FAQs about Class Action Lawsuits | Weisberg Cummings (2024)

It’s fair to say that most people have heard ofa class-action lawsuit. Media regularly cover large class-action suits especially when they concern large companies, like the recent class-action lawsuit against Volkswagen fortampering with its emission controlsor a drug manufacturer whose product causes much more harm than good to anyone using it.

A lot of questions, however, remain around class-action lawsuits for most people. What exactly is a class action lawsuit? How do they get started? How do you start one or join one? Who can you talk to about class-action lawsuits? If you’re approached about joining a class-action lawsuit, is it in your best interest to do so?

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Frequently Asked Questions (FAQ) for Class-Action Lawsuits

Our goal with this Frequently Asked Question (FAQ) list is to answer many of these commonly asked questions and help you determine if you are a good fit for either joining a class-action lawsuit or starting one. Here’s what you need to know about class-action lawsuits:

What Is a Class-Action Lawsuit?

When many people have been harmed by the actions of an organization or company in a very similar way, they can start a class-action lawsuit.

For instance, many women contracted an autoimmune disease after they received a silicone breast implant. After they joined together, these women filed a class-action lawsuit. Ultimately, the manufacturer of thesilicone breast implants settled for $3.4 billion.

Other well-known class-action lawsuits include:

• Brown v. Board of Education
• Agent Orange litigation brought by Vietnam veterans in the 70s and 80s
• A lawsuit related to the Deepwater Horizon oil spill, which damaged fisheries and other industries in the Gulf of Mexico
• Litigation surrounding the data breach at Target stores in which hackers stole personal information of millions of customers
• A lawsuit in which Wells Fargo’s customers alleged that the bank forced them to buy unnecessary auto insurance
• Litigation brought by sales employees of Hewlett-Packard, who claimed they were not being paid properly by the company’s payroll management system
• Lane v. Facebook in 2007, which was related to Facebook’s use a program named “Beacon” to monitor and share users’ information without their approval.

In each case, a group of people who felt harmed by the actions of the defendant joined together to launch a class-action lawsuit.

What Types of Cases Can Become Class-Action Lawsuits?

All class-action lawsuits involve claims for damages by many people that frequently involve one of the following causes:

• A product normally used by consumers that is defective or dangerous
• A work-related issue such as background check mistakes or unpaid overtime
• Investors misled by fraudulent information
• Consumers targeted by fraudulent business practices

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What Are the Advantages of a Class-Action Lawsuit?

When you think about the class-action lawsuits mentioned above, they provide great examples of several benefits of filing a class-action lawsuit:

• It would have been extremely costly and difficult for individuals harmed by the actions of any of these defendants to file a claim on their own
• If every one of the individuals involved in the class-action lawsuits mentioned above had filed claims on their own, courts would had to deal with hundreds of thousands of claims which would’ve taken many, many years to resolve
• In many of these cases, the companies admitted that mistakes were made and/or they settled with the injured individuals for millions or billions of dollars
• While the injured individuals received compensation for their efforts, by launching class-action lawsuits they often also forced these companies to improve their products and/or the way they interact with customers

Can I Join a Class Action?

Anyone can join a class-action lawsuit if they believe that they have been injured, either financially or physically, in the way the lawsuit alleges by the actions of the defendant. Technology has made it much easier for individuals to discover if class-action lawsuits are underway that may include them. Here are two ways to find out about class-action lawsuits:

1. Class-Action Websites

Several websites provide updated information about current class-action lawsuits and investigations. There are literally dozens of class actions taking place at any given time across the United States. These websites won’t provide you with legal advice, but they will give you as much information as possible, such as how to join a class-action lawsuit, and suggest that you contact a licensed attorney as soon as possible. You can find these websites by searching for “list of class-action lawsuits.”

2. Online Check

Individuals can also use the internet to do an online search to see if there are any class-action lawsuits that might involve them. For instance, if you have a defective product like a car, enter the model, the year and the phrase “class-action” into the search box. If any class action exists about that product, you will also find information about how you can join that class-action.

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How Do I Start My Own Class-Action Lawsuit?

If you believe that you have been hurt, physically or financially or suffered a loss in any way that you think may be common to other people, you may have the beginnings of a class-action lawsuit

While anyone can start a class-action lawsuit, it is crucial to talk to a class-action attorney if you wish to do so. Class-action lawsuits can be very complicated. The attorney will help you determine if you have the basis for a class action by reviewing the four prerequisites with you:

• Numerosity, or that there are so many people affected in the same way that it would be impossible for them to file individually or join their individual cases
• The factual and legal issues must be common to all of the people who would be involved in a class-action lawsuit
• One individual (perhaps you) has a case that is similar to the claims of all the other individuals in the case
• That one individual can fairly represent the interests of all the individuals involved in the case

Your lawyer will then help you determine other important information you should know before starting a class-action lawsuit. They will go over whether the potential reward is large enough to justify a class-action lawsuit, what the resources of the defendant in a class-action lawsuit are and whether you should become the lead plaintiff.

Who Do I Contact for Class-Action Lawsuits?

You can contact your attorney and ask them if they are interested in representing you in a class-action lawsuit. If not, they will likely refer you to attorneys who specialize in this area or in a specific type of class-action lawsuits such as class action employment lawsuits.

If you want to find out about joining a class-action lawsuit, consider using online searches as described above to gather information about current class-action lawsuits.

How Is a Class-Action Lawsuit Different From a Regular Lawsuit?

In a class-action lawsuit, a group of people suffering similar injuries (either physical or financial) join together to file a claim against a common defendant. If they succeed in their class-action lawsuit or if a settlement is reached before going to court, any awards are divided among members of the group.

A regular lawsuit only has one plaintiff, and if a judge or jury awards damages, all those damages go to the single plaintiff.

So, for instance, a group of people could file a class-action lawsuit against the provider of a medical device that injured them all in a similar way. A single plaintiff might file a lawsuit against a doctor or a hospital for malpractice.

How Do I Become the Lead Plaintiff in a Class-Action Lawsuit?

The lead plaintiff, who is also known as the class representative or the named plaintiff, represents everyone in a class-action lawsuit who has suffered similar physical or financial injuries. There can be more than one lead plaintiff. Once you have hired an attorney to act as the class action lawyer, you should discuss with them whether you should be the lead plaintiff.

The lead plaintiff has several important additional duties the other individuals taking part in the class-action lawsuit don’t have:

• They hire a class-action attorney
• They file the lawsuit against the defendant with the help of the attorney
• They consult with the attorney on the case
• They provide the attorney with evidence and are often deposed or give testimony in court
• If there is a settlement, they must agree to the terms

The lead plaintiff often receives a larger share of any final award. The judge or jury has the power to grant the lead plaintiff a larger share depending on the role that they played in the class-action and the severity of their injuries.

How Long Do Class-Action Lawsuits Typically Take?

The length of class-action lawsuits vary. Some class actions last months, and some take many years. In general, most class action lawsuits are settled within two to three years, although they can take longer if an appeal if the defendant makes an appeal.

Sometimes companies will settle quickly, especially if they know they are in the wrong and want to avoid negative publicity. On other occasions, companies with deep pockets will fight a class-action lawsuit for years. The class action concerning the Exxon Valdes oil spill in Alaskalasted 26 years before a settlementwas reached in 2015.

Is My Complaint Too Small for a Class-Action Lawsuit?

After you hire a class-action lawyer, one of the first things the lawyer will do is work with you to determine if your complaint is too small for a class-action lawsuit.

If your injury is too “individual,” it may be difficult to find other people with similar injuries caused by a product or a company. Or while there may be other people who have suffered in similar ways, there may not be enough to have your class-action lawsuit certified

Another factor may be the financial resources of a possible defendant. Would the potential financial reward be worth the time and effort involved?

How Is a Class-Action Lawsuit Certified?

Not every class-action lawsuit is automatically certified by a judge. After a hearing and according to federal rules,the judge needs to find:

1. Numerosity

The class is so large that joinder of all class members is not practical

2. Commonality

Questions of facts or laws are common to the class.

3. Typicality

Any claim made by the lead plaintiff(s) is typical of the claims made by the entire class.

4. Adequacy

The lead plaintiff(s) will adequately and fairly protect the entire classes’ interests.

If the judge finds all these conditions are met, they will certify the class action.

How Many Plaintiffs Are Required to Start a Class Action?

There are no hard and fast set rules about “numerosity” when it comes to the actual number of plaintiffs needed to certify a class-action lawsuit. Most judges will certify a class action lawsuit if there are 40 or more plaintiffs involved. If there are 20 or fewer plaintiffs, the class action will likely not meet the numerosity rule for certifying a class-action lawsuit.

Certifying a class-action lawsuit that has between 20 and 40 plaintiffs is often left to the discretion of the judge.

In 2005, Congress enacted theClass Action Fairness Act, which allows many larger class actions (those with at least 100 plaintiffs and claims in aggregate of at least $5 million) to be heard in federal court. Critics of the Act contend that it made it much harder for plaintiffs to sue large corporations.

Do All Plaintiffs Need to Have the Same Claim to Start a Class-Action Lawsuit?

Yes, all plaintiffs in the class-action lawsuit must have suffered the same injuries (either physical or financial) or very similar injuries to be included in a class-action lawsuit.

Who Are Representative Plaintiffs?

A class-action can also be called a representative action. The representative plaintiff is also known as the lead plaintiff or the named plaintiff.

What Are Sub-Classes in a Class Action?

Federal rules allow a class to bedivided into sub-classes when appropriate. For instance, again taking the example of a defective medical product, the class action can be divided into sub-classes when certain members of the class want different kinds of relief, such as damages for one group or medical monitoring for another group. Sub-classes can also be used to deal with state laws that apply substantially different requirements to different groups.

The problem with having too many sub-classes, however, is that it may lead a judge to believe that commonality cannot be established and, therefore, not certify the class action or decertify it.

What Do I Do After Receiving a Notice for a Class-Action Claim?

Many times people may not even be aware that they are members of class-action lawsuits. This is often the case when the class action involves large organizations. The first thing you should do if you receive a notice of a class-action lawsuit is review the material.

The document that you receive will explain why the class action is being taken and how you are involved. This could involve your membership in an organization or the fact that you’ve purchased something from a specific company and that you have suffered an “injury” because of your membership or purchase. In a class-action employment lawsuit, you might receive a notice if you were an employee of the company in question.

Often you don’t need to do anything to become a participant in the class-action lawsuit. If you do so, however, you give up your rights to pursue individual action against the defendant. In other cases, you will need to opt in or opt out of the class-action lawsuit. The letter that you receive will explain your options for how to proceed and how to opt in or opt out of the lawsuit.

For instance, some letters contain a box that you need to check to opt in or out of the class-action lawsuit. You must then mail the form back to the address provided. These forms may be confusing, and it is often advisable to consult with an experienced attorney to ensure you understand the consequences of returning, or not returning, the forms.

What Evidence Is Needed to Start a Class-Action Lawsuit?

If you believe you been injured financially or physically by the wrongful actions of a government entity, a corporation or any business, or by a defective product, contact a class-action lawyer. That lawyer will then review your case with you and determine the legal and factual issues at hand, if you have evidence to support these legal and factual issues and if the legal and factual issues affect other potential plaintiffs.

Once your attorney has determined whether you should file a class-action lawsuit, you and your attorney will then decide whether you will be the lead plaintiff. Your attorney will then draft a class-action complaint that details the events that led to the financial harm or caused your injury.

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What Can I Do If I Lose My Class-Action Suit?

If you lose a class-action lawsuit, you will not receive any compensation for the injuries that you have suffered. By joining the class-action, you also surrender your right to sue the defendant individually. Therefore it’s crucial to think about whether you want to join a class-action lawsuit or opt out and pursue damages individually.

What Are the Risks of a Class-Action Lawsuit?

The risk of a class-action lawsuit is that if you lose, you will not receive any compensation for your injuries. If you win, however, you will receive a financial or other non-monetary award.

Can I Opt Out of a Class-Action Lawsuit?

Yes. There are two good reasons to opt-out of a class-action lawsuit.

• After reviewing the materials, you may decide that the lawsuit has nothing to do with you
• After consulting with a lawyer, you determined that your chances of compensation are greater if you pursue the case individually rather then as part of a class action

How Do I Collect My Class-Action Settlement?

If you are not the lead plaintiff in a class-action lawsuit, and the lawsuit is settled in favor of the plaintiffs, youmay or may not be aware thatyou have been awarded damages. In some cases, you will receive a letter or an email notifying you of the award and how you can collect it. In other cases, there are just too many plaintiffs for the lawyers involved in the case to notify them that they are eligible to receive an award.

If you’ve been a plaintiff in a class-action lawsuit, and you are not aware of any settlement, search online for news on the class-action or visit the class-action websites mentioned above that list ongoing class actions, investigations and settlements. These websites also often have instructions on how you can claim your share of the award.

If You Have Suffered Injury at the Hands of Your Employer, Contact the Experienced Lawyers at Weisberg Cummings P.C.

If you believe that your employer has unfairly discriminated against you or injured you in any other way and you are considering a lawsuit, speak with one of our employment attorneys at Weisberg Cummings P.C.

We’re experienced withclass-action employment lawsuits in PAand can provide you with the information and advice you need. Our class-action lawyers will review the details of your case, determine the important factual and legal issues and help you decide whether a class-action lawsuit is the best way to proceed.

You can call us at 855-716-2367 for a free consultation. Or you can visitour contact us pageand fill out our convenient online form where you can leave us some details about your case and the best ways to reach you. Evening or weekend appointments can be made upon request.