Esteban is a class action and consumer defense lawyer. Esteban routinely handles litigation and compliance issues related to marketing, consumer outreach, allegations of consumer fraud, and privacy.
Esteban has successfully defended both small and large corporate clients targeted in class actions alleging violations of various federal and state statutes, including the Telephone Consumer Protection Act (and state mini TCPAs), Fair and Accurate Credit Transactions Act, Fair Debt Collection Practices Act, California’s Unfair Competition Law, and California’s Invasion of Privacy Act (among many other statutes and theories). Results include potential plaintiffs abandoning claims during pre-suit discussions, dismissals at the pleading stage and without any discovery following aggressive defense strategies, and prevailing at summary judgment. In addition to defending class actions, Esteban has represented clients in corporate, real estate, trust and estate, and securities disputes.
Before joining the firm, Esteban served as in-house Counsel for a national broker-dealer with thousands of registered representatives stationed throughout the country. In his capacity as an in-house attorney, Esteban litigated cases, routinely interfaced with insurance carriers and brokers, managed outside counsel, and advised on regulatory matters.
Esteban has been featured in The American Lawyer for his pro bono work with immigrant youth seeking Special Immigrant Juvenile Status. Esteban also previously practiced at an international law firm and was an extern for the Honorable Dale S. Fischer, US District Court, Central District of California.
Experience
Telephone Consumer Protection Act and State Mini-TCPAs
- Motion to Dismiss granted with prejudice (no discovery) in TCPA class action filed against a major NBA franchise.
- Summary judgment granted in favor of software company providing solutions for the travel industry in class action alleging TCPA violations. Decision affirmed by the Court of Appeals for the Ninth Circuit.
- Motion to Dismiss granted with prejudice (no discovery) in case alleging TCPA violations. Decision affirmed by the Court of Appeals for the Ninth Circuit in what is believed to be the first substantive decision from the Ninth Circuit applying the residential standard from Chenette v. Porch.com, Inc., 50 F.4th 1217 (9th Cir. 2022).
- Voluntary dismissal of TCPA class action (no discovery) following filing of two motions to dismiss challenging jurisdiction, opposition to a motion to transfer and service of a Rule 11 motion for sanctions.
- Motion to dismiss granted in class action alleging violations of the Confidentiality of Medical Information Act, UCL, and TCPA.
- Responded to state regulator in connection with consumer complaint alleging TCPA violations. Response resulted in no action from the regulator.
- Voluntary dismissal of TCPA class action alleged against auto dealership network following investigation confirming consent.
- Voluntary dismissal of TCPA case following agreement to arbitrate and investigation confirming no revocation of consent.
- Successfully resolved numerous TCPA claims pre-litigation.
- Defended mini-TCPA claims pre-litigation and in formal litigation (including theories premised on the Florida Telephone Solicitation Act, Oklahoma Telephone Solicitation Act, and Massachusetts, Maryland, Washington, Missouri, Colorado, and Indiana statutes).
- Successfully represented multinational cloud computing company and secured favorable class settlement, with no admission of wrongdoing, resolving TCPA and Maryland mini-TCPA claims for a gross amount of $5.06 per class member.
- Provided pre-litigation compliance counseling to numerous companies in connection with potential text messaging, calling, and faxing projects. Examples include assisting fast-food chain with development of TCPA-compliant procedures in connection with text messaging project and advising genomic testing company in connection with potential faxing and text messaging projects.
California Invasion of Privacy Act
- Motion to dismiss granted in a class action filed against an app developer claiming an app functioned as a tracking device. Theories included alleged violations of the California Invasion of Privacy Act, Cellular Communications Interception Act, California Constitution, Intrusion Upon Seclusion, and California Consumers Legal Remedies Act.
- Demurrer granted in California Invasion of Privacy Act class action against national retailer.
- Resolved California Invasion of Privacy Act class action pre-discovery on favorable terms.
Transportation-Related Consumer Disputes
- Summary judgment granted in favor of tolling authority in consolidated class action (which originated as three separate class actions) alleging excessive fines under the U.S. Constitution. Prior to summary judgment, obtained dismissal of nearly all theories alleged against tolling authority, including under the New York General Business Law, secured voluntary dismissal of claims against affiliated authority, and obtained bifurcation of merits and class discovery.
- Voluntary dismissal of class action alleging misclassifications against a tolling authority following filing of motion to dismiss.
- Motion to dismiss granted in favor of public transportation authority in class action alleging violations of the Fair and Accurate Credit Transactions Act.
- Resolved tolling-related disputes against tolling authority on favorable terms.
Consumer Collection, Financial, and Credit-Related Claims
- Secured pre-discovery voluntary dismissal in class action alleging Fair Credit Report Act violations.
- Secured voluntary dismissal of arbitration claims against a creditor premised on violations of the Fair Debt Collection Practices Act, Florida Consumer Collection Practices Act, and TCPA after successfully opposing the claimant's bid for summary disposition.
- Successfully defended Fair and Accurate Credit Transactions Act class action that was voluntarily dismissed and no longer pursued following removal to federal court.
- Successfully defended creditor and resolved case on favorable terms alleging California Rosenthal Fair Debt Collection Practices Act and Fair Debt Collection Practices Act claims.
- Successfully defended creditor and resolved case alleging Texas Debt Collection Act claim on favorable terms.
Email Consumer Claims
- Defended several cases alleging violations under California Business and Professions Code § 17529.5 and resolved them on favorable terms.
- Resolved several Section 17529.5 claims pre-litigation on favorable terms.
- Advised health clinic regarding email best practices to limit potential exposure.
Other Consumer and Privacy Class Actions
- Resolved Americans with Disabilities Act class action on favorable terms to our client.
- Resolved Biometric Information Privacy Act class action on favorable terms following early challenge to the named plaintiff's adequacy.
Securities
- Managed litigation (including numerous FINRA arbitrations) for four independent broker-dealers.
- Advised clients in connection with SEC and FINRA exams and inquiries.
- Represented a federal equity receiver pursuing claims against former officers, directors, and auditors associated with a Ponzi scheme.
Other Litigation
- Represented software company in a breach of contract dispute and recovered settlement on their behalf.
- Successfully defended medical technology company in product liability litigation relating to EMS supplies and surgical tools.
- Represented company shareholders in connection with dispute over dissolution of company. Prevailed on demurrer and having all claims against shareholders (including fraud) dismissed with prejudice. The dismissal resulted in favorable resolution of one remaining claim against a corporate entity.
- Second-chaired trial for declaratory relief involving assignment of a lease and prevailed motion for non-suit.
viewpoints
TCPA Class Action Update – Trending: Courts Holding Plaintiffs to Their Word
October 22, 2018 | Article | By Esteban Morales
The trend is clear – regardless of the jurisdiction, post Reyes an increasing number of courts are willing to hold plaintiffs to their word. Given the expense of defending a TCPA class action and its potential exposure, the safest course for creditors and other businesses receiving a do-not-call request is to halt communication. Enterprising professional plaintiffs, however, may find creative ways to “revoke” consent (such as with a fax in Medley) that may go unnoticed. The trend in decisions like Reyes, Barton, Harris, Few, and Medley, however, provides peace of mind allowing businesses to rely on prior agreements memorializing consent.
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TCPA Class Action Update: Circuit Split Further Entrenches TCPA Landscape
September 20, 2018 | Article | By Crystal Lopez, Esteban Morales
In May 2018, the D.C. Circuit set aside the FCC’s “unreasonably expansive interpretation” of what equipment constitutes an automatic telephone dialing system (“ATDS”). See ACA International v. Federal Communications Commission, No. 15-1211 at 5 (D.C. Cir. 2018). The FCC’s 2015 promulgations broadly interpreted the TCPA’s statutory language, subjecting “ordinary calls from any conventional smartphone to the Act’s coverage.” Id. at 5. This unconfined interpretation caused TCPA lawsuits and settlement figures to skyrocket. After ACA Int’l, technology needs to actually generate telephone numbers to qualify as an ATDS. In this post-ACA landscape, at least eight district courts have held that the FCC’s expansive rulings on the TCPA have been vacated.
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TCPA & Consumer Calling Digest – September 2018
September 20, 2018 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Radhika Bhat, Crystal Lopez, Esteban Morales
In this issue, we look at industry comments on the FCC’s report on robocalling and efforts to urge the agency to reconsider its reassigned numbers database proposal. In addition, we examine a recent circuit split on what constitutes an automatic telephone dialing system (ATDS) in the Third and Ninth Circuits and what that means for TCPA defendants. The split follows the D.C. Circuit’s May 2018 decision in ACA International v. Federal Communications Commission, which set aside the FCC’s “unreasonably expansive interpretation” of what constitutes an automatic telephone dialing system.
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TCPA & Consumer Calling Digest - August 2018
August 13, 2018 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Radhika Bhat, Crystal Lopez, Esteban Morales
This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call-blocking and methods to eliminate illegal robocalls.
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TCPA & Consumer Calling Digest - July 2018
July 18, 2018 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Radhika Bhat, Crystal Lopez, Esteban Morales
This issue includes an update on activity at the FCC, specifically the agency’s progress in evaluating comments received in several ongoing TCPA proceedings. In addition, in our Class Action Update, we look at the current understanding of what constitutes an ATDS and why, in the wake of ACA International, it may be more difficult for plaintiffs to demonstrate that the companies they are suing used ATDS devices.
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TCPA & Consumer Calling Digest - June 2018
June 11, 2018 | Article | By Joshua Briones, Alexander Hecht, Russell Fox, Radhika Bhat, Crystal Lopez, Esteban Morales
In this issue, we look at recent TCPA-related activity at the FCC, including the agency’s reevaulation of some TCPA rulings as well as a notable fine levied against a robocaller for malicious spoofing. In addition, in our Class Action & Litigation Update, we look at recent district court rulings offering different interpretations of what constitutes an ATDS, and consider where this split between the circuits leaves TCPA defendants.
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TCPA Class Action and Litigation Update: Autodialers in the Ninth Circuit — Strategies and Considerations in Light of ACA and Crunch
May 14, 2018 | Article | By Esteban Morales
As we wrote in a previous post, on March 16, 2018 the US Court of Appeals for the District of Columbia Circuit released its highly anticipated decision in ACA International v. Federal Communications Commission. Among other things, the DC Circuit set aside the Commission’s explanation of which devices qualified as Automatic Telephone Dialing Systems under the Telephone Consumer Protection Act. Though the decision has been out for less than two months, courts in the Ninth Circuit have taken notice.
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TCPA & Consumer Calling Digest - May 2018
May 14, 2018 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Radhika Bhat, Crystal Lopez, Esteban Morales
This month we consider the Ninth Circuit’s pending Crunch ruling and how the decision may affect parties defending TCPA cases. You’ll find the story in our Class Action & Litigation Update. Our Legislative Update offers a quick review of the recent US House and Senate hearings on illegal robocalls. For a roundup of TCPA-related developments at the FCC, please see our Regulatory Update.
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TCPA Judicial Update: “You're Only Half Right!” - D.C. Court Sets Aside Commission’s Ruling on Two Issues, Upholds its Position on Two Others
March 20, 2018 | Article | By Joshua Briones, Russell Fox, Esteban Morales
The U.S. Court of Appeals for the District of Columbia released its long-awaited opinion on the Telephone Consumer Protection Act (“TCPA”), reversing in part and upholding in part the Federal Communications Commission (“FCC”) 2015 TCPA Declaratory Ruling and Order (“2015 R&O”).
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The Indians may win the World Series, but what will become of their brand?
November 2, 2016 | Blog | By Joshua Briones, Esteban Morales, Crystal Lopez
The Cleveland Indians are back in the World Series for the first time in nineteen years, and with it have come renewed protests over the team’s name and Chief Wahoo logo, a depiction some consider a highly offensive caricature.
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News & Press
Mintz Member Esteban Morales Named 2024 “Lawyer on the Fast Track” by The Recorder
September 11, 2024
Mintz Member Esteban Morales was named a 2024 “Lawyer on the Fast Track” by The Recorder in its 2024 California Legal Awards. The award recognizes “the next generation of legal leaders under the age of 40.”
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
Seven Mintz attorneys were recognized in Benchmark Litigation’s 2024 “40 & Under List” which spotlights the “top emerging talent in litigation” who are 40 years old and under. The annual “40 & Under List” is compiled through peer and client review, as well as consideration of individual cases.
Mintz Member Esteban Morales has been recognized by Los Angeles Business Journal in its 2024 “Leaders of Influence: Litigators & Trial Attorneys” list which recognizes lawyers who “go to the proverbial mat to fight for their clients,” according to the publication.
Think Twice Before Hitting 'Send' After 9 at Night
January 4, 2024
The Daily Business Review recently published an article written by Member Esteban Morales addressing the growing trend of litigation under the Florida Consumer Collection Practices Act (FCCPA) concerning billing-related emails sent outside regular business hours.
Mintz Announces Record Member Growth in 2023
December 22, 2023
Mintz proudly announced the election of 13 attorneys to Members and the addition of a record-setting 22 new lateral Members in 2023, with 11 Partners in the newly opened Toronto office. This diverse group strengthens Mintz’s core areas, spanning Commercial and IP Litigation, Life Sciences, Tech, Private Equity, and Energy & Sustainability. The elevated Members and new lateral additions bring invaluable expertise to help clients navigate complex legal landscapes.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
Robotext Scam Bill Could Transform TCPA Landscape
September 16, 2022
Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.
2021 Trends in Bet-the-Company Class Actions
January 5, 2022
Managing Member of Mintz's Los Angeles Office Joshua Briones and Members Todd Rosenbaum and Arameh O'Boyle co-authored an article published by Corporate Counsel summarizing major developments for consumer class actions in 2021, many of which they wrote will carry over into 2022. The article included extensive contributions from Associates Crystal Lopez, Esteban Morales, and Adam Korn.
2020 Trends in Bet-the-Company Class Actions
January 6, 2021
Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associates Esteban Morales and Adam B. Korn co-authored an article published by Corporate Counsel examining major developments in high-stakes class action litigation in 2020. Notably, the authors wrote that courts have also begun to lay the groundwork for additional developments in 2021.
Preparing for COVID-19 Biometric Litigation
July 16, 2020
Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associates Esteban Morales and Adam Korn co-authored an article published by Risk Management that examined how businesses collecting and/or utilizing individual’s biometric data in response to the COVID-19 crisis might prepare for and protect themselves from potential litigation.
Covid-19 and Class Actions
May 1, 2020
Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associate Esteban Morales co-authored a Bloomberg Law Professional Perspective column on covid-19-related class actions.
Citrix Telemarketing Row Stayed For High Court TCPA Ruling
April 24, 2020
Law360 reported that a Mintz litigation team won a Motion to Stay on behalf of its client, software provider Citrix, in a putative class action case alleging that the company conducted illegal telemarketing calls. The decision will put the case on hold to await the U.S. Supreme Court’s decision in Barr v. American Association of Political Consultants Inc., in which oral arguments are scheduled to take place remotely on May 6.
The California Consumer Privacy Act takes effect in about eight months, but amendments are expected. An April hearing on a bill that would expand the private right of action and remove compliance opportunities for businesses showed it needs to be carefully followed, say Mintz attorneys Joshua Briones, Esteban Morales and Matthew Novian.
The Latest On Article III Standing In False Ad Class Actions
December 14, 2018
This Law360 Expert Analysis column discusses how an earlier Ninth Circuit decision – which provided a clear rule regarding plaintiffs' standing to assert claims concerning products they did not purchase – has been used to defeat defendants’ motions to dismiss. A team of Mintz attorneys including Member Joshua Briones and Associates Esteban Morales and Nicole Ozeran authored the piece.
An Opportunity To Slow The Rise Of Securities Class Actions
November 8, 2018
This Law360 "Expert Analysis" piece discusses Lorenzo v. U.S. Securities and Exchange Commission — a significant securities fraud case before the U.S. Supreme Court —which is likely the first of many opportunities the court will have to roll back expansive interpretations of securities law and deter plaintiffs from filing low-quality complaints. A team of Joshua Briones, Esteban Morales and Matthew Novian authored the column.
BART Derails App User's Data-Collection Class Action
December 15, 2017
Joshua Briones, a Managing Member in Mintz’s LA office and Esteban Morales, an Associate in that office, provided comment to a Law360 article looking at a class action suit against BART, California’s public transportation systems.
The Drone Slayer and Private Property
June 2, 2017
Mintz's Joshua Briones, Esteban Morales, and Natalie Prescott authored an article in The Daily Journal covering a Kentucky federal court dismissal of a lawsuit brought by a drone pilot against the “Drone Slayer.”
An Update On Drone Privacy Concerns
October 5, 2016
Joshua Briones, a Managing Member in Mintz’s Los Angeles office; Esteban Morales, an Associate in that office; and Natalie Prescott, an Associate in Mintz’s San Diego office, authored this Law360 article discussing the new legal challenges presented by drones.
Mintz and Ansell Grimm & Aaron, P.C., have achieved a dismissal – among the first of its kind – on behalf of Work Out World, which faced a class action alleging violations of the Telephone Consumer Protection Act and attempting certification of a nationwide class.
Member Joshua Briones and Associate Esteban Morales authored this National Law Journal article on the reality of automated vehicles or self-driving cars expectation that product liability and privacy cottage industries will develop to respond to malfunctioning autonomous technology in the future.
Joshua Briones, Managing Member in Mintz’s Los Angeles office, and Associates Esteban Morales and Crystal Lopez, authored this Inside Counsel article covering three U.S. Supreme Court decisions in separate Telephone Consumer Protection Act TCPA class action cases.
Events & Speaking
Moderator
Panelist
Apr
9
2024
LeadsCon 2024 – Reimagining Lead Gen: Legal Insights for Today’s Product Builders
Paris Hotel & Casino, Las Vegas
Speaker
Panelist
Speaker
Nov
17
2021
Mintz’s Annual Developing Trends in Bet-the-Company Class Actions 2021 Edition
Mintz Webinar
Los Angeles
Panelist
Panelist
Speaker
Speaker
Speaker
Dec
5
2017
West Coast Director Education Forum
American College of Corporate Directors
Renaissance Hotel at Los Angeles International Airport, Los Angeles, CA
Panelist
Apr
10
2017
Guide to Consumer Communications and Compliance: TCPA, FDCPA, CAN-SPAM, and CIPA
IAPP KnowledgeNet CLE
SDG&E Energy Innovation Center 4760 Clairemont Mesa Blvd. San Diego, CA
Speaker
Read less
Dec
11
2016
Publications
- Author, Think Twice Before Hitting 'Send' After 9 at Night, ALM Daily Business Review (January 2024)
Recognition & Awards
Best Lawyers of America Ones to Watch - Mass Tort Litigation / Class Actions - Defendants (2021-2025)
Best Lawyers in America "Ones to Watch": Litigation - Banking and Finance (2024-2025)
Southern California Super Lawyers Rising Star: Class Action (2018-2020)
Recipient of Public Counsel Law Center Children's Rights Project Award
Los Angeles Business Journal Leaders of Influence: Litigators & Trial Attorneys (2024)
Benchmark Litigation: 40 & Under Hot List (2024)
Recent Insights
Telephone and Texting Compliance News — October 2024
October 31, 2024| Article|
