This is the latest in the series of Consumer Law Watch columns from lawyers at Jenner & Block tracking the latest in privacy/cybersecurity, fintech, food & beverage, trade secrets, and other developments affecting consumer law in California.

In class actions, named plaintiffs frequently seek discovery from the defendant regarding the identities and contact information of other putative class members. While some view this practice as a normal method of obtaining information about other similarly situated consumers, others view it as a way for plaintiffs’ lawyers to fish for potential plaintiffs—either in new lawsuits, or as a “backup” in the event the court finds the original named plaintiff atypical or inadequate.

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