John G. Papianou is chair of the Consumer Financial Services Practice Group and a member of the firm’s Management Committee. He concentrates his practice in complex civil litigation, with particular emphasis on consumer class actions involving claims under federal and state consumer protection statutes. He has counseled and represented numerous clients in class actions across the country, including Microsoft, Tommy Hilfiger, Verifone, PVH Corp., Fitness International, LLC, and Walmart.
John has extensive experience briefing significant and novel class action issues at the trial and appellate levels. He obtained a favorable decision from the United States Court of Appeals for the Third Circuit that is now frequently cited by courts and defendants in cases brought under the Fair Credit Reporting Act. He also recently obtained a notable ruling from a federal district court in which it shifted to plaintiffs the cost to comply with class certification discovery.
In addition to his class action experience, John has substantial experience defending consumer reporting agencies against claims brought under the Fair Credit Reporting Act (“FCRA”). As counsel to some of the largest consumer reporting agencies in the country, he has handled hundreds of FCRA matters and successfully resolved them all.
He also serves as an editor of the firm's Ahead of the Class blog, which focuses on issues related to class action defense, addressing current cases and decisions, trends, and strategies associated with class action law.
John received his J.D. from the University of Pennsylvania School of Law in 2001. He graduated from Long Island University, summa cum laude, with a B.A. in 1996.
Government Liability and Civil Rights Defense
Consumer Financial Services
- MFW Wine v. Pennsylvania Liquor Control Board – Obtained a declaratory relief and the issuance of a writ of mandamus against the Pennsylvania Liquor Control Board in the first virtual, live-streamed evidentiary proceeding in Pennsylvania.
- Titeflex Corporation – Represents manufacturer of tubing in putative class actions brought in several states. Has obtained orders granting motions to dismiss in all cases, including a First Circuit affirmance.
- Shiyan v. Lucille Roberts Health Clubs, Inc. – Represented Lucille Roberts in putative class action brought under the Telephone Consumer Protection Act (TCPA). Favorably settled case on individual basis after Lucille Roberts moved for summary judgment.
- Addison Automatics, Inc. v. The RTC Group, et al. – Represented Microsoft in putative class action brought under the Telephone Consumer Protection Act (TCPA). Favorably settled case on individual basis.
- Fortune 100 Retailer – Represented international Fortune 100 retailer in putative class action asserting claims under New Jersey’s Consumer Fraud Act. Obtained published decision from the Third Circuit vacating order of the United States District Court for the District of New Jersey granting a motion for class certification. Following the Third Circuit’s Order, the client moved for summary judgment, which the court granted.
- Boeynaems v. LA Fitness, International, LLC – Represented LA Fitness International, LLC in putative nationwide class involving claims under the Florida Deceptive and Unfair Trade Practices Act and the Washington Consumer Protection Act. Received favorable ruling shifting costs associated with class certification discovery to plaintiffs. 285 F.R.D. 331 (E.D. Pa. 2012).
- Blackthorn Partners, L.P. v. John C. Malone – Represented Blackthorn Partners in shareholder class action against John Malone and others arising out of the merger of Liberty Entertainment, Inc. and DirecTV. Settled case on favorable terms for client.
- Fleisher v. Fiber Composites, LLC – Represents manufacturer of outdoor decking in putative nationwide products liability class action alleging defects in decking and asserting claims under various state consumer protection statutes. Case is ongoing.
- Long v. Tommy Hilfiger USA, Inc. – Represented Tommy Hilfiger USA, Inc. in putative nationwide class involving claims brought under the Fair Credit Reporting Act. District court granted Hilfiger’s motion to dismiss and the Third Circuit affirmed. 671 F.3d 371 (3d Cir. 2012).
- In re Xbox 360 Scratched Disc Litigation – Represented Microsoft in putative nationwide products liability class action alleging defects in the Xbox 360 console. Court denied class certification in October 2009, and the Ninth Circuit denied review on Jan. 21, 2010. In re Xbox 360 Scratched Disc Litig., 2009 WL 481325 (W.D. Wash. 2009). Case settled on favorable terms on individual basis. (W.D. Wash. 2010).
- Speaker, “FCRA Jeopardy Tournament,” PBSA Annual Conference, September 2023
- Speaker, “Think Your 99% Accuracy Rating Is Good Enough? Think Again. How You Can Do Better,” 2023 Mid-Year Legislative & Regulatory Conference, April 2023
- Speaker, “How To Kickstart Your Compliance Department And Minimize Your Risk,” PBSA, September 2022
- Panelist, “Working Remote: How Technology is Impacting Practice in the New Normal,” Webinar, April 2020
- Speaker, “Is Sharing Caring? How and When to Share Consumer Reports and Other Fun FCRA Facts,” 2019 National Association of Professional Background Screeners Annual Conference, September 2019
- Speaker, “I’ve Been Sued! Now what? How to Improve Your Chances of Success and Keep Costs Under Control,” 2017 National Association of Background Screeners Annual Conference, September 2017
- Panelist, “eDiscovery Cost-Shifting & Taxation of Costs,” CDS seminar, July 2014
- Mentioned, “Thirteen Montgomery McCracken Attorneys Selected to the 2023 Pennsylvania Super Lawyers and Rising Stars Lists,” May 2023
- Quoted, “Customers’ FACTA Claims Against Home Decor Store Lack ‘Sufficient Degree of Risk,’ Superior Court Rules,” The Legal Intelligencer, May 2023
- Mentioned, “No Injury; No Standing. Pennsylvania Superior Court Tosses FACTA Suit For Lack of Standing Under Pennsylvania Law,” May 2023
- Quoted, “Class-action suit seeking up to $45M in refunds from Pa. Liquor Control Board gets big win; fees for ‘special orders’ disputed,” Lancaster Online, June 2022
- Quoted, “The Pa. Liquor Control Board is liable for damages and legal fees in wine shipping fight, an appeals court ruled,” The Philadelphia Inquirer, June 2022
- Mentioned, “Montgomery McCracken Elects Three New Members to Management Committee; Louis A. Petroni Re-Elected as Chair,” March 2022
- Quoted, “A judge puts the PLCB on the hot seat for its wine fees to restaurants,” The Philadelphia Inquirer, November 2021
- Quoted, “How Montgomery McCracken Popped Pa. Liquor Control Fight,” Law360 Pulse, April 2021
- Mentioned, “Pa. Supreme Court upholds ruling that the PLCB illegally restricted wine shipping,” The Philadelphia Inquirer, March 2021
- Mentioned, “High Court Allows for Direct Delivery of Specialty Wines to Pennsylvania Consumers,” The Legal Intelligencer, March 2021
- Co-Author, “Just Sign the Authorization,” September 29, 2020
- Noted, “Restaurants sue the Pennsylvania Liquor Control Board over wine handling fees,” The Philadelphia Inquirer, May 2020
- Noted, “Liquor Board Must Allow for Direct Sales of Specialty Wines, Court Rules,” The Legal Intelligencer, May 2020
- Noted in, “Court Tackles Direct Wine Deliveries Amid COVID-19 Shutdown in Its First Livestreamed Session,” The Legal Intelligencer, April 2020
- Noted, “Wine dealers sue the PLCB over allegedly illegal shipping restriction,” The Philadelphia Inquirer, April 2020
- Quoted, “Pa. Ruling May Spur More Class Suits Against In-State Cos.” Law360, February 2018
- Co-Author, “The End May Be Nigh For FACTA Claims,” Law360, October 2017
- Quoted, “3rd Circ. TCPA Ruling Saps Spokeo Defenses In Class Actions,” Law360, July 2017
- Quoted, “Post-Spokeo Trends Offer Clues For Standing In Privacy Suits,” Law360, February 2017
- Author, “Post-Spokeo, Not All Statutory Violations Are Created Equal,” Law360, February 2017
- Quoted, “Attorneys React to Supreme Court’s Spokeo Ruling,” Law360, May 2016
- Quoted , “1st Circuit opens door to ‘future harm’ standing,” Massachusetts Lawyers Weekly, November 2014
- Noted, “First Circuit: Allegations in class action against Titeflex ‘too speculative,”” Washington Examiner, November 2014
- Noted, “1st Circ. Throws Out Titeflex Steel Tubing Class Action,” Law360, November 2014
- Quoted, “Clapper Defense No Sure Bet In Home Depot Breach Suits,” Law360, September 2014
- Author, “Some Sanity Amid Skyrocketing TCPA Litigation,” Law360, April 2014
- Selected to the Pennsylvania Super Lawyers list for 2019-2023. The Super Lawyers list is issued by Thomson Reuters and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Selected to the Pennsylvania Super Lawyers Rising Stars list for 2005-2006, 2008 and 2010-2013. The Super Lawyers list is issued by Thomson Reuters and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Treasurer, American Hellenic Lawyers Association
- Ex Officio Member of Board of Trustees, Curtis Institute of Music
- John is also an avid CrossFitter and frequently competes in local competitions
- University of Pennsylvania Law School
Customers’ FACTA Claims Against Home Decor Store Lack ‘Sufficient Degree of Risk,’ Superior Court Rules
The Pennsylvania Superior Court has ruled that a class action alleging home decor store Kirkland’s violated the federal Fair and Accurate Credit Transactions Act by displaying too much of customers’ […]
No Injury; No Standing. Pennsylvania Superior Court Tosses FACTA Suit For Lack of Standing Under Pennsylvania Law
PHILADELPHIA, PA – In an important case on Pennsylvania’s standing doctrine, the Superior Court handed down its opinion on May 16, 2023, in Gennock v. Kirkland’s, Inc., No. 462 WDA […]
Thirteen Montgomery McCracken Attorneys Selected to the 2023 Pennsylvania Super Lawyers and Rising Stars Lists
Montgomery McCracken is pleased to announce that thirteen of the firm’s attorneys have been selected to the 2023 Pennsylvania Super Lawyers and Super Lawyers Rising Stars lists. The following attorneys […]
John Papianou Joins The Rich Zeoli Show To Discuss PA Liquor Control Board Case
John Papianou, Chair of the Litigation Department at Montgomery McCracken, joined The Rich Zeoli Show on Talk Radio 1210 WPHT Philadelphia to discuss his recent case against the Pennsylvania Liquor […]