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Consumer Behavior Expert Witnesses

Litigation involving consumer behavior typically arises in trademark, trade dress, and false advertising disputes where the central question is how consumers actually perceive a brand, product, or marketing claim. Disputes commonly involve trademark and trade dress infringement claims turning on whether consumers are likely to be confused between competing products, false advertising and unfair competition claims over whether marketing claims created a misleading impression, and brand dilution disputes over whether a junior mark weakens the distinctiveness of an established brand. Retailers and consumer packaged goods companies also face disputes over survey methodology used to measure consumer perception, confusion, or purchasing intent in litigation. The central issue in these matters is typically whether consumer perception, confusion, or decision-making was accurately measured and reflects the claims at issue.

Consumer behavior experts help attorneys evaluate these disputes by designing and critiquing consumer surveys and applying established consumer psychology research to the marketing, packaging, or claims at issue. Their analysis can determine whether a survey measuring consumer confusion or brand association was properly designed and executed, whether marketing claims were likely to create a false or misleading impression among reasonable consumers, and whether a brand's distinctiveness has been diluted by a competitor's use of a similar mark. This work supports liability and damages positions in trademark, trade dress, and false advertising disputes, and it can substantiate or rebut opposing survey evidence on methodological grounds.

Because consumer behavior disputes often turn on survey design and methodology, the right expert typically combines academic consumer psychology credentials with direct experience designing and defending litigation surveys. Round Table Group's consumer behavior network includes chaired marketing professors and consumer psychology scholars who have authored leading textbooks in the field, served as officers of professional consumer research societies, and testified extensively on consumer confusion, brand dilution, and deceptive advertising. Round Table Group has completed more than 75,000 expert searches for litigators, and we apply that experience to connect counsel with consumer behavior experts whose survey methodology holds up under Daubert scrutiny. Let us help you find the right consumer behavior expert for your case by calling us at (202) 908-4500.

Kinds of Cases We Work On

Round Table Group helps our clients find a wide variety of Consumer Behavior expert witnesses for cases like:

01

The Willingness-to-Pay Study Missed the Mark.

A software company sued the market research firm it had retained to run a willingness-to-pay conjoint study ahead of launching a new premium pricing tier after actual conversion to the tier came in far below the study's projections, forcing the company to abandon the pricing structure within months of launch. We identified experts with experience in conjoint analysis methodology, willingness-to-pay research design, and consumer pricing behavior research. The expert's review of the study's survey instrument found it had presented the premium tier's features in a way that overstated their perceived value relative to how the tier was actually marketed at launch, supporting the company's professional negligence claim in a substantial settlement.
02

The Package Redesign Didn't Stand Out.

A consumer packaged goods company sued the package design testing firm it had retained after a redesigned product line, certified by the firm's eye-tracking study to substantially improve shelf visibility, saw no measurable increase in shelf engagement following a nationwide retail rollout. We identified experts with experience in eye-tracking research methodology, shelf visibility and package design testing, and consumer attention measurement. The expert's review of the firm's original study found the testing had been conducted using a simulated shelf display far less cluttered than the actual retail environment, supporting the company's claim in a substantial settlement.
03

The Planogram Didn't Move Product.

A grocery retailer sued the shopper insights consulting firm it had retained to redesign shelf planograms across a major product category after the recommended layout produced a sustained decline in category sales across the retailer's stores, contrary to the firm's projected sales lift. We identified experts with experience in shopper behavior analytics, planogram design methodology, and retail category management research. The expert's review of the firm's underlying shopper data found the recommended layout had been modeled on purchase patterns from a demographically different customer base, supporting the retailer's professional negligence claim in a substantial settlement.
04

The Cancellation Flow Triggered Complaints.

A subscription software company sued the user experience consultancy it had hired to redesign its account cancellation flow after the redesigned flow, intended to reduce voluntary churn, instead generated a wave of customer complaints and regulatory inquiries alleging the flow made cancellation unreasonably difficult to complete. We identified experts with experience in consumer choice architecture, dark pattern and user experience research, and subscription cancellation flow design standards. The expert's review of the redesigned flow found several steps inconsistent with the consultancy's own stated design principles for transparent, low-friction cancellation, supporting the software company's claim in a substantial settlement.
05

The Taste Test Didn't Predict Sales.

A beverage company sued the market research firm it had retained to run consumer taste tests ahead of a major product reformulation after the reformulated product, which the firm's testing had shown outperforming the original formula, saw sales fall sharply following a full market rollout. We identified experts with experience in sensory and taste testing methodology, consumer product research design, and focus group sampling practices. The expert's review of the firm's taste panel found it had recruited participants disproportionately drawn from a demographic that did not reflect the brand's actual core customer base, supporting the beverage company's claim in a substantial settlement.
06

The Market Share Data Was Wrong.

A consumer packaged goods manufacturer sued its syndicated market data provider after relying on the provider's category market share figures to negotiate shelf space and trade terms with a major retail chain, only to discover the figures had been calculated using a product classification that excluded a significant share of the manufacturer's own sales. We identified experts with experience in syndicated retail panel data methodology, product category classification standards, and consumer packaged goods market measurement. The expert's reconciliation of the provider's raw sales data against the manufacturer's own shipment records confirmed the classification error, resulting in a favorable arbitration award for the manufacturer.
07

The Enrollment Nudge Didn't Nudge Anyone.

An insurance company sued the behavioral design consultancy it had retained to redesign its benefits enrollment portal using choice architecture principles intended to increase opt-in rates for a supplemental coverage option, after the redesigned portal produced no measurable increase in enrollment across a full renewal cycle. We identified experts with experience in choice architecture and nudge design, default option and framing effect research, and enrollment decision behavior analysis. The expert's review of the redesigned portal found the framing changes had been applied inconsistently across enrollment channels, undermining the nudge's intended effect, supporting the insurance company's claim in a substantial settlement.
08

The Review Campaign Backfired Badly.

An e-commerce brand sued the reputation management firm it had retained to run a customer review solicitation campaign after independent analysis found the campaign's messaging had disproportionately prompted dissatisfied customers to leave reviews, lowering the brand's average product rating and measurably depressing conversion rates on its product pages. We identified experts with experience in online review influence research, consumer review behavior analysis, and e-commerce conversion rate measurement. The expert's review of the campaign's targeting logic found it had inadvertently prioritized customers with recent support tickets, a group statistically more likely to leave negative reviews, supporting the brand's claim in a substantial settlement.
09

The Eye-Tracking Study Missed the Users.

A financial services company sued the user experience research firm it had retained to justify a major website redesign after the redesign, supported by the firm's eye-tracking study showing improved attention to key call-to-action elements, produced a substantial drop in completed applications following launch. We identified experts with experience in eye-tracking usability research methodology, website conversion behavior analysis, and user experience testing standards. The expert's review of the firm's study protocol found the eye-tracking sessions had used a desktop-only test environment despite most of the company's actual traffic arriving on mobile devices, supporting the company's claim in a substantial settlement.
10

The Anchor Prices Weren't Real.

A retail chain sued the pricing consultancy it had retained to design a promotional pricing strategy using reference-price anchoring after a state consumer protection investigation found the "original" prices displayed alongside sale prices had rarely, if ever, reflected actual prior selling prices, exposing the retailer to regulatory penalties the consultancy's recommended methodology had allegedly created. We identified experts with experience in reference pricing and anchoring research, consumer pricing perception studies, and retail pricing compliance standards. The expert's review of the consultancy's methodology found it had explicitly recommended reference prices set well above any price the retailer had actually charged, supporting the retailer's professional negligence claim in a substantial settlement.

Here are a few of our favorite Consumer Behavior Expert Witnesses:

New York Consumer Psychology Expert #54448

This sample expert has over 20 years of experience, and specializes in the field of marketing, consumer behavior, and consumer psychology with specific knowledge in the areas of trademark infringement, trade dress infringement, brand dillution, consumer comprehension, consumer decision making, consumer confusion, consumer experiments and consumer surveys. Published on such topics as consumer decision making, consumer judgment, consumer feelings and emotions, consumer confusion about source, brand sponsorship, and sponsorship confusion. Testified 8 times on topics such as consumer confusion, brand strength, brand dillution, and design and validity of consumer surveys. This expert is a chaired professor at a business school, very well cited and respected as a consumer research scholar, and a past President of the Society for Consumer Psychology.

 

Texas Consumer Behavior Expert #1709

I have 25 years of experience, and specialize in the field of consumer behavior with specific knowledge in the areas of consumer confusion, data collection and marketing. I have published on such topics as compulsive shopping, materialism and self-control.

 

Consumer Behavior Expert #2478

I have 20 years of experience and specialize in the field of consumer psychology with specific knowledge in the areas of decision making, preferences and choice. I have published on such topics as decison making, consumer preferences and consumer choice. I have testified on decision making, intellectual property, and brand and trademark infringement.

 

Connecticut Consumer Behavior, Data Analysis Expert #4193

I have 25 years of experience, and specialize in the field of marketing with specific knowledge in the areas of survey research, consumer research and information responses. I have published on such topics as information search, consumer decision making and global marketing. I have had 2 Fulbright Awards.

 

Pennsylvania Marketing, Consumer Behavior Expert #4267

I have 25 years of experience, and specialize in the field of marketing with specific knowledge in the areas of consumer behavior, retailing and advertising. I have published on such topics as branding, online consumer behavior and services marketing. I have testified on Lanham Act infringement, store image and consumer research. I am the author of the most widely-used textbook on consumer behavior in the world.

 

Your Case Deserves The Best Consumer Behavior Expert Witnesses

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The right expert witnesses and consulting experts can make your case. That’s why we have spent so many hours over the past quarter century making sure our clients have just the right expert team — whether one expert or many, early-stage advice or expert reports and testimony. Across over 50,000 expert search assignments, we have honed a unique, customized approach to identifying, analyzing and connecting with expert talent so you can focus on winning your case.

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Texas Consumer Behavior, Trademark Expert #9878

I have 30 years of experience, and specialize in the field of consumer behavior with specific knowledge in the areas of branding, trademarks and retailing. I have published on such topics as brand equity, trademark dilution and consumer price judgments. I have a broad background of experience and education with 13 years of retail industry experience before I obtained my PhD in business administration with a major in marketing and a minor in experimental statistics.

 

Missouri Consumer Behavior, Retail Issues Expert #13409

I have 14 years of experience, and specialize in the field of marketing with specific knowledge in the areas of trademarks, deceptive advertising and branding. I have published on such topics as consumer behavior, marketing and branding. I have testified 10 times on topics such as trademark infringement, deceptive advertising and survey methodology. A 2009 study published in a major journal found that I am the one of the top productive marketing professors in the world in terms of my publications.

 

Ohio Consumer Behavior, Advertising Expert #17642

I have 22 years of experience in the field of marketing, with specific knowledge of consumer behavior, advertising and decision making. I have published on such topics as consumer behavior, advertising and decision making.

 

New York Consumer Behavior, Depression Expert #17854

I have 7 years of experience and specialize in the field of consumer behavior, with specific knowledge of Internet use, e-commerce and e-health. I have published on such topics as spam e-mail, Internet information use and depressiion. My research has been featured nationally and internationally on television, radio, newspapers, and magazines.

 

Nevada Consumer Behavior, Expert #17930

I have 22 years of experience, and specialize in the field of marketing with specific knowledge in the areas of consumer behavior, consumer memory and arousal response to advertising. I have published on such topics as consumer memory, arousal response to fear appeals and female role portrayals in advertising. I have 22 years of academic experience and an extensive publication record. A recent ranking study of advertising scholarship placed me within the top 3% of advertising scholars in the country.

 

Colorado Consumer Behavior Expert #18413

I have 17 years of experience in the field of marketing, with specific knowledge of services marketing, marketing management and marketing campaigns. I have published on such topics as experiential education, marketing education and preparing college students for the “real working world.”

 

California Advertising, Consumer Behavior Expert #19535

I have 20 years of experience in the field of marketing, with specific knowledge of advertising, trademarks and consumer behavior. I have published on such topics as marketing, advertising and consumer behavior. I have testified 8 times on topics such as intellectual property rights, trademark confusion and contract violation.

 

Texas Consumer Behavior Expert #20316

I have 15 years of experience and specialize in the field of organizational psychology, with specific knowledge of consumer behavior and human mating behavior. I have published on such topics as consumer behavior.

 

Massachusetts Consumer Behavior, Retailing Expert #20854

I have 15 years of experience in the field of marketing, with specific knowledge of services, retailing and psychology. I have published on such topics as affect and consumer behavior, and competitive advantage in retail and service experience.

 

Tennessee Advertisting, Consumer Behavior Expert #20918

I have 6 years of experience in the field of marketing, with specific knowledge of advertising, psychology and e-commerce. I have published on such topics as e-commerce, advertising and retailing.

 

Pennsylvania Consumer Behavior Expert #21820

I have 30 years of experience in the field of marketing with specific knowledge of advertising and marketing communications, retailing and tourism marketing. I have published on such topics as enterprise software solutions, the impact of gasoline prices on convenience store consumer spending habits, and acculturation and diversity. I have testified on tourism and attractions marketing and management, as well as enabling legislation for a statewide hospitality tax.

 

Texas Consumer Behavior, Advertising Expert #22218

I have 20 years of experience, and specialize in the field of marketing with specific knowledge in the areas of consumer behavior, advertising and brand names. I have published on such topics as phonetic symbolism of brand names, bilingual advertising processing and the effectiveness of cigarette warning labels aimed at teens. I prepared an expert witness report in a deceptive advertising case involving misleading advertising copy. The case was resolved outside of court.

 

Consumer Behavior, Situation Expert #23460

I have 6 years of experience and specialize in the field of consumer behavior, with specific knowledge of consumer behavior, social psychology and marketing. I have published on such topics as social influence and consumer behavior, consumer behavior and mood, and corporate social responsibility.

 

Texas Merchandising, Consumer Behavior Expert #23894

I have 6 years of experience in the field of retailing, with specific knowledge in the areas of consumer behavior and multi-channel retailing. I have published on multi-channel retailing.

 

North Carolina Consumer Behavior, Research Expert #24911

I have 15 years of experience in the field of marketing, with specific knowledge of consumer behavior, marketing research and marketing management. I have published on such topics as purchasing and selling behaviors, negotiation strategies and marketing higher education.

 

New York Franchising, Consumer Behavior Expert #26208

I have 16 years of experience in the field of marketing, with specific knowledge of franchising, consumer behavior and marketing research. I have published on such topics as franchising, consumer behavior and international marketing.

 

Arizona Consumer Behavior Expert #26606

I have 15 years of experience and specialize in the field of consumer behavior and marketing with specific knowledge in the areas of the impact of technology on marketplace relationships, brand communities and collaborative value creation, and integrated marketing communication strategy. I have published on such topics as value creation in brand-centered communities, marketing strategy and consumer-generated advertising.

 

California Consumer Behavior, Pricing, Expert #31187

I have 10 years of experience in the field of marketing, with specific knowledge of pricing, consumer behavior and Internet pricing. I have published on such topics as pricing, Internet pricing and consumer behavior.

 

Consumer Behavior Expert #34981

I have 20 years of experience in the field of market research, with specific knowledge of consumer behavior, sociology and ethnography. I have published on such topics as youth research and consumption patterns.

 

Consumer Behavior Expert #36624

I have 18 years of experience and specialize in the field of marketing with specific knowledge in the areas of consumer behavior, branding and advertising. I have published on such topics as consumer perception and choice, strategic brand positioning and perceived value. I have testified on consumer shopping behavior, brand perceptions and brand positioning strategies.

 

Consumer Behavior Expert #38624

I have 4 years of experience and specialize in the field of economics, with specific knowledge of consumer behavior, business strategy and policy. I have published on such topics as consumer willingness to pay, certification and productivity growth.

 

Arizona Consumer Behavior Expert #39598

I have 20 years of experience and specialize in the field of psychology and business with specific knowledge in the areas of statistical analyses, decision making and teams. I have published on such topics as goal setting, decision making and consumer behavior.

 

New York Marketing, Consumer Behavior Expert #39951

I have 20 years of experience, and specialize in the field of marketing with specific knowledge in the areas of consumer studies, merchandising and internships.

 

California Consumer Behavior Expert #47519

I have 30 years of experience and specialize in the field of marketing with specific knowledge in the areas of consumer behavior, advertising, and marketing communication and branding. I have published on such topics as advertising and marketing communication, branding and marketing research. I have testified 40 times on topics such as deceptive advertising and unfair business practices, the likelihood of consumer confusion and branding.

 

California Consumer Behavior Expert #49940

I have 21 years of experience, and specialize in the field of consumer behavior with specific knowledge in the areas of advertising, youth and urban consumers, and consumer influence. I have published on such topics as animosity in global product purchase and consumer financial knowledge. I have testified on youth-targeted cigarette ads.

 

Put Our Consumer Behavior Expert Network to Work for You

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Our huge network of experts – eminent university professors and practitioners who have achieved renown as thought leaders in their fields – combined with unparalleled research capabilities puts the experts you need at your disposal when and where you need them.

If you’re a litigator or general counsel, we want to put this network to work for you and your clients. Let us know how we can help by calling us at (202) 908-4500 or filling out the form on this page. We’re so confident you’ll love what we do that unless you retain an expert we present there’s no charge!

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Questions Attorneys Ask About Consumer Behavior Expert Witnesses:

A consumer behavior expert becomes relevant once a case turns on how consumers actually perceive a brand, product, or marketing claim — for example, in a trademark or trade dress infringement dispute over likelihood of confusion, a false advertising claim, or a brand dilution dispute.
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