Chad R. Fuller

Chad is a versatile litigator whose practice spans the managed care and financial services sectors, defending insurers, managed care organizations, and financial services clients in single-plaintiff and multidistrict matters. He serves as lead trial counsel in complex managed health care litigation involving a variety of claims, including bad faith, breach of contract, improper billing, the Mental Health Parity Act (MHPA), and out-of-network issues. Chad also defends financial services clients against claims involving the myriad federal consumer protection statutes, especially the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA).

Chad’s effective and systematic approach to high stakes litigation is drawn from his experience managing hundreds of TCPA cases and an in-depth understanding of managed care litigation. By anticipating likely roadblocks and scenarios, he is able to proactively position clients throughout the course of a case.

As one of the few attorneys in the U.S. that tries TCPA cases to verdict, Chad is go-to counsel for financial services clients facing major consumer class action litigation. He is also experienced in cases alleging false advertising and product defects, as well as cases alleging the inappropriate charging of fees and services by a variety of businesses such as software, telecommunications, home warranty, insurance brokerage, and auto finance companies. Additionally, Chad defends clients in privacy and security litigation and advises on associated regulatory issues.

Managed Care Representative Matters

• ABC Services Group, Inc. v. Health Net of California, Inc., et. al., 8:19-cv-00243-DOC (C.D. Cal. June 13, 2022) – Obtained dismissal with prejudice of litigation against Anthem Blue Cross Life and Health Insurance Company, Anthem, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, ValueOptions Federal Services, Inc., and ValueOptions of California, Inc. The plaintiff sought to recover claims on behalf of a closed substance abuse treatment facility. The litigation was initially filed as individual lawsuits in state and federal court against 36 defendants, asserting state law and ERISA claims. The litigation was consolidated in the U.S. District Court for the Central District of California, which granted the defendants’ motion to dismiss the plaintiff’s first amended complaint. On appeal, the Ninth Circuit Court of Appeals affirmed the dismissal of the state law claims and remanded the ERISA claims to the district court, which dismissed the remaining ERISA claims for lack of standing and failure to cite specific plans and plan terms.
• Successfully represented Blue Cross Blue Shield of Georgia, Inc. (dba Anthem Blue Cross Blue Shield) in an ERISA § 1132(a) matter in the Central District of California. The plaintiff alleged Anthem improperly denied benefits relating to Proton Beam Radiation Therapy (PBRT) to treat his prostate cancer. The court confirmed that records evidenced Anthem’s reasonable review and proper reliance on its medical policies, guidelines, and literature, as required by the health benefits plan at issue, in denying the benefits at issue. The court further held that Anthem’s determination that the plaintiff’s PBRT treatment was not covered by the plan was not an abuse of discretion. As such, the court entered judgment in Anthem’s favor. Loren Swearingen v. Westlake Health Care Plan, et. al., 2:20-cv-02052-MCS-JEM (C.D. Cal. August 24, 2021).
• Successfully represented Anthem, Inc. and Anthem UM Services, Inc. in an ERISA (§ § 1132(a)(1)(B) and 1132(a)(3)) putative class action matter in the Central District of California, and on the subsequent appeal to the Ninth Circuit, regarding denial of FDA-cleared, but investigational, peripheral nerve stimulation (PNS) treatment. The court held that plaintiff failed to adequately plead a provision of the plan that was breached, and importantly, that the medical policy was a part of the plan. Marie Fortier v. Anthem, Inc. and Anthem UM Services, Inc., 2:20-cv-004952-MCS, (C.D. Cal. Dec. 12, 2020). The Ninth Circuit unanimously affirmed the District Court’s decision. Marie Fortier v. Anthem Inc. et al., No. 20-56361 (9th Cir. 2021).
• United Air Ambulance, LLC. v. Healthkeepers, Inc. – Served as lead trial counsel in a jury trial involving air ambulance transportation dispute and obtained a complete defense verdict for Anthem/Healthkeepers.
• In re Anthem Data Breach Litigation – Served as member of Anthem’s litigation defense team and was involved in all aspects of the case from MDL assignment though settlement and final approval.
• Successfully represented Anthem, Inc. in a TCPA putative class action matter in the Northern District of Ohio regarding prerecorded message calls. Obtained summary judgment in this first-of-its-kind decision. Adam Savett v. Anthem Inc., 1:18-cv-00274-PAB, 2019 US Dist. Lexis 190955, 2019 WL 5696973 (N.D. Ohio Nov. 4, 2019).
• Reese v. Anthem, Inc., et al., No. 17-07940 (E.D. La. Mar. 12, 2018) – Motion to Dismiss granted with prejudice in a TCPA putative class action relating to informational health care-related text messages.
• Blue Cross of California Website Security Cases – Represented Blue Cross of California and its parent company and affiliates in a nationwide class action involving an alleged data security breach relating to an online application portal.
• OCR/HHS v. WellPoint – Represented WellPoint in an OCR/HHS investigation involving a data security incident.

TCPA Representative Matters

• Hibler v. Santander Consumer USA Inc. – Represented Santander in a nationwide TCPA class action in connection with consumer auto finance lending and debt collection.
• Espejo v. Santander Consumer USA Inc. – Represented Santander in a nationwide TCPA class action in connection with consumer auto finance lending and debt collection.

Commercial Class Action Litigation Representative Matters

• Lindblom v. Santander Consumer USA Inc., No. 1:15-cv-00990 (E.D. Cal. January 26, 2018) – Defeated Motion for Class Certification in Rosenthal Act class action.
• Kinder v. Microsoft – Represented Microsoft in a California class action involving TCPA claims alleging improper use of predictive dialers. Case dismissed at pleading stage.
• Cappicchioni v. AmeriCredit – Represented AmeriCredit in California class action alleging violations of California wiretapping statute. Case dismissed at pleading stage.
• Lemieux v. HSBC – Represented HSBC in California class action alleging violation of TCPA involving collection activities. Case settled for nuisance value.
• Mack/Newman v. GM Financial – Represented GM Financial in a nationwide TCPA class action in connection with consumer auto finance lending and debt-collection.

Commercial and Financial Services Litigation Class Actions

• Campion v. Old Republic Home Protection – Represented Old Republic Home Protection in a nationwide class action involving home warranty plans.
• Preziosi v. The Brunton Company – Represented Brunton in a California class action involving allegations of defective camping stoves.
• Davis v. Carbonite – Represented Carbonite in California class action involving alleged data storage loss and violations of state and federal privacy laws.
• MDL Pet Food Litigation – Served as lead counsel in a nationwide multidistrict litigation (MDL) involving contaminated rice protein concentrate from China. Settled case on extremely favorable terms. Handled all aspects of claims management, including cy pres funds.
• Saulic v. Symantec – Represented Symantec in a nationwide class action involving credit card billing issues over the Internet. Defeated class certification and obtained complete dismissal.
• Slocum v. State Farm – Represented State Farm in a California class action involving installment payments of insurance premiums. Case dismissed on pleadings after three years of litigation.
• Gregory v. Hewlett Packard – Represented HP in a nationwide consumer class action alleging that HP’s Pavilion laptop computers contained a defective motherboard that caused the computers to hang, freeze, and lock.
• Gordon v. Bank of America – Successfully defended Bank of America in class action alleging that bank practices with respect to loan payoff fees violated California Civil Code section 2943 and constituted an unfair and unlawful practice pursuant to California’s Unfair Practices Act (Business and Professions Code § 17200).
• Michaelson v. Bank of America – Represented the bank in a California class action brought under Business and Professions Code § 17200 challenging practices regarding check hold periods. After filing a demurrer and highlighting the weaknesses of the plaintiff’s claims, the case was voluntarily dismissed.
• Washington Mutual v. Gan – Represented Washington Mutual in a class action brought under the Real Estate Settlement Procedures Act, successfully resisting class certification and discovery efforts.
• Dolfo v. Bank of America – Represented Bank of America in a nationwide class action involving claims against the bank’s implementation of HAMP loan modifications.

• Best Lawyers in America®: Commercial Litigation (2026)