership of video ads before disclosing the issue. Facebook Inc. knew of […]
In the News | The Wall Street Journal