Class Actions

Consumers can always sue companies that violated their rights in individual lawsuits. All too often, however, the stakes in individual consumer lawsuits are too low to change corporate behavior. Class action lawsuits allow consumers to join forces and change this equation. They are a procedural tool that allows one "class representative" to file a lawsuit on behalf of a larger group of people, known as the class, in order to enter a judgment that binds both the defendant and the class members. To be eligible for class certification, members of the class must have suffered similar harm caused by the same defendant. Courts have to approve this class treatment, which is called "class certification." Precisely because the stakes are higher, class actions require more time and work than individual litigation. Class actions offer a larger recovery which can attract effective counsel willing to work on a contingency fee basis, which might not be possible in an individual lawsuit. Class action lawsuits provide consumers a way to unite and obtain the compensation they deserve, and to force companies to change their abusive practices.

Serving as a Class Representative

Every certified class actions needs an adequate class representative. Class representatives (sometimes called "named plaintiffs") litigate the class claims for the rest of the class (called absent class members). This means class representatives need to put the interests of the absent class members above their own. They also need to be generally familiar with the case, hire competent counsel, and cooperate with their counsel. Class representatives need to communicate with their counsel regularly, and to collect evidence that their counsel needs. Class representatives also usually need to help their counsel respond to written discovery, and may need to sit for a deposition by the defendants. Without an adequate class representative, a class action will fail no matter how strong the class's claims are. Serving as a class representative can be a civic duty (like voting or jury duty).