Consumer Class Actions | nhlawoffice.com

What Exactly is a Class Action?

A class action lawsuit is filed when a person acts as the plaintiff in a lawsuit represents a larger group of people that have similar legal claims against a particular defendant.

Why File a Case as a Class Action Lawsuit?

Class actions enable a large group of people similarly injured to have their claims joined together in a single lawsuit. In cases where individual damages maybe small compared to the cost of a lawsuit so that by themselves it would not make sense to bring a case on their own.

What are the Obligations of Class Members in a Class Action Lawsuit?

Class members are under no legal obligations other than to be truthful in the submission of their claim forms. They are not responsible for paying any fees or costs associated with the lawsuit. Generally, class members are not called upon to assist in any way with the litigation although they may voluntarily offer information to the legal counsel representing the class in order to help the class’ claims. Class member may also “opt out” of the resolution of a class action lawsuit even after the case has been settled or otherwise concluded. In the event that class members do not like the proposed resolution or wish not to be involved with the action, they may usually exclude themselves from the class at the appropriate time set by the court. One exception to this general rule is the case where it is established by the court that there are limited funds available to resolve the lawsuit. In this unfortunate situation, the court will not allow any class members to opt out because the court will not allow any further lawsuits against the broke defendant. Still, no class member is ever forced to do anything in a class action. A class member even in a nonopt out class action can decide not to participate however, when they do opt out, they must realize that they are precluded from further pursuing any of their claims against the defendant(s).

How is a Class Member Informed of His or Her Rights?

If the court allows a case to proceed as a class action, the court authorizes a notice to be sent to class members informing them of their rights. The court will order the best and most practicable method of notice, which is often an advertisement in a newspaper, a first-class mailing or both. Recently, the court has also approved and encouraged the use of internet websites to serve as an additional means of dissemination of the notice information. Accordingly, a class member may search the internet to find out about class action resolutions and related information. However, in order to insure that you receive notice, you may register your claim with the plaintiffs’ attorneys representing the class, who will send registered class members individual communications regarding the lawsuit.

Why and How Does a Class Member Register a Claim?

Class members who register their claim will be assured of receiving notice directly from the lawyers representing the class if the court grants class certification to the lawsuit. Also, all registered class members can receive periodic status reports on the progress of the case. Registration also helps the lawyers from the class explain to the court why class certification is necessary (i.e., there are numerous claimants) and it provides a statistical basis for trying to determine the total number of class members and the amount of proceeds necessary to resolve the case. Finally, registered class members will have advance knowledge of when a case is resolved, and therefore they will be able to situate themselves to take quicker advantage from the resolution.

What Do I Do If I Think I May Have a Class Action Against a Company?

You should contact us immediately. Many of our class action cases are referred to us by consumers concerned about corporate misconduct.

Who Pays for the Class Action Lawyers?

In most class action lawsuits class members are represented by attorneys who are paid on a contingency fee basis.

What Exactly is a Class Action?

A class action lawsuit is filed when a person acts as the plaintiff in a lawsuit represents a larger group of people that have similar legal claims against a particular defendant.

Why File a Case as a Class Action Lawsuit?

What are the Obligations of Class Members in a Class Action Lawsuit?

Class members are under no legal obligations other than to be truthful in the submission of their claim forms. They are not responsible for paying any fees or costs associated with the lawsuit. Generally, class members are not called upon to assist in any way with the litigation although they may voluntarily offer information to the legal counsel representing the class in order to help the class’ claims. Class member may also normalIN, “opt out” of the resolution of a class action lawsuit even after the case has been settled or otherwise concluded. In the event that class members do not like the proposed resolution or wish not to be involved with the action, they may usually exclude themselves from the class at the appropriate time set by the court. One exception to this general rule is the case where it is established by the court that there are limited funds available to resolve the lawsuit. In this unfortunate situation, the court will not allow any class members to opt out because the court will not allow any further lawsuits against the broke defendant. Still, no class member is ever forced to do anything in a class action.