Protecting Your Company from a New Wave of Consumer Class Actions Under California’s “Yelp Law”

Caren Decter, Partner | Frankfurt Kurnit Klein & Selz PC

Caren Decter is a Partner and Co-Chair of the Litigation Group at Frankfurt Kurnit Klein & Selz, where she brings nearly two decades of experience representing clients in the advertising, art, consumer goods, and media and entertainment industries. Her practice spans intellectual property and complex contractual disputes, consumer class actions, white collar criminal matters, and emerging issues in data privacy and digital accessibility. Known for managing high-stakes litigation aggressively and efficiently, Caren is equally distinguished by her responsiveness and her talent for crafting creative, business-minded solutions that resolve disputes before they escalate into prolonged litigation.

• Education & Credentials

Caren earned her J.D. from the University of California, Berkeley School of Law, where she served as Articles Editor of the California Law Review. She received her B.A. summa cum laude from Washington University in St. Louis. She is admitted to practice in New York and New Jersey, as well as before the U.S. District Courts for the Southern and Eastern Districts of New York and the District of New Jersey, the U.S. Court of Appeals for the Second Circuit, and the Supreme Court of the United States.

• Recognition & Leadership

Caren is consistently recognized among the nation’s leading litigators. Her honors include selection to Best Lawyers in America (2024–2026), The Legal 500 (2024), and Super Lawyers New York Metro as a “Super Lawyer” (2021–2025) and previously as a “Rising Star” (2015–2017). She was also named to Benchmark Litigation’s 40 & Under Hot List in both 2019 and 2021. In recognition of her pro bono work, the Anti-Defamation League honored Caren and her colleagues with the Edward Brodsky Founders Award for their amicus brief opposing the Trump administration’s travel ban. As Co-Chair of the firm’s Litigation Group, she plays a central role in shaping strategy and mentoring attorneys across the practice.

• Professional Involvement

Caren serves on the Board of Directors of the New York County Lawyers Association Foundation. She is also a member of the Consumer Litigation Committee of the American Bar Association and serves on the Copyright & Literary Property and Entertainment Law Committees of the New York City Bar Association. A frequent speaker and thought leader, Caren regularly presents at industry conferences and CLE programs on topics including state privacy law enforcement, the Video Privacy Protection Act (VPPA), the California Invasion of Privacy Act (CIPA), website accessibility, copyright developments following Andy Warhol Foundation v. Goldsmith, and arbitration of consumer disputes. Her recent platforms include the IAB State Privacy Law Summit, DOC NYC, the Frankfurt Kurnit Tech Law Summit, and webinars hosted by myLawCLE and TechGC. She has authored articles for Law360, the New York Law Journal, and the American Bar Association.

• Experience

Caren defends companies in some of today’s most active and consequential areas of litigation, including consumer class actions and mass arbitrations under federal and state consumer protection, unfair competition, and false advertising statutes, as well as claims under CIPA, the VPPA, the Telephone Consumer Protection Act (TCPA), and the Americans with Disabilities Act (ADA). She has secured notable victories including compelling arbitration of a VPPA class action against a sports streaming platform; obtaining dismissal of a $30 million art fraud complaint on summary judgment; defeating copyright claims against a leading online clearinghouse of stock 3D models; and securing dismissal on copyright preemption grounds of a competitor’s anti-reverse-engineering contract claim. She negotiated the settlement of one of the first public enforcement actions under the California Consumer Privacy Act (CCPA) and routinely advises clients responding to CCPA Notice of Violation letters from the California Attorney General. Her broader practice has included representing a leading educational publisher in trademark and contract litigation against Vanderbilt University, a museum in a World War II restitution case, and an advertising agency in a criminal antitrust investigation. Caren also drafted a U.S. Supreme Court amicus brief in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith on behalf of documentary filmmakers. Prior to joining Frankfurt Kurnit, Caren was an attorney at Willkie Farr & Gallagher LLP, representing clients in complex commercial litigation. She began her career as a law clerk to the Honorable Colleen McMahon of the U.S. District Court for the Southern District of New York.

SESSION 1 – Background and Origins of the Yelp Law | 1:00pm – 1:15pm

California’s Yelp Law emerged from documented consumer abuses where businesses used non-disparagement clauses to silence honest reviews. This session examines the statute’s legislative history, public policy rationale, and its place within broader consumer protection trends in California and nationwide.

SESSION 2 – From Shield to Sword: How Plaintiffs’ Attorneys Weaponized the Yelp Law | 1:15pm – 1:30pm

Originally a consumer shield, the Yelp Law has become a plaintiffs’ bar weapon. This session explores the litigation playbook, common fact patterns, key cases, and how attorneys leverage class action and mass arbitration threats against businesses.

SESSION 3 – Key Defenses and Litigation Strategies | 1:30pm – 1:45pm

This session examines critical defenses against Yelp Law claims, including arguments that no private right of action exists absent enforcement, distinctions between non-disparagement clauses and intellectual property protections, and the statute’s scope regarding consumer contracts.

SESSION 4 – How Can Companies Protect Themselves? | 1:45pm – 2:00pm

This session provides practical guidance for companies seeking to mitigate Yelp Law exposure, covering how to audit existing online terms and agreements, plus drafting strategies and best practices designed to avoid liability and litigation risk.