Alan M. Mansfield

Alan M. Mansfield This email address is being protected from spambots. You need JavaScript enabled to view it.  
San Diego, Los Angeles, San Francisco Offices
858-674-6641 | vCard
310-684-2504
415-860-2503

Of Counsel

 

Alan M. Mansfield has practiced primarily in the area of national consumer class action and public interest litigation since 1991, focusing on healthcare, telecommunications, and consumer privacy issues. His clients have included such public interest organizations as the California Medical Association, Consumer Watchdog, and the Privacy Rights Clearinghouse.

Mr. Mansfield has been involved in numerous significant healthcare matters, including a class action against Anthem Blue Cross for improperly closing certain health plans which resulted in a settlement requiring defendant to limit plan rate increases and requiring any plan changes to be without medical underwriting for several years (Feller v. Anthem Blue Cross, Ventura County Superior Court Case No. 56-2010-00368587-CU-BT-VTA); and a class action representing a number of California pharmacists seeking to require Pharmacy Benefits Managers to provide data required under state law, obtaining a significant decision from the Ninth Circuit and the California Supreme Court interpreting the scope of the First Amendment as applied to California pharmacists’ claims under California law (Beeman v. Anthem Prescription, 2011 U.S. App. LEXIS 14687 (9th Cir., July 19, 2011), Beeman v. Anthem Prescription, 58 Cal. 4th 529 (2013). He also has been actively involved in numerous cases on behalf of patients, including Doe v. United Health Care, No. 13-cv-00864 (C.D. Cal. filed 2013) (national class action settlement approved in July 2014 permitting consumers to opt out of mail order program); Doe v. Cigna Health Care, No. 15-cv-60894 (S.D. Fla. filed 2015) (national settlement implemented in December 2015 that removed HIV/AIDS specialty medications from the mandatory mail order tier); Doe v. Blue Cross of California, No. 37-2013-31442 (San Diego Super. Ct. filed 2013) (California-only settlement implemented in May 2013 cancelling mandatory mail order program); and Doe v. Anthem, Inc. (national settlement implemented in June 2016 that also removed HIV/AIDS specialty medications from the mandatory mail-order requirement tier for all of Anthem’s subsidiaries in the United States). He is also currently representing plaintiffs in lawsuits against Aetna, Inc. and Coventry Health Plans for discriminating against HIV/AIDS patients, alleging that mandatory mail-order pharmacy programs pose serious health and privacy threats to HIV/AIDS patients receiving specialty medications from the retail pharmacist of their choice.

As part of his commitment to public interest litigation, Mr. Mansfield was one of the lead counsel in Garrett v. City of Escondido,465 F.Supp. 2d 1043 (S.D. Cal. 2006), in the U.S. District Court for the Southern District of California, which successfully challenged the legality of the City of Escondido’s immigration landlord-tenant enforcement ordinance, resulting in one of the first decisions addressing the constitutionality of local ordinances or state laws addressing immigration issues. Based on that and other work in the community performed by both him and the previous firm for which he was the managing partner (Rosner & Mansfield LLP), he and his firm was awarded the 2007 Public Service by a Law Firm Award by the San Diego County Bar Association. He also assisted the ACLU in obtaining a significant First Amendment victory regarding the improper seizure by the U.S. Government of property belonging to members of the Mongols Motorcycle Club (Rivera v. Melson, No. 2:09-cv-02435 DOC (JCx)(C.D. Cal.)). He was also involved in the “Joe Camel” teen smoking case, a landmark decision that permitted false advertising claims to proceed against a major tobacco company. Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057.

Highlights from other recent successful actions where he was appointed as one of the lead class counsel include a class action against American Honda for misrepresenting gas mileage on Honda Civic Hybrids, resulting in a settlement valued at over $400 million (Lockabey v. American Honda, S.D. Sup. Ct. Case No.Case No. 37-2010-00087755-CU-BT-CTL); and an action involving the unauthorized billing of consumers for overdraft fees on checking and debit account, resulting in the creation of a $35 million common fund and significantcy prescontributions to several non-profit organizations (Closson v. Bank of America, San Francisco Superior Court Case No. CGC 04436877). He also prevailed, after a two-week long class action arbitration in January 2009, on behalf of a class of senior citizens residing at a senior living community who were charged entrance fees in violation of California’s landlord-tenant laws, obtaining significant relief for the benefit of the class members and contributions for Alzheimer’s Disease research (VanPelt v. SRG).

Mr. Mansfield was also one of the lead counsel in a class action against Sprint Communications for charging customers improper telephone fees for data plan communication, resulting in a settlement that fully refunded the vast majority of such charges (Taylor v. Sprint Communications, Case No. C07-CV-2231-W (RJB)); a class action involving billing customers for previously promised airtime, resulting in a class action settlement that gave over 1 million customers the ability to claim full reimbursement for the uncredited airtime (Nelson v. Virgin Mobile, Case No. 05-CV-1594-AJB); a case challenging Sprint’s failure to provide a cancellation window when it imposed certain additional fees against customers in July 2003, resulting in a class-wide settlement returning Early Termination Fees that had been charged to consumers, as well as improving certain disclosure practices(UCAN v. Sprint Spectrum LP, San Diego Superior Court Case No. GIC 814461); and Maycumberv. PowerNet Global Telecommunications, Case No. 06-cv-1773-H (RBB) (S.D. Cal.), which challenged the practice of charging a “Network Access Charge” as a tax when it was not, resulting in a significant refund of such charges. Mr. Mansfield also represented the public interest group UCAN in an action before the California Public Utilities Commission involving improper billing for Early Termination Fees, resulting in a refund of over $18 million in fees to over 100,000 former Cingular Wireless customers (In Re Cingular Wireless, CPUC Case No. I.02-06-003), as well as an action challenging AT&T California’s practice of terminating 911-only service to California residents in violation of the Public Utilities Code, resulting in a multi-million dollar fine and an order requiring significant practice changes (UCAN v. SBC California, CPUC Case No. C.05-11-011).

Mr. Mansfield received his B.S. degree, cum laude, in Business Administration - Finance from California Polytechnic State University, San Luis Obispo in 1983 and his Juris Doctorate degree from the University of Denver School of Law in 1986. He is admitted to the Bar of the State of California, to the United States District Courts for all Districts of California, to the Third, Fifth, Ninth and Tenth Circuit Courts of Appeal, and to the Supreme Court of the United States of America. Mr. Mansfield is Of Counsel to the Firm.