Options, Options: Knowing What’s Best For You in a Class Action

Best For You

Class action lawsuits or class actions (also known as group actions, collective redress, or mass litigation) show the spirit of a group of people coming together to seek justice. Their commonality of suffering from the same type of harm or injury caused by the same offender gives them the ability to collectively bring their claim and file a class action. Class actions are typically large in scale, both in terms of the stakes involved and the number of people involved. If you become a class member in a class action lawsuit, the court and lawyers involved will notify you via mail. The mailed document should explain the lawsuit or claim, the conditions for you being a class member, and your class member rights. There will be a bevy of options to choose from and facts to consider. Here’s what you need to know:

Facts

  • Class actions are expensive. The legal costs can be both a burden to the plaintiffs and defendants.
  •  In some countries, a “loser pays” principle is enforced. Thus, if one is unsuccessful in their claim, they also have to pay a significant portion of their opponent’s costs. 
  • However, litigation funders can shoulder that burden if a law firm tapped their services at the start of the law firm’s participation on the claimant or plaintiff’s side of the class action.
  • After a case is resolved, the lawyers will issue a notice to the class members informing them of the settlement or judgment. 
  • The notice sent to the class members will explain the facts of the lawsuit and reveal the individuals who qualified to claim part of the settlement.
  • They will also be informed of their legal options moving forward.
  • Legal notices sometimes get sent after a class gets certified and then again after a case is resolved.
  • Failing to claim compensation or redress at the set deadline will have the remaining fund either distributed among the rest of the entire group or class, donated to a chosen charity or organization, or returned to the defendant.

Options

Being considered a class member in a class action lawsuit is a huge responsibility, especially if you get selected to be one of the lead plaintiffs. Therefore, you will usually be notified via mail of your involvement in a class action. The mailed notice should explain the lawsuit, how you came to be considered a class member, and your rights as a class member. You will then be faced with several options to choose from:

  1. Do nothing and hope for the best.

You remain a part of the class and partake of any judgment, settlement, or award that the class action earns. However, you may not be able to file a separate lawsuit based on the same complaints. You will become legally bound by the resolution of the class action.

  1. Solicit your own lawyer.

You will remain a class member but have your own separate lawyer represent yourself to ensure that the lawsuit moves forward in a fair and just manner for the benefit of everyone and your interests.

  1. Object.

 An objection doesn’t explicitly mean that you will be excluding yourself from the case.  It just means that you will be notifying the judge assigned to the case that you object to one or a few things regarding the case. Anyone who decides to object can object to the proposed monetary relief or redress, object to the proposed new contract involved, or object to both. 

  1. Opt-out.

You will exclude yourself from the case and shall not move forward as a class member. You won’t partake of any judgment, settlement, or award that the class action earns. However, filing a separate lawsuit based on the same complaints becomes possible. Choosing to opt-out does not strip class members of their right to file independent cases. You don’t have to be worried about becoming legally bound by the resolution of a previous class action lawsuit and can file your own lawsuit against the defendant (after the resolution of the class action that you were previously a part of). You can do this when you feel like you have a higher chance of winning or winning more on your own.

Holding the ones with wealth, power, and influence accountable for their actions is integral to maintaining a certain balance in society. But, at the same time, it is integral for one to know all the facts to make the right decisions properly. The truth is, no one can truly know what’s best for you except you (and maybe a higher power if you believe in that). And the only way for you to know that is if you’re aware of all your options. Have you got that? Great. Then get to it and make good choices. 

F0ISC L 5FACgdahK

Author’s Bio:

Deinah Storm used to work in the corporate world as a marketing affiliate. She quit her job to pursue her passion for writing, but to this day, Deinah is committed to educating consumers about the different marketing scams and how to avoid them.

Total Views: 129 ,
By Cary Grant

Cary Grant is Owner of Answer Diary, Content Manager at Amir Articles and Mods Diary from the UK, studied MBA in 2014, Love to read and write stories, Play popular Action Games Online.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like