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Class action lawsuits allow multiple consumers to seek compensation at the same time for various alleged harms, saving themselves and the courts time, money and resources.
Filing a class action lawsuit, for example, can allow a court to hear a claim made on behalf of potentially millions of consumers at once.
Common consumer class action complaints often revolve around allegations related to issues such as product defects, data breaches or illegal communication, among other things.
Pros and cons exist to filing a class action lawsuit
There are several pros and cons of filing a class action lawsuit, meanwhile, with perhaps the most significant benefit being — once again — the court being able to hear claims on behalf of multiple plaintiffs at once.
A disadvantage of filing a class action lawsuit, on the other hand, is that each individual class member will not have as much of a say in the outcome of a complaint as they would if they had filed a claim on their own.
Class members, meanwhile, may also be looking for a different type of compensation than what is generally included in a settlement agreement, such as cash or some other form of financial compensation.
Class action lawsuits differ from individual lawsuits
There are several things to keep in mind when differentiating between a lawsuit and a class action lawsuit with the latter carrying more weight since it affects multiple individuals at once.
A standard lawsuit, on the other hand, involves either a single or small group of plaintiffs who believe they have been wronged by a business, person or other entity, but aren’t bringing the complaint on behalf of a broader class.
Similar to a class action lawsuit, regular lawsuits can also end in a settlement agreement which is often made in order to avoid continuing litigation or going to trial.
The process of filing a class action lawsuit starts with a single plaintiff or group of plaintiffs bringing claims against a business, person, or other entity on behalf of themselves and other individuals who are similarly situated.
The defendant named in the class action lawsuit will then have a chance to respond to the allegations being brought against it.
A judge will ultimately decide whether or not to grant class certification to the class action lawsuit,with the decision based on whether they believe the potential class members were similarly injured in a way to justify consolidation.
‘Number of reasons’ for filing a class action lawsuit
There are also a number of reasons why a consumer would decide to file a class action lawsuit, including if the issue — however small — is widespread enough that it has affected a large number of individuals.
Other reasons for filing a class action lawsuit are to hold a company accountable for committing wrongdoing against consumers and because, typically, a class action lawsuit won’t cost a plaintiff any money.
Class action attorneys typically will work on what is known as a contingency fee, meaning they don’t get paid unless they win the case, at which point their payment comes in the form of attorney fees following either a trial or a class action settlement agreement.
Almost anyone can file a class action lawsuit, meanwhile, including individuals who have been physically or financially harmed by a company and who believe others have been similarly injured or mistreated.
A single individual is all it takes to file a class action lawsuit and can receive additional compensation in the form of an award for being the class representative.
Attorneys and law firms which specialize in class action lawsuits are also available to help consult with potential plaintiffs and will often offer a free consultation.
Contacting an attorney is the first step a consumer will need to take when deciding to file a class action lawsuit.
Choosing the right attorney important when filing a class action lawsuit
It is important for consumers looking for an attorney to represent them in a class action lawsuit to make sure they have a good track record of success with the specific type of complaints being made.
Consumers will also want to ensure the attorney they choose has sufficient resources to take on the class action lawsuit as well as enough — and correct — experience.
While there is no exact number needed to file a class action lawsuit, a consumer who files the complaint must be able to show that a large number of individuals were similarly affected.
The official legal requirement for a class action lawsuit says that a plaintiff must be able to show that a class will be large enough that it would be difficult or unreasonable to try the claims on an individual basis.
A consumer who wants to be part of a class action lawsuit can either be a lead plaintiff or a class member with the latter being able to join a complaint in the event class certification is granted.
Class members don’t have to worry about testifying during class action litigation
In addition to being free to join a class action lawsuit, class members often will not even need to provide a proof-of-purchase or similar documentation to benefit from a potential class action settlement.
Class members involved in a class action lawsuit will also not need to worry about having to testify in court; however, there can be an option to speak in the event of a final fairness hearing for a class action settlement.
In the event a class action lawsuit is unsuccessful, class members will not receive any compensation for the damages they claimed to have incurred but will not have to worry about having to pay for any of the defendant’s legal fees.
Have you been involved in a class action lawsuit or class action settlement? Let us know in the comments!
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5 thoughts onClass actions 101: Filing a class action lawsuit
Regarding the GOOGLE Play Store class action idea, I would love to be contacted by an attorney to pursue this. Please contact me at carlottabuttons@gmail.com
I think it’s about time that there was a class action against GOOGLE for having apps in the play store that have LUDICROUSLY DECEPTIVE CLAIMS about cash payments that the app will give you. In some cases the apps claim to give $50 and $100 “directly to your cash app or PayPal just for downloading”. These apps are numerous and frequently show people flopping around in a pile of millions of dollars, fanning thick handfuls of 100s, counting out 2 and 3 thousand dollar sums claiming to have won it playing the game that in reality NEVER EVER WILL GIVE ANYONE EVEN $1. The playable demos of these games will be so absurdly misleading that each tap will generate a “cha-ching” cash register noise along with an additional $20-100 shown being accumulated for every tap in your “cash app” total winnings at the top of the screen. After about 30seconds the demo shows the total saying “if you were playing the game we would be sending you this much!” With some unrealistic amount shown in hundreds of dollars. The game itself in reality will be nothing like the demo and will absolutely NEVER make any payments to anyone, usually using some sort of points conversion scoring that simply stops awarding whatever you are collecting just before the threshold of the minimum required to cash out.
These games are a menace and must be stopped. The apps are all from tiny companies that cannot be held responsible easily however GOOGLE can be and they do not remove the apps in a timely manner after being repeatedly notified of their violation of play store policies the apps will remain available for download for months. Many of them have in app purchases enabled that entice people to buy extra things to “help them win or have more chances to play” all to try to obtain cash prizes that are impossible to obtain and never come.
Can we file a class action suit for parking meter tickets
I would like to file a class action against Rent-A-Tire. Please contact me regarding specifics of case. Name is Ashley McDaniel @602-796-5796.
If a service provider is charging me and a bunch of others for services and they cannot provide the breakdown of how they get those numbers, what exactly do we have to do to find out why are we being charged for sewer and water at an extreme rate!! And over night it hops over 100%% but nothing changed in your house hold. And yet they still can’t tell me why I’m being charged so much. They also have a class action lawsuit in California btw