What’s A Class Action?
Any lawsuit will have a plaintiff (the person that has been wronged), and the defendant (the person that’s defending a claim). Sometimes there may be multiple plaintiffs and defendants in a lawsuit. A situation may also arise where there are too many plaintiffs that bringing them into a single lawsuit can be impossible. In such situations what is going to happen? They are similar to collective actions.
Let’s explain this a little bit; supposedly a company sold a harmful product to about 1 million customers and the product does harm to all these one million customers. So now when it comes to filing a suit there are two options; the first one is that each and every one of those million people file individual lawsuits to the company which will become a very tedious task to the court and this looks impractical, or the second option is that those million people join a class action suit. When they join a class action suit they select some members that will represent them in the court. These members will represent each and every member as plaintiffs that has the same problem and damages with the company.
That’s what class action is all about, that’s a small group of people bringing a lawsuit that affects a mass number of people. The essence of a class action is to reduce multiple lawsuits for the same situation, instead of the court be dealing with thousands or even millions of people, one plaintiff can file a lawsuit on behalf of other members who have been affected with a similar problem. People have the right to file a suit against any company that harms them or violated their rights.
Class actions are filed when damages done to the consumer is relatively small to grant a separate lawsuit. Class actions are also suitable when consumers want to change the policy of a particular company. There are a lot of cases where class actions are the best way to deal with a lawsuit. This involves unfair trade and marketing practices, violation of consumer privacy, illegal debt collection practices, consumer fraud practices and many other things that involve a lot of people. Some of the ways companies violate consumer rights include sending robot-calls, unlawful bill charges, charging customers for service that has not been offered any other situation where consumer’s rights are violated.
Consumer Class Actions – What You Need To Know
It is advisable to register for any consumer class action lawsuit that’s applicable to your situation. Most of the times there will be adverts requesting individuals with a similar problem to register for such class action lawsuit. If you still believe you are part of a consumer lawsuit and you have not been notified, you should then visit the consumer class lawsuit site. Most class action lawsuits are registered on this website. You can also visit the consumer protection arm within your state.
All of those who are affected by a particular problem are automatically added in that particular class action lawsuits. You can, however, remove yourself from the proceedings. This should be done officially. Once you are registered in a particular class action lawsuit you don’t have the permission to file a separate lawsuit.
If the damages done to you are bigger than other members in that class action, you can lodge your own separate lawsuit. But before doing that you should first to talk to a professional attorney for guidance and actionable steps to be taken. You should also know that in any consumer class action the compensation for the damages is relatively small per individual. It might be good to just accept whatever the company offers as damages because if you don’t it may be passed on to another member in the same class action.
As been said earlier if you ’ve been affected with the same problem that affects a large number of people when a class action lawsuit is filed you’re automatically added to that class action. That doesn’t mean you don’t have the right to make a separate claim in the court, but you have to officially bow out of the class actioin lawsuit before that. You can hire your own private attorney to make your claims especially if the damages were done to you has far exceeded other peoples’ damages.
In some cases, however, if the damage is not worse you should accept the little money offered and move on. You can donate such money to charity if the members in a class action didn’t accept the money offered by the company. The company may pay all the money into a charity organization.
If you want to file a class-action lawsuit you should contact Massey & Duffy for a free consultation on how to tackle the matter effectively.