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Ethan Preston

Phone: 415-842-4666
Ethan Preston has represented consumers in class action lawsuits since 2007, focusing on consumer privacy and unfair trade practices that relate to consumer technology. Mr. Preston has taken substantial leadership roles in many class actions and was appointed lead counsel or co-counsel for certified classes in:
  • In re Portfolio Recovery Associates, LLC Telephone Consumer Protection Act Litigation, No. 11-md-02295 (S.D. Cal. Jan. 25, 2017)
  • Lofton v. Verizon Wireless (VAW) LLC, No. 13-05665 (N.D. Cal. Jan. 28, 2016)
  • Holmes v. NCO Financial Services, Inc., No. 10-2543 (S.D. Cal. June 23, 2014)
  • DuFour v. Be, LLC, No. 09-03770 (N.D. Cal. May 20, 2013)
  • Addison v. Monarch & Associates, Inc., No. 14-358 (C.D. Cal. June 23, 2017)
  • Wang v. Asset Acceptance, LLC, No. 09-4797 (N.D. Cal. Nov. 17, 2011)
  • Cosio v. International Performing Arts Academy, LLC, No. CGC-16-551337 (Sup. Ct. San Francisco Sept. 11, 2018)
  • Wang v. Bank of America, N.A., No. CGC-12-526452 (Sup. Ct. San Francisco Aug. 8, 2014)
  • Meyer v. PYOD, LLC, No. 37-2014-00008110-CU-BT-NC (Sup. Ct. San Diego Jan. 6, 2017)
Known for his methodical approach to research and case preparation, Mr. Preston is proud to provide sophisticated representation to help consumers solve practical challenges in their everday lives. Before founding Preston Law Offices in 2009, Mr. Preston was a partner at a multi-state law firm that is nationally recognized for its work representing plaintiffs in class action and mass tort claims. Mr. Preston and his wife have three sons and reside in the Dallas area. When he is not practicing law, Mr. Preston enjoys surf fishing and spending time in nature.
  • Georgetown Law Center, J.D.
  • University of Texas at Austin, Plan II Program, B.A.
Professional Licenses and Bar Admissions
  • State Bar of California
  • State Bar of Texas
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Ninth Circuit
Representative Experience

Representative rulings obtained by Preston Law Offices include:

  • Meyer v. Portfolio Recovery Associates, LLC, 707 F.3d 1036 (9th Cir. 2012) (affirming preliminary injunction and class certification under Rule 23(b)(2));
  • Kuns v. Ocwen Loan Servicing, LLC, 611 F. App’x 398 (9th Cir. 2015) (dismissal reversed, creditor allegedly violated Cal. Civ. Code § 1785.25(a) by reporting deficiency on residential mortgage foreclosure to credit reporting agency without disclosing that deficiency was not legally enforceable);
  • Holmes v. NCO Financial Services, Inc., 538 F. App’x 765 (9th Cir. 2013) (reversing summary judgment because defendant had constructive notice to information about plaintiff’s dispute of consumer debt in electronic debt service system);
  • In re Portfolio Recovery Associates LLC Telephone Consumer Protection Act Litigation, No. 11-md-02295, 2017 WL 3575615 (S.D. Cal. Jan. 25, 2017) (enjoining litigation against class counsel arising from counsel’s representation of class in any other court under All Writs Act, 28 U.S.C. § 1651);
  • Lofton v. Verizon Wireless (VAW) LLC, 308 F.R.D. 276 (N.D. Cal. 2015) (granting motions to compel and sanction defendants);
  • DuFour v. Be., LLC, No. 09-3770, 2009 WL 4730897 (N.D. Cal. Dec. 7, 2009) (granting constructive trust as preliminary injunction);
  • In re Netflix Antitrust Litigation, 506 F. Supp. 2d 308 (N.D. Cal. 2007) (finding consumers have standing to bring Walker Process antitrust claims, ordering limited discovery on other elements of antitrust claims);
  • Katz v. Liberty Power Corp., LLC, No. 18- 10506, 2021 WL 3616073 (D. Mass. Mar. 29, 2021) (granting motion to compel discovery on defendants’ search terms and ESI protocols);
  • Katz v. Liberty Power Corp., LLC, No. 18-10506, 2020 WL 3492469 (D. Mass. June 26, 2020) (granting motion to compel, denying motion to quash subpoenas for email headers);
  • Katz v. Liberty Power Corp., LLC, No. 18-10506, 2019 WL 4645524 (D. Mass. Sept. 24, 2019) (denying motion to dismiss and for summary judgment in TCPA case based on First Amendment and standing arguments);
  • Katz v. Liberty Power Corp., LLC, No. 18-10506, 2019 WL 957129 (D. Mass. Feb. 27, 2019) (protective order prohibiting defendants from obtaining party email via subpoena);
  • Katz v. Liberty Power Corp., LLC, No. 18-10506, 2018 WL 4398256 (D. Mass. Sept. 14, 2018) (ordering defendants to implement preservation measures);
  • Addison v. Monarch & Associates, Inc., No. 14-358, 2016 WL 11530424 (C.D. Cal. Nov. 10, 2016) (compelling third party to produce computer for forensic examination);
  • Addison v. Monarch & Associates, Inc., No. 14-358, 2017 WL 10562596 (C.D. Cal. May 8, 2017), adopted 2017 WL 10651455, (C.D. Cal. June 23, 2017) (class certification where defendant spoliated records identifying class members);
  • In re Collecto, Inc., Telephone Consumer Protection Act Litigation, No. 14-02513, 2016 WL 552459 (D. Mass. Feb. 10, 2016) (denying motion for summary judgment on Telephone Consumer Protection Act);
  • Wang v. Asset Acceptance LLC, No. 09-04797, 2010 WL 2985503 (N.D. Cal. July 27, 2010) (denying motion to dismiss Fair Credit Reporting Act claim against furnisher); and
  • Lofton v. Bank of Am. Corp., No. 07-05892, 2008 WL 2037606 (N.D. Cal. May 12, 2008) (granting discovery motions).
  • Cross-Border Collaboration by Class Counsel in the U.S. and Ontario, 4 Canadian Class Action Rev. 164 (2007)
  • The Global Rise of a Duty to Disclose Information Security Breaches, 22 J. Marshall J. Computer & Info. L. 457 (2004) (with Paul Turner)
  • Computer Security Publications: Information Economics, Shifting Liability and the First Amendment, 24 Whittier L. Rev. 71 (2002) (with John Lofton)
  • The USA PATRIOT Act: New Adventures in American Extraterritoriality, 10 J. Fin. Crime 104 (2002)