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Junk Fee Class Actions: Prosecuting Drip Pricing and Hidden Fees Under State Law

Drip-pricing class actions under California’s SB 478, the CLRA, the UCL, and the FAL are reaching hospitality, real estate, and consumer services clients. Learn to leverage statutory safe harbors, win early dismissal on standing and arbitration grounds, defeat certification, and dismantle inflated damages models.

2026-11-13 12:00:00

Program Details

2026-11-13 12:00:00

2026-11-13 12:00:00

2h CLE Credits

2026-11-13 12:00:00

Program Details

2026-11-13 12:00:00

Program Details

2026-11-13 12:00:00

Over 1,000+ webinars

2026-11-13 12:00:00

Course Overview

A fee your client discloses before checkout can still be the fee that gets it sued

2026-11-13 12:00:00

California’s SB 478 and similar statutes in Minnesota, Massachusetts, and Virginia have turned drip pricing into a class action theory of its own. Plaintiffs now stack the new statutes on top of the CLRA, the UCL, and the FAL. They are filing against hospitality, real estate, and consumer services businesses.

Miss a statutory carve-out or safe harbor and the complaint survives. Leave overlapping causes of action unchallenged and the case grows. Accept a speculative damages model and settlement pressure sets the price. Overlook the arbitration provision and the class gets certified.

Jessica Farmer and Nick Dellefave of Holland & Knight walk a junk fee case from complaint through trial. You leave with threshold challenges built on preemption, primary jurisdiction, standing, and arbitration, plus Daubert/Rule 702 attacks on speculative damages models. You also take home certification defenses grounded in individualized reliance and transaction-specific differences, and a mass-arbitration strategy. For cases that go the distance: jury themes, compliance evidence, and fee-shifting arguments that change the plaintiff’s risk-reward calculus.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The New Drip-Pricing Statutes
How California’s SB 478 and the Minnesota, Massachusetts, and Virginia statutes are being pleaded alongside the CLRA, the UCL, and the FAL, and what that stacking means for your defense.
02
Carve-Outs and Safe Harbors
How to leverage statutory carve-outs and safe harbors to knock out junk fee claims at the pleading stage.
03
Threshold Dismissal Arguments
How to challenge overlapping causes of action on preemption and primary jurisdiction principles and pursue early dismissal through standing and arbitration arguments.
04
Attacking Damages Models
How to mount Daubert/Rule 702 challenges to speculative damages models and dismantle the damages theories that drive settlement pressure.
05
Defeating Class Certification
How to defeat certification by highlighting individualized issues of reliance and transactionspecific differences, and how to use arbitration provisions and mass-arbitration procedures for strategic advantage.
06
Trial Themes and Fee-Shifting
How to deploy jury themes, evidence of compliance, and fee-shifting doctrines to alter the plaintiff’s risk-reward calculus, with industry-specific strategies from hospitality, real estate, and consumer services litigation.

Program schedule

clock 12:00 pm - 1:00 pm EST

Anatomy of a Junk Fee Complaint: Early Defense Strategies and Threshold Challenges

Jessica Farmer & Nick Dellefave examine the latest wave of drip-pricing lawsuits brought under California’s SB 478, the CLRA, the UCL, the FAL, and similar statutes in Minnesota, Massachusetts, and Virginia. Attendees will learn how to leverage statutory carve-outs and safe harbors, challenge overlapping causes of action based on preemption and primary jurisdiction principles, and pursue early dismissal through standing and arbitration arguments. The session also explores effective Daubert/Rule 702 challenges to speculative damages models and offers practical, industry-specific strategies drawn from hospitality, real estate, and consumer services litigation.

Jessica L. FarmerJessica L. Farmer
Nick DellefaveNick Dellefave
clock 1:10 pm - 2:10 pm EST

Breaking the Class: Defeating Certification, Arbitration Traps, and Inflated Damages in Fee Litigation

Jessica Farmer & Nick Dellefave will discuss the anatomy of a case from the pleading stage through resolution. They will discuss mechanisms to defeat class certification by highlighting individualized issues of reliance and transaction-specific differences, use arbitration provisions and mass-arbitration procedures to gain strategic advantage, and challenge the damages theories that often drive settlement pressure. For cases that proceed to trial, attendees will learn effective jury themes, how to use evidence of compliance to strengthen the defense, and how fee-shifting doctrines can significantly alter the
plaintiff’s risk-reward calculus.

Jessica L. FarmerJessica L. Farmer
Nick DellefaveNick Dellefave
Jessica L. Farmer

Jessica L. Farmer

Holland & Knight LLP

Nick Dellefave

Nick Dellefave

Holland & Knight LLP

Jessica L. Farmer

Jessica L. Farmer

Holland & Knight LLP

Jessica L. Farmer is a Partner in Holland & Knight’s Litigation and Dispute Resolution Practice in Washington, D.C., where she defends national housing providers and hotel brands in high-profile class actions challenging resort, amenity, and other fees alleged to be junk fees or drip pricing under various consumer protection statutes. Her defense work spans commercial litigation, arbitrations, and class actions across the housing, real estate, hospitality, and consumer services industries, with particular depth in putative class actions alleging breach of contract, unfair and deceptive trade practices, junk fees/drip pricing, and environmental nuisance. She serves as national, regional, and local counsel for corporate clients and manages every phase of a case, from early case assessment through depositions, dispositive motions, evidentiary hearings, mediation, and trial.

Education & Credentials

Ms. Farmer earned her J.D. from the University of Maryland School of Law and her B.A. in Psychology from the University of Maryland, Baltimore County. She is admitted to the bars of the District of Columbia and Maryland, and to practice before the U.S. District Courts for the District of Maryland and the District of Columbia, the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the District of Columbia Circuit, and the U.S. Court of Federal Claims.

Recognition & Leadership

Ms. Farmer is listed in The Best Lawyers in America guide as a Commercial Litigation "One to Watch" in Washington, D.C. (2022–2027), was named a Thomson Reuters Stand-Out Lawyer for 2026, and was selected as a Holland & Knight Rising Star in the Class of 2024. She regularly leads defense teams as lead counsel and as a key member of national counsel teams in coordinated litigation.

Professional Involvement

Ms. Farmer writes and speaks frequently on fee-disclosure litigation. Her publications include "No More Hidden Fees: D.C. Takes Aim at Drip Pricing and Strengthens Consumer Protection Act" (Holland & Knight Alert, June 12, 2026) and "The Rise of Junk Fee Class Actions: What Companies Should Know" (Holland & Knight Alert, April 22, 2026), and she presented the firm webinar "Price Transparency and Junk Fee Regulations: Trends and Strategies for the Real Estate Industry" (April 29, 2026). Her other writing covers the use of pricing algorithms in price-fixing claims, indoor-environment mass torts in rental housing, ERISA and ESOP litigation, and Fair Housing Act developments, and she has presented on the financial services litigation and enforcement outlook. She also maintains an active pro bono practice representing veterans in discharge upgrade and military sexual trauma matters before the U.S. Department of Veterans Affairs.

Experience

Ms. Farmer defends national housing providers and hotel brands in class actions challenging resort, amenity, and other fees alleged as junk fees or drip pricing under consumer protection statutes, and represents a housing provider in a purported class action alleging consumer protection act violations and unfair and deceptive trade practices. She is lead counsel for a privatized military housing operator defending purported class actions alleging mold exposure on U.S. military bases, manages the defense of a national mortgage lender in multiple putative data-breach class actions, and serves on the national counsel team defending a major pharmaceutical manufacturer in federal multidistrict litigation and a related state mass tort action. She obtained a complete dismissal on standing of an ERISA putative class action arising from a $200 million ESOP transaction.

Her broader practice includes hotel and real estate management disputes involving termination rights, performance issues, and fiduciary duties; commercial lease litigation, including force majeure and COVID- 19-related claims; a multibillion-dollar ICC arbitration arising from a mega-infrastructure project, where she served on the core trial team for a six-week merits hearing; and the defense of Fair Housing Act and Americans with Disabilities Act claims.
Nick Dellefave

Nick Dellefave

Holland & Knight LLP

Nick Dellefave is a trial and appellate litigation attorney in Holland & Knight’s Washington, D.C., and Newport Beach offices whose practice includes class action defense, class action litigation and arbitration, and hospitality and consumer-facing disputes. He is the author of “The Rise of Junk Fee Class Actions: What Companies Should Know” (Holland & Knight Alert, April 22, 2026) and “Proposed California Law Takes Aim at ‘Rent Now, Pay Later’ Services” (Holland & Knight Alert, June 24, 2026). Mr. Dellefave focuses on complex business litigation, with particular emphasis in the real estate and technology sectors, and has represented national and international clients in all phases of high-stakes state and federal litigation.

Education & Credentials

Mr. Dellefave earned his J.D., magna cum laude, from Syracuse University College of Law, and holds a B.S. in Mechanical Engineering and a B.A. in Economics from Syracuse University. He is admitted to the bars of California, the District of Columbia, and Maryland, and to practice before the U.S. District Courts for the District of Columbia, the District of Maryland, and the Central District of California, and the U.S. Court of Appeals for the Ninth Circuit.

Recognition & Leadership

Mr. Dellefave is a member of the Order of the Coif and the Order of Barristers (2018), and received the National Academy of Trial Lawyers Award for Distinguished Achievement in the Art and Science of Advocacy (2018) and the CALI Excellence for the Future Award (2017–2018). At Syracuse he was named to the Dean’s List (2015–2018), served in the Moot Court Honor Society (2016–2018), and was Executive Editor of the Journal of Science and Technology Law (2017–2018).

Professional Involvement

In addition to his junk fee and "Rent Now, Pay Later" client alerts, Mr. Dellefave has written on what the new Reference Manual for Scientific Evidence teaches about AI in the courtroom (Drug & Device Law, February 19, 2026) and on the application of the Halo Electronics enhanced-damages standard in U.S. district courts. He maintains an active pro bono practice serving low-income individuals and nonprofit organizations in the National Capital Region and Southern California. While in law school he worked in the New York State Science and Technology Law Center, guiding inventors and technology companies through intellectual property protection and regulatory approvals, and interned for the Honorable David E. Peebles of the U.S. District Court for the Northern District of New York.

Experience

Mr. Dellefave’s complex business litigation practice includes class action defense, commercial disputes, corporate shareholder and securities litigation, defamation and First Amendment lawsuits, and challenges to the validity and constitutionality of state administrative regulations. He has litigated for clients in the hospitality, healthcare, energy, logistics, automotive, and defense industries, and his practice groups include Class Action Litigation and Arbitration, Hospitality, Product Liability, and Real Estate Disputes and Advocacy.

His representative results include prevailing before the U.S. Court of Appeals for the Ninth Circuit in a complex business dispute involving federal, state, and foreign law; winning a complete defense verdict after a nine-day jury trial for a national real estate developer, defeating more than $30 million in alleged damages; obtaining dismissal of a trade secret misappropriation suit and a subsequent $5.8 million attorneys’ fee award for bad-faith prosecution; securing complete dismissal of a False Claims Act and Anti- Kickback Statute case against a physician; and obtaining summary judgment for a corporation in a shareholder suit arising from an asset sale. He also represents real estate developers, owners, and investors in disputes over high-value projects, and technology clients in matters involving trade secrets, data security, and medical devices, where he draws on his engineering background to bridge the gap between technical clients and the courts.
Jessica L. Farmer

Jessica L. Farmer

Holland & Knight LLP

Jessica L. Farmer is a Partner in Holland & Knight’s Litigation and Dispute Resolution Practice in Washington, D.C., where she defends national housing providers and hotel brands in high-profile class actions challenging resort, amenity, and other fees alleged to be junk fees or drip pricing under various consumer protection statutes. Her defense work spans commercial litigation, arbitrations, and class actions across the housing, real estate, hospitality, and consumer services industries, with particular depth in putative class actions alleging breach of contract, unfair and deceptive trade practices, junk fees/drip pricing, and environmental nuisance. She serves as national, regional, and local counsel for corporate clients and manages every phase of a case, from early case assessment through depositions, dispositive motions, evidentiary hearings, mediation, and trial.

Education & Credentials

Ms. Farmer earned her J.D. from the University of Maryland School of Law and her B.A. in Psychology from the University of Maryland, Baltimore County. She is admitted to the bars of the District of Columbia and Maryland, and to practice before the U.S. District Courts for the District of Maryland and the District of Columbia, the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the District of Columbia Circuit, and the U.S. Court of Federal Claims.

Recognition & Leadership

Ms. Farmer is listed in The Best Lawyers in America guide as a Commercial Litigation "One to Watch" in Washington, D.C. (2022–2027), was named a Thomson Reuters Stand-Out Lawyer for 2026, and was selected as a Holland & Knight Rising Star in the Class of 2024. She regularly leads defense teams as lead counsel and as a key member of national counsel teams in coordinated litigation.

Professional Involvement

Ms. Farmer writes and speaks frequently on fee-disclosure litigation. Her publications include "No More Hidden Fees: D.C. Takes Aim at Drip Pricing and Strengthens Consumer Protection Act" (Holland & Knight Alert, June 12, 2026) and "The Rise of Junk Fee Class Actions: What Companies Should Know" (Holland & Knight Alert, April 22, 2026), and she presented the firm webinar "Price Transparency and Junk Fee Regulations: Trends and Strategies for the Real Estate Industry" (April 29, 2026). Her other writing covers the use of pricing algorithms in price-fixing claims, indoor-environment mass torts in rental housing, ERISA and ESOP litigation, and Fair Housing Act developments, and she has presented on the financial services litigation and enforcement outlook. She also maintains an active pro bono practice representing veterans in discharge upgrade and military sexual trauma matters before the U.S. Department of Veterans Affairs.

Experience

Ms. Farmer defends national housing providers and hotel brands in class actions challenging resort, amenity, and other fees alleged as junk fees or drip pricing under consumer protection statutes, and represents a housing provider in a purported class action alleging consumer protection act violations and unfair and deceptive trade practices. She is lead counsel for a privatized military housing operator defending purported class actions alleging mold exposure on U.S. military bases, manages the defense of a national mortgage lender in multiple putative data-breach class actions, and serves on the national counsel team defending a major pharmaceutical manufacturer in federal multidistrict litigation and a related state mass tort action. She obtained a complete dismissal on standing of an ERISA putative class action arising from a $200 million ESOP transaction.

Her broader practice includes hotel and real estate management disputes involving termination rights, performance issues, and fiduciary duties; commercial lease litigation, including force majeure and COVID- 19-related claims; a multibillion-dollar ICC arbitration arising from a mega-infrastructure project, where she served on the core trial team for a six-week merits hearing; and the defense of Fair Housing Act and Americans with Disabilities Act claims.
Nick Dellefave

Nick Dellefave

Holland & Knight LLP

Nick Dellefave is a trial and appellate litigation attorney in Holland & Knight’s Washington, D.C., and Newport Beach offices whose practice includes class action defense, class action litigation and arbitration, and hospitality and consumer-facing disputes. He is the author of “The Rise of Junk Fee Class Actions: What Companies Should Know” (Holland & Knight Alert, April 22, 2026) and “Proposed California Law Takes Aim at ‘Rent Now, Pay Later’ Services” (Holland & Knight Alert, June 24, 2026). Mr. Dellefave focuses on complex business litigation, with particular emphasis in the real estate and technology sectors, and has represented national and international clients in all phases of high-stakes state and federal litigation.

Education & Credentials

Mr. Dellefave earned his J.D., magna cum laude, from Syracuse University College of Law, and holds a B.S. in Mechanical Engineering and a B.A. in Economics from Syracuse University. He is admitted to the bars of California, the District of Columbia, and Maryland, and to practice before the U.S. District Courts for the District of Columbia, the District of Maryland, and the Central District of California, and the U.S. Court of Appeals for the Ninth Circuit.

Recognition & Leadership

Mr. Dellefave is a member of the Order of the Coif and the Order of Barristers (2018), and received the National Academy of Trial Lawyers Award for Distinguished Achievement in the Art and Science of Advocacy (2018) and the CALI Excellence for the Future Award (2017–2018). At Syracuse he was named to the Dean’s List (2015–2018), served in the Moot Court Honor Society (2016–2018), and was Executive Editor of the Journal of Science and Technology Law (2017–2018).

Professional Involvement

In addition to his junk fee and "Rent Now, Pay Later" client alerts, Mr. Dellefave has written on what the new Reference Manual for Scientific Evidence teaches about AI in the courtroom (Drug & Device Law, February 19, 2026) and on the application of the Halo Electronics enhanced-damages standard in U.S. district courts. He maintains an active pro bono practice serving low-income individuals and nonprofit organizations in the National Capital Region and Southern California. While in law school he worked in the New York State Science and Technology Law Center, guiding inventors and technology companies through intellectual property protection and regulatory approvals, and interned for the Honorable David E. Peebles of the U.S. District Court for the Northern District of New York.

Experience

Mr. Dellefave’s complex business litigation practice includes class action defense, commercial disputes, corporate shareholder and securities litigation, defamation and First Amendment lawsuits, and challenges to the validity and constitutionality of state administrative regulations. He has litigated for clients in the hospitality, healthcare, energy, logistics, automotive, and defense industries, and his practice groups include Class Action Litigation and Arbitration, Hospitality, Product Liability, and Real Estate Disputes and Advocacy.

His representative results include prevailing before the U.S. Court of Appeals for the Ninth Circuit in a complex business dispute involving federal, state, and foreign law; winning a complete defense verdict after a nine-day jury trial for a national real estate developer, defeating more than $30 million in alleged damages; obtaining dismissal of a trade secret misappropriation suit and a subsequent $5.8 million attorneys’ fee award for bad-faith prosecution; securing complete dismissal of a False Claims Act and Anti- Kickback Statute case against a physician; and obtaining summary judgment for a corporation in a shareholder suit arising from an asset sale. He also represents real estate developers, owners, and investors in disputes over high-value projects, and technology clients in matters involving trade secrets, data security, and medical devices, where he draws on his engineering background to bridge the gap between technical clients and the courts.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

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24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

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