Many companies deceptively market their products by making false promises and representations that they know are not true. When you trust and rely upon a false promise made by a company, you can incur significant losses.
There are numerous “snake oil” salespersons that take advantage of people, causing you to lose your hard earned money. People have been harmed by companies that have sold products that are different than the advertisement, have engaged in “bait and switch” schemes where you are told one price and then charged a higher price, companies that have sold warranties that are false, and other improper conduct. If that happens, we are here to help.
A class action lawsuit is a legal action that allows a singular person or multiple people to sue on their own behalf, as well as on behalf of another group with similar claims. This other group is referred to as a class of individuals.
Generally, class actions are used to address a widespread harm that has affected many people. This harm is typically caused by corporations, but it may be caused by other entities as well. Often, these entities are responsible for a product’s manufacture, design, or distribution. However, class action lawsuits may also take place due to mistreatment in a workplace, the spread of personal information, or other suffering that one of these entities is accused of causing.
Almost anyone negatively affected by an entity’s harm may be eligible to participate in a class action lawsuit. However, you cannot generally take steps to become eligible once a class action suit has been started. Most individuals realize they qualify to take action as part of the class when they receive mail about their eligibility.
For example, consider that a large group of people has been harmed by an employer for one reason or another. Suppose that Party A and Party B both receive a piece of mail stating that their former employer is subject to a class action due to behaviors spanning from January 2022 to June 2022. If Party A was working at any point during that period, they may be eligible to participate and win some compensation for the harm they have faced. However, if Party B realizes that they were not working during that period, they will likely not be eligible to participate in this particular claim. Party B may be able to handle other grievances at another time.
If you need additional information regarding who is allowed to participate in a given class action lawsuit, we may be able to help. Please reach out to us at Hodges & Foty, LLP, to learn more about how we can assist you.
Generally, once a class action lawsuit is filed and certified, lawyers from each side will negotiate with each other. In these settlement discussions, everyone attempts to agree on compensation for class members. Once an agreement is reached, the court must review the claim to ensure it is fair and the settlements for the class are adequate.
All class members will be notified about the settlement when the settlement is approved. Often, this is a finalized sum that the responsible entities then pay to the individuals.
At this point, all class members will either opt in or opt out of the results. If they opt in, they can receive their share of the funds when they are ready to be distributed. They can also opt out if they do not want to be included. However, any decision made here may limit the class member’s ability to take legal action against the entity later, at least regarding the particular harms addressed in the class action. The more class members opt into a lawsuit, the less compensation each member can generally receive.
However, there may be cases where a negotiation is unsuccessful or the court does not approve of a settlement. In these cases, the case may go to trial, where the judge or jury can make a final decision. Typically, cases with more complex legal questions or gray areas are more likely to go to a trial.
There are many benefits associated with class action lawsuits, one of the most substantial being that the judge can save time and resources. Class action lawsuits are often so large that it would be nonsensical for multiple individual claims to pop up. Judges would suddenly have fewer resources and less time available to focus on other issues outside of a specific class.
Judgments are also much more consistent and reliable in a class action lawsuit, meaning there is less risk that any victims will be treated unfairly. By rewarding multiple people in a uniform way, everyone is more likely to walk away with a solution that is equal to those around them.
Further, class actions can be beneficial to the classes who participate. Often, taking legal action against a singular entity will not be valuable enough for an individual to take action alone. If the value of the harm is less than a few hundred dollars, it may not make sense for an individual to seek justice through small claims court, as more money may be given to the courts than is actually awarded to victims.
We file class action lawsuits to prevent fraud and scams from continuing
The attorneys at Hodges & Foty, LLP represent people across the country against some of the biggest and richest corporations in the U.S. We specialize in large, complex litigation to ensure that people have equal access to justice as the richest corporations. We take pride in helping people recover the losses that they have suffered. If you have questions about your legal rights, please feel free to contact us for a free case evaluation.
At Hodges & Foty, LLP, we understand the power of collective action in holding large corporations accountable. With over 40 years of combined experience, we have worked tirelessly to protect the rights of those harmed by widespread corporate negligence. Our dedication to justice and fairness allows individuals to pursue claims efficiently and with confidence.
Whether you have been impacted by defective products, mistreatment in the workplace, or other harms, we are here to guide you. We look forward to hearing from you, learning more about your legal circumstances, and providing guidance in any way we can. If you believe you may qualify to join a class action, contact us today at (713) 523-0001 for a free consultation or visit our contact form.