We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Law

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

How Do I File a Class Action?

Leigia Rosales
By
Updated: May 17, 2024
Views: 4,483
Share

A class action lawsuit is a lawsuit where a large group of plaintiffs who have all suffered similar injuries by the same defendant decide to sue the defendant as a group, or class. It may be filed in either state or federal court within the United States and must first be certified by the court as a class action lawsuit. As a rule, there are four basic prerequisites to filing a class action lawsuit: the number of plaintiffs must be high enough that joinder is impractical; common legal and factual issues must exist among the members of the class; the named plaintiffs must represent typical cases; and the named plaintiffs and their respective counsel must provide adequate representation for all class members.

The concept of a class action lawsuit originated in the United States as a way for the common man to realistically be able to file a lawsuit and recover damages against large corporations. Prior to the advent of class actions, an injured plaintiff was often unable to seek compensation from a large corporation due to the cost of litigation. By allowing plaintiffs with similar complaints and similar damages to join together, the playing field is leveled.

Class actions may be filed in state or federal court. As a rule, state courts are thought to be more favorable to plaintiffs, which is why many class actions are originally filed in state courts. The defendant, however, may move to have the case transferred to federal court where defendants are thought to be favored. The Class Action Fairness Act of 2005 gives federal courts jurisdiction over class actions, where the damages sought exceeds $5,000,000 US Dollars (USD), which puts many class action lawsuits into the federal court arena.

A class action lawsuit will have a few named plaintiffs who must be representative of the class as a whole. In other words, they must have similar factual and legal issues and must be typical of the class. These named plaintiffs essentially litigate the case for the entire class, although all members of the class will share in the compensation award.

Once the named plaintiffs have filed the lawsuit, they must ask that the lawsuit be certified as a class action. The court will look at how many potential plaintiffs are involved to determine if joinder of the plaintiffs is impractical. The judge will also make sure the members of the class all have similar claims and that the counsel for the named plaintiffs is capable of adequately representing all the members of the class. If the court is satisfied, then the lawsuit will be certified as a class action lawsuit.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Leigia Rosales
By Leigia Rosales
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she crafts compelling content that informs and engages readers. Her ability to understand complex topics and communicate them effectively makes her a valuable asset to any content creation team.

Editors' Picks

Discussion Comments
Leigia Rosales
Leigia Rosales
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she...
Learn more
Share
https://www.wisegeek.net/how-do-i-file-a-class-action.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.