When one company’s actions harm many people in similar ways, a class action lawsuit allows these individuals to join forces and seek justice together.
Instead of filing hundreds or thousands of separate cases, people with similar claims can unite under one legal action, allowing everyone affected to pursue compensation.
Basics of class actions
Unlike traditional lawsuits, where one person takes legal action against another party, class actions involve a group collectively suing the same defendant for similar injuries. These lawsuits create strength in numbers when facing powerful corporations.
A class action lawsuit requires:
- One or more “class representatives” who act as the named plaintiffs
- A clearly defined group of people with similar claims
- Common injuries resulting from the same defendant’s actions
- Enough affected people that individual lawsuits would be impractical
The process begins when attorneys file a complaint identifying the proposed class and describing how the defendant’s actions harmed members. Before the case can proceed as a class action, a judge must certify that it meets specific requirements.
Criteria considered by judges
For a lawsuit to gain class action status, judges carefully evaluate whether collective legal action is appropriate. This certification process ensures the case truly represents everyone affected.
Judges consider several factors when deciding whether to certify a class:
- Commonality: All members’ claims must share common legal and factual questions
- Numerosity: The class must be large enough that individual lawsuits would be impractical
- Typicality: The named plaintiffs’ claims must be typical of the entire class
- Adequacy: The representatives and their attorneys must reasonably protect the class’s interests
- Superiority: A class action must be the most efficient way to resolve the claims
After certification, notices are sent to potential class members informing them of their right to participate or opt out. Those who remain in the class are bound by any settlement or judgment, while those who opt out preserve their right to file individual lawsuits.
Common types of class action claims
Class action lawsuits address widespread harms, especially those affecting workers and consumers. These cases often tackle systemic issues affecting large groups.
Class actions frequently involve the mistreatment of employees:
- Wage and hour violations
- Workplace discrimination
- Worker misclassification
- Systemic harassment
- Retaliation against workers
Consumer class actions typically address:
- False advertising and deceptive marketing practices
- Defective or dangerous products
- Data breaches exposing personal information
- Hidden fees and unfair business practices
- Privacy violations through unauthorized data collection
These lawsuits often conclude with settlements that distribute compensation among class members. Even when individual damages seem small, the collective impact can hold companies accountable for widespread wrongdoing.
When facing a potential class action, guidance from attorneys with experience handling these complex cases can make all the difference in successfully navigating the certification process and achieving meaningful results for everyone affected.