IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

M.G., through his father and legal guardian

BARTOSZ GRABOWSKI, individually and on

behalf of all others similarly situated,

Plaintiff, 

v. 

TIKTOK INC. and BYTEDANCE, INC., 

Defendants. 

Case No.: 1:20-cv-04699

MDL No: 2948

This Document Relates to All 

Cases

DECLARATION OF PHILIP 

L. FRAIETTA IN SUPPORT 

OF APPLICATION FOR 

APPOINTMENT AS CLASS 

COUNSEL

Case: 1:20-cv-04699 Document #: 56 Filed: 09/08/20 Page 1 of 7 PageID #:1129
1

I, Philip L. Fraietta, declare as follows:

1. I am a partner at Bursor & Fisher, P.A. (“Bursor & Fisher”). I am an attorney at 

law licensed to practice in the State of New York. I have personal knowledge of the facts set 

forth in this declaration and, if called as a witness, I could and would testify competently thereto.

I make this declaration in support of the Plaintiff’s Motion for Appointment of Class Counsel. 

2. Attached hereto as Exhibit A is a true and correct copy of the Firm Resume of my 

law firm, Bursor & Fisher, P.A. The attorneys at my law firm have represented both plaintiffs 

and defendants in more than 100 class-action lawsuits in state and federal courts throughout the 

country in a variety of fields, including data privacy, home appliances, dietary supplements, 

pharmaceuticals, telecommunications, residential mortgage foreclosures, online social 

networking sites and others. We have been court-appointed to represent purchasers of Avacor, 

Xenadrine, LG refrigerators, and Crest toothpaste products, Bell & Howell pest repellers, 

Maytag washing machines as well as customers of AT&T Wireless, Cingular Wireless, TMobile, CitiMortgage, MyLife.com, Michaels Stores, Facebook and Hyland’s homeopathic cold 

and flu remedies, among many others. We also negotiated and obtained court-approval for two 

landmark settlements in Nguyen v. Verizon Wireless and Zill v. Sprint Spectrum (the largest and 

second largest classes ever certified, respectively). These settlements required Verizon and 

Sprint to open their wireless networks to third-party devices and applications. Moreover, in 

Hendricks v. StarKist Co., No. 13-cv-00729-HSG (N.D. Cal.), Bursor & Fisher crafted a 

settlement plan that resulted in the nationwide submission of over 2.4 million claims from class 

members, the largest number of claims ever submitted in the history of Rule 23 class actions. 

3. On November 21, 2011, my firm obtained class certification and was appointed 

class counsel in In re Pacific Bell Late Fee Litig., No. MSC 10-00840 (California Superior 

Case: 1:20-cv-04699 Document #: 56 Filed: 09/08/20 Page 2 of 7 PageID #:1130
2

Court, Contra Costa County), representing a class of three million California residents who paid 

late fees to PacBell for wireline telephone services. Also, in 2013, my firm negotiated and 

earned preliminary approval for a $38 million nationwide class settlement in that case. Bursor & 

Fisher has won many contested class certification motions, including winning a motion to certify 

a nationwide class of purchasers of Capatriti 100% Pure Olive Oil, a motion to certify New York 

and California classes of purchasers of Scotts Turf Builder EZ Seed, and most recently a motion 

to certify nationwide class of purchasers of Bell & Howell ultrasonic pest repellers. Ebin v. 

Kangadis Food Inc., 297 F.R.D. 561 (S.D.N.Y. Feb. 25, 2014); In re Scotts EZ Seed Litig., 304 

F.R.D. 397 (S.D.N.Y. Jan. 26, 2015); Hart v. BHH, LLC, 2017 WL 2912519, at *9 (S.D.N.Y. 

July 7, 2017). 

4. Bursor & Fisher also has an active civil trial practice, having won multi-million 

dollar verdicts or recoveries in six of six civil jury trials since 2008. For example, while serving 

as lead trial counsel in Thomas v. Global Vision Products, Inc., our named partners, Scott Bursor 

and Tim Fisher, obtained a $50 million jury verdict in favor of the plaintiff and class. In another 

example, in Ayyad v. Sprint Spectrum, L.P., Bursor & Fisher obtained a $299 million trial verdict 

for a class of Sprint customers on a claim for unjust enrichment. In McMillion v. Rash Curtis & 

Associates, Bursor & Fisher won a class action jury trial for claims under the Telephone 

Consumer Protection Act and secured a $267 million judgment.

5. Since December 2010, Bursor & Fisher lawyers have been court-appointed Class 

Counsel or Interim Class Counsel in:

i. O’Brien v. LG Electronics USA, Inc. (D.N.J. Dec. 16, 2010) to represent a 

certified nationwide class of purchasers of LG French-door refrigerators,

ii. Ramundo v. Michaels Stores, Inc. (N.D. Ill. June 8, 2011) to represent a certified 

nationwide class of consumers who made in-store purchases at Michaels Stores 

using a debit or credit card and had their private financial information stolen as a 

result, 

Case: 1:20-cv-04699 Document #: 56 Filed: 09/08/20 Page 3 of 7 PageID #:1131
3

iii. In re Haier Freezer Consumer Litig. (N.D. Cal. Aug. 17, 2011) to represent a 

certified class of purchasers of mislabeled freezers from Haier America Trading, 

LLC, 

iv. Rodriguez v. CitiMortgage, Inc. (S.D.N.Y. Nov. 14, 2011) to represent a certified 

nationwide class of military personnel against CitiMortgage for illegal 

foreclosures, 

v. Rossi v. The Procter & Gamble Co. (D.N.J. Jan. 31, 2012) to represent a certified 

nationwide class of purchasers of Crest Sensitivity Treatment & Protection 

toothpaste, 

vi. Dzielak v. Whirlpool Corp. et al. (D.N.J. Feb. 21, 2012) to represent a proposed 

nationwide class of purchasers of mislabeled Maytag Centennial washing 

machines from Whirlpool Corp., Sears, and other retailers,

vii. In re Sensa Weight Loss Litig. (N.D. Cal. Mar. 2, 2012) to represent a certified 

nationwide class of purchasers of Sensa weight loss products,

viii. In re Sinus Buster Products Consumer Litig. (E.D.N.Y. Dec. 17, 2012) to 

represent a certified nationwide class of purchasers,

ix. Ebin v. Kangadis Food Inc. (S.D.N.Y. Feb. 25, 2014) to represent a certified 

nationwide class of purchasers of Capatriti 100% Pure Olive Oil, 

x. Forcellati v. Hyland’s, Inc. (C.D. Cal. Apr. 9, 2014) to represent a certified 

nationwide class of purchasers of children’s homeopathic cold and flu remedies, 

xi. Ebin v. Kangadis Family Management LLC, et al. (S.D.N.Y. Sept. 18, 2014) to 

represent a certified nationwide class of purchasers of Capatriti 100% Pure Olive 

Oil,

xii. In re Scotts EZ Seed Litig. (S.D.N.Y. Jan. 26, 2015) to represent a certified class 

of purchasers of Scotts Turf Builder EZ Seed,

xiii. Dei Rossi v. Whirlpool Corp., et al. (E.D. Cal. Apr. 28, 2015) to represent a 

certified class of purchasers of mislabeled KitchenAid refrigerators from 

Whirlpool Corp., Best Buy, and other retailers,

xiv. Hendricks v. StarKist Co. (N.D. Cal. July 23, 2015) to represent a certified 

nationwide class of purchasers of StarKist tuna products,

xv. In re NVIDIA GTX 970 Graphics Card Litig. (N.D. Cal. May 8, 2015) to

represent a proposed nationwide class of purchasers of NVIDIA GTX 970

graphics cards,

xvi. Melgar v. Zicam LLC, et al. (E.D. Cal. March 30, 2016) to represent a certified 

ten-jurisdiction class of purchasers of Zicam Pre-Cold products,

xvii. In re Trader Joe’s Tuna Litigation (C.D. Cal. December 21, 2016) to represent

purchaser of allegedly underfilled Trader Joe’s canned tuna,

xviii. In re Welspun Litigation (S.D.N.Y. January 26, 2017) to represent a proposed

nationwide class of purchasers of Welspun Egyptian cotton bedding products,

xix. Retta v. Millennium Products, Inc. (C.D. Cal. January 31, 2017) to represent a

certified nationwide class of Millennium kombucha beverages,

xx. Moeller v. American Media, Inc., (E.D. Mich. June 8, 2017) to represent a class of

magazine subscribers under the Michigan Preservation of Personal Privacy Act,

xxi. Hart v. BHH, LLC (S.D.N.Y. July 7, 2017) to represent a nationwide class of

purchasers of Bell & Howell ultrasonic pest repellers,

Case: 1:20-cv-04699 Document #: 56 Filed: 09/08/20 Page 4 of 7 PageID #:1132
4

xxii. McMillion v. Rash Curtis & Associates (N.D. Cal. September 6, 2017) to

represent a certified nationwide class of individuals who received calls from Rash

Curtis & Associates,

xxiii. Lucero v. Solarcity Corp. (N.D. Cal. September 15, 2017) to represent a certified

nationwide class of individuals who received telemarketing calls from Solarcity

Corp.,

xxiv. Taylor v. Trusted Media Brands, Inc. (S.D.N.Y. Oct. 17, 2017) to represent a

class of magazine subscribers under the Michigan Preservation of Personal

Privacy Act,

xxv. Gasser v. Kiss My Face, LLC (N.D. Cal. Oct. 23, 2017) to represent a proposed

nationwide class of purchasers of cosmetic products,

xxvi. Gastelum v. Frontier California Inc. (S.F. Superior Court February 21, 2018) to

represent a certified California class of Frontier landline telephone customers who

were charged late fees,

xxvii. Williams v. Facebook, Inc. (N.D. Cal. June 26, 2018) to represent a proposed

nationwide class of Facebook users for alleged privacy violations,

xxviii. Ruppel v. Consumers Union of United States, Inc. (S.D.N.Y. July 27, 2018) to

represent a class of magazine subscribers under the Michigan Preservation of

Personal Privacy Act,

xxix. Bayol v. Health-Ade (N.D. Cal. August 23, 2018) to represent a proposed

nationwide class of Health-Ade kombucha beverage purchasers,

xxx. West v. California Service Bureau (N.D. Cal. September 12, 2018) to represent a

certified nationwide class of individuals who received calls from California

Service Bureau,

xxxi. Gregorio v. Premier Nutrition Corporation (S.D.N.Y. Sept. 14, 2018) to represent

a nationwide class of purchasers of protein shake products,

xxxii. Moeller v. Advance Magazine Publishers, Inc. d/b/a Condé Nast (S.D.N.Y. Oct. 

24, 2018) to represent a class of magazine subscribers under the Michigan

Preservation of Personal Privacy Act,

xxxiii. Bakov v. Consolidated World Travel Inc. d/b/a Holiday Cruise Line (N.D. Ill. 

Mar. 21, 2019) to represent a certified class of individuals who received calls 

from Holiday Cruise Line,

xxxiv. Martinelli v. Johnson & Johnson (E.D. Cal. March 29, 2019) to represent a 

certified class of purchasers of Benecol spreads labeled with the representation 

“No Trans Fat,”

xxxv. Edwards v. Hearst Communications, Inc. (S.D.N.Y. April 24, 2019) to represent a

class of magazine subscribers under the Michigan Preservation of Personal

Privacy Act,

xxxvi. Galvan v. Smashburger (C.D. Cal. June 25, 2019) to represent a proposed class of 

purchasers of Smashburger’s “Triple Double” burger,

xxxvii. Kokoszki v. Playboy Enterprises, Inc. (E.D. Mich. Feb. 7, 2020) to represent a

class of magazine subscribers under the Michigan Preservation of Personal

Privacy Act,

xxxviii. Russett v. The Northwestern Mutual Life Insurance Co. (S.D.N.Y. May 28, 2020)

to represent a class of insurance policyholders that were allegedly charged

unlawful paper billing fees,

Case: 1:20-cv-04699 Document #: 56 Filed: 09/08/20 Page 5 of 7 PageID #:1133
5

xxxix. In re: Metformin Marketing and Sales Practices Litigation (D.N.J. June 3, 2020)

to represent a proposed nationwide class of purchasers of generic diabetes

medications that were contaminated with a cancer-causing carcinogen,

xl. Hill v. Spirit Airlines, Inc. (S.D. Fla. July 21, 2020) to represent a proposed

nationwide class of passengers whose flights were cancelled by Spirit Airlines

due to the novel coronavirus, COVID-19, and whose tickets were not refunded,

xli. Kramer v. Alterra Mountain Co. (D. Colo. July 31, 2020) to represent a proposed

nationwide class of purchasers to recoup the unused value of their Ikon ski passes

after Alterra suspended operations at its ski resorts due to the novel coronavirus,

COVID-19,

xlii. Qureshi v. American University (D.D.C. July 31, 2020) to represent a proposed

nationwide class of students for tuition refunds after their classes were moved

online by American University due to the novel coronavirus, COVID-19,

xliii. Hufford v. Maxim Inc. (S.D.N.Y. Aug. 13, 2020) to represent a class of magazine

subscribers under the Michigan Preservation of Personal Privacy Act,

xliv. Desai v. Carnegie Mellon University (W.D. Pa. Aug. 26, 2020) to represent a

proposed nationwide class of students for tuition refunds after their classes were

moved online by Carnegie Mellon University due to the novel coronavirus,

COVID-19,

xlv. Heigl v. Waste Management of New York, LLC (E.D.N.Y. Aug. 27, 2020) to

represent a class of insurance policyholders that were allegedly charged unlawful

paper billing fees.

6. Bursor & Fisher has conducted an extensive pre-filing investigation of potential 

claims arising from Defendants’ practice of compiling, storing and disclosing consumers’ 

biometrics.

7. As part of our pre-suit investigation, Bursor & Fisher performed the following 

work: (a) Investigated potential legal claims arising from Defendants’ alleged practice of 

collecting, storing and using consumers’ biometric identifiers and biometric information; (b) 

analyzed numerous articles describing Defendants’ challenged conduct; (c) reviewed 

Defendants’ websites; (d) researched Defendants’ corporate structures; (e) researched the 

relationship between the Defendants; (f) investigated the nature of the challenged conduct at 

issue here by interviewing dozens of potential clients; (g) investigated the adequacy of the named 

Plaintiff to represent putative classes; and (h) drafted and filed the Complaint in this action.

Case: 1:20-cv-04699 Document #: 56 Filed: 09/08/20 Page 6 of 7 PageID #:1134
Case: 1:20-cv-04699 Document #: 56 Filed: 09/08/20 Page 7 of 7 PageID #:1135