For over 30 years, online consumer surveys have contributed to litigation matters across a variety of case types on issues relating to consumer preferences, likelihood of confusion, and willingness to pay.
Failure to adhere to best practices in the design and implementation of an online survey, however, can expose both an expert and the survey itself to scrutiny that can undermine the admissibility of expert testimony.
This CRA Insights takes stock of courts’ current approaches to survey criticisms by highlighting rulings in three 2024 court cases in which surveys put forth were criticized along several dimensions. The insight concludes by discussing big-picture takeaways.
