Consumer Information Center
What is a "Class Action"?
In a class action lawsuit, a person or group of people sue on behalf of themselves and anyone else who is similarly situated. Those who bring the suit represent themselves and an entire class of people who were similarly harmed.
How Class Actions Work
A class action is a lawsuit brought by one or more individuals on behalf of a class of who have been damaged in a similar manner by the conduct of the defendants who are sued. The persons who begin the suit, referred to as the "named plaintiffs," ask the court to appoint them as representatives of the class. The named plaintiffs work with their lawyers, such as Cuneo Gilbert & LaDuca, L.L.P., to vigorously represent the interests of the class members in obtaining the appropriate redress.
Once the court determines that it is proper for the suit to proceed as a class action, the members of the class are notified of the suit. Most often, any person who does not wish to be a member of the class is given the right to exclude himself or herself from the class. If the case is certified it proceeds to trial as a class action. Then if the class case settles, the members of the class generally are notified of the settlement and given an opportunity to voice their opinions on the adequacy of the settlement.
The court then holds a hearing to consider the merits of the settlement and will approve the settlement if it is fair, reasonable and adequate. The court also rules upon any applications for attorneys' fees, of which the class members are also notified and given an opportunity to be heard. If the court approves of the settlement, the settlement amount, less any attorneys' fees and expense reimbursement allowed by the court, is distributed among the class members.
A class action effectively permits individuals who have a grievance that they might not have the resources to pursue individually to band together to seek relief. It is a powerful tool to secure justice for broad groups of ordinary citizens – as in the most famous class action case, Brown v. Board of Education.
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