CLASS ACTION LAWSUITS:
UNDERSTANDING THE BASICS
A class action lawsuit is a type of litigation in which a large number of parties collectively join together as plaintiffs to bring a claim. Most often, the lawsuit will be filed by one or more representative plaintiffs who will act on behalf of the larger group. Here are key things to understand about the basics of class action litigation:
Certification of Class
Action Lawsuits
Before a lawsuit can proceed as a class action, the court must certify it. A court will not automatically certify a proposed class action. The certification process involves the evaluation of several factors, including: 1) Whether there are enough plaintiffs to make individual lawsuits impractical, 2) Whether the claims are common to the class, and 3) Whether the representative parties will adequately protect the interests of the class. Only after meeting these prerequisites can certification occur.
Eligibility for Class Action
Litigation (Joining a Lawsuit)
To join a class action lawsuit, an individual must have suffered the same type of harm or damages as the other members of the class. Often, potential members are notified through mail, email, or advertisements and are given the option to opt in or opt-out. Notably, some class actions require individuals to actively join, while others automatically include individuals unless they opt out.
The Right of the Class
Members
Once part of a class action, members have certain rights. They are entitled to a portion of any settlement or award, but in return, they give up the right to sue individually for the same issue. Class members also have the right to be informed about the progress of the case and can voice opinions regarding any proposed settlement. You can always hire your own class action litigation attorney.