INTERVIEWS / Peng Shao / CONSUMER PROTECTION
When does an unfair experience become a provable consumer case?
Peng Shao began in plaintiffs’ class action litigation, later defended corporations and financial institutions at a large firm, and now handles consumer protection at R23 Law. His questions extend beyond whether a customer was treated unfairly: What obligation was breached, what evidence exists, and what procedure can provide relief? We asked him about credit files, billing disputes and collective proceedings. This written interview was completed in October 2026.
Separate a grievance from a provable claim
Q:What do you ask when evaluating a claim against a bank?
The first thing I do is put myself in the defendant's shoes. We don't just ask whether the consumer was treated unfairly. We ask whether the institution violated a specific legal obligation, whether we can prove it, what defenses are available, and how the case is likely to develop. There's a big difference between a legitimate grievance and a viable lawsuit.
We also look closely at the economics. Litigation is expensive, and consumers may not be able to spend tens of thousands of dollars pursuing a modest loss. Consumer-protection statutes with fee-shifting provisions can make representation possible for people who otherwise could not afford to challenge a major bank.
Q:How do research and federal-court experience shape your handling of evidence?
Scientific research teaches discipline: develop a hypothesis, test it against the evidence and accept that the initial theory might be wrong. You don't get to change the data because you dislike the results. Working behind the federal bench also taught me that judges do not have unlimited time to decipher unnecessarily complicated arguments.
The most effective attorneys identify the dispositive issues and explain them clearly. Being aggressive does not mean being the loudest person or filing the longest brief. Preparation, judgment and understanding where you have leverage matter, especially when the evidence is buried in account histories, electronic records and regulatory requirements.
Preserve records and watch the deadlines
Q:How can name variations mix credit files, and what should consumers keep?
Chinese names can be transliterated differently, family and given names can be reversed, and immigrants may adopt English names while using original names on official documents. When agencies and institutions rely on imperfect identifiers, these variations can contribute to mixed credit files. Someone else's delinquent accounts may then become associated with a consumer's history.
Preserve complete credit reports, identification, account statements and every piece of dispute correspondence. Document the consequences too: credit denials, unfavorable financing terms or other financial harm. Language and cultural barriers can make it harder to challenge an institution; consumers still need access to the same protections.
Q:Why might a customer-service call be insufficient for a billing error?
Under the Fair Credit Billing Act, consumers generally have to provide written notice of a billing error within 60 days after the creditor sends the first statement containing it to preserve the statutory billing-error procedures. People often assume a call and a case number are enough. That isn't necessarily true. Unauthorized electronic fund transfers involve different rules under the Electronic Fund Transfer Act and Regulation E.
Act promptly, put the dispute in writing through the appropriate channels and preserve everything. Don't assume the bank's initial decision is necessarily correct. Seek advice early where significant sums are involved. Many consumer statutes allow prevailing consumers to recover reasonable attorneys' fees; the availability depends on the applicable law.
Small individual losses, broader patterns
Q:How do class actions and mass arbitration differ?
Imagine a bank improperly charging a $30 fee to a million customers. Few people would hire an attorney over $30, but collectively it is $30 million. Class actions aggregate claims so consumers can seek relief together. Many agreements, however, contain arbitration clauses and class action waivers.
Mass arbitration developed partly in response: instead of one class action, consumers bring many individual arbitration claims arising from similar conduct. These are different procedures, with different economics. The task is to identify a broader pattern and the procedural strategy that offers a meaningful opportunity for relief.
Q:What does accountability mean beyond recovering money?
Our first obligation is to the client. The objective may be recovering money, correcting inaccurate information, obtaining compensation or a combination of those things. Not every individual lawsuit needs to become a campaign to reform the financial industry.
At the same time, businesses respond to economic incentives. They consider compliance costs, the likelihood of litigation, potential damages and defense expenses. Meaningful financial consequences for violations can change those calculations and create an incentive to improve practices.
From research to both sides of a dispute
Q:How did science and work outside law influence your career?
Before law school, I conducted scientific research that resulted in publications and worked in industries ranging from medicine to hospitality. What attracted me to law was the combination of intellectual competition, strategy and the opportunity to make a tangible impact. Litigation rewards the ability to absorb information and identify what matters.
Research taught me to question assumptions, evaluate evidence and recognize patterns. Work outside law also gave me perspective: the world doesn't revolve around lawyers. Running a firm adds another dimension, because it involves building an organization, managing people and making decisions beyond an individual case.
Q:What did work for plaintiffs and corporate defendants each teach you?
I began in plaintiffs' class action litigation, moved into a large firm defending corporations and financial institutions, and now run a consumer-protection firm. On the plaintiffs' side I learned to identify misconduct and develop cases affecting many consumers. On the defense side I learned how institutions assess litigation risk and prepare defenses.
Large institutions are sued regularly; a lawsuit alone is not necessarily frightening. They take well-developed claims seriously. I am not interested in assuming every bank is wrong. I want to identify cases where the law and the evidence establish that it is wrong, and then hold it accountable.