What Is a Class Member?

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What Is a Class Member?

A Class Member is a person or entity who belongs to a specific group that is directly affected by allegations against a defendant in a class action lawsuit.

When a class action lawsuit is filed, the plaintiff files it on behalf of a proposed Class that was affected by some harmful action or omission by a defendant. However, members of the proposed Class do not actually become Class Members until a judge says so. The plaintiff must convince the judge that Class certification is appropriate.

Two important factors must be met before a judge will approve a Class: the case must be appropriate to handle as a class action lawsuit (instead of an individual lawsuit) and the lead plaintiff must be an appropriate representative for the Class.

How Does a Judge Decide if a Class Should Be Certified?

To meet the requirements for Class certification, there must be a large enough number of affected individuals that it’s impractical for each of them to bring their own individual lawsuit, and there must be questions of law that are common to each Class Member. That means the injury suffered by each Class Member must be pretty much the same.

When a court grants Class certification, it must also approve a plaintiff as a Class representative. This means a judge has to find that the lead plaintiff has made allegations that will apply to the Class as a whole, and that the lead plaintiff will be able to fairly and adequately protect the interests of the Class Members.

It is important to note here that once a person or entity falls under the definition of a Class Member for a class action lawsuit, their legal rights are affected. Depending on the type of class action lawsuit, a Class Member may have to opt-in to be included.

In most cases, a Class Member will be included whether or not they take any action. This means that, if the outcome of the case is decided through trial or a settlement, the Class Members will be unable to take action against the defendant or defendants for the same legal issue (unless they opt out of the class action lawsuit).

How Do I Know if I’m a Class Member?

When a class action lawsuit is certified, the judge will provide a Class Definition. The Class Definition will explain who may qualify to benefit from the class action lawsuit.

In most class action lawsuits, it is easy to figure out who belongs in the Class. For example, if your current cable company is named as the defendant, the company will be able to identify you in their system and notify you about your status as a Class Member.

For class action lawsuits involving minor purchases, such as a box of cereal or can of tuna, it is pretty much impossible for companies to identify every single consumer who purchased the product. In these cases, a court typically orders the defendant to notify Class Members through advertisements. These notices are often posted in magazines, newspapers and online.

Top Class Actions is another great resource for consumers who want to be informed about class action lawsuits for which they may qualify. We post information about the latest consumer class action lawsuits that have been filed and settled.

Sign up for our newsletter to stay updated on the latest class action news, or take a look at our Open Settlements to find out if you qualify for any. We’ll let you know if you need to take action to receive compensation or other benefits from a class action lawsuit.

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• How Do I Join a Class Action Lawsuit?
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