How are class action lawsuits different from “regular” lawsuit and
can you give us an example ?
- Let’s say that you buy a product for $ 5 and it doesn’t
work.
- You can’t afford to bring a lawsuit to force the manufacturer to
be fair with you.
- This is where a class action comes into play.
- If several people who purchased the same item joins together, they
can force the maker of the product to deal with them and hopefully
in the future produce a better product.
Can you give us a few examples of class actions ?
- It ranges from cigarette lighters that explode to washers that hold
water and don’t drain out properly.
- There have also been class actions against investment companies and
insurance companies.
What if you don’t want to be a part of the class action,
let’s say that you have been injured by exploding cigarette lighter
and you want to pursue you own claim, can you opt out of the class.
The law requires that class members be given notice of the action, so
if they want to opt out and not be bound by the result, they have an
opportunity to opt out.
How do you typically find out if you’re part of
the class and how do they know who to contact directly?
- When you fill out the registration card, you go on a list with the
manufacturer linking you to a specific product.
- When there is a recall, based on that registration card information,
they will contact you directly.
- Also, newspaper or magazine ads are used to place members on notice
of the class action.
- Also, when there is a settlement, you should be notified of the proposed
terms of the settlement
On the screen is a website. Check it out. You may be entitled
to benefits from a class action lawsuit.
MISC:
If a large number of plaintiffs would be suing the same defendant
under the exact same terms and circumstances, it streamlines the process
to try it as a single case. This also allows plaintiffs to get involved
who otherwise could not afford an attorney.
How does someone become part of the class in such a lawsuit?
A: The terms of the lawsuit will spell out exactly what conditions
must be satisfied for someone to be part of the class. For example,
in a class action suit against an insurance company from a few years
ago, anyone who paid for insurance from the company between two specific
dates was part of the class.
Q: What is a subclass?
A: A subclass is a group within the class that has a slightly
different claim from the rest of the class. Using our previous example,
people who had paid for extra collision coverage may have been eligible
for an additional amount.
Q: Can someone opt out of the class if they want to pursue their
own lawsuit?
A: Yes, that is part of the notification process. The defendant
must notify members of the class how they can remove themselves from
the class. Failure to opt out properly can make it difficult or impossible
to pursue a future lawsuit against that plaintiff.
Q: What if a member of the class can’t be reached or never
gets the proper notice?
A: If you think you might be part of a class action suit, but
never received notification, the best place to search is on the Internet.
