How Do I Start a Class Action?

How Do I Start a Class Action?

When a person suffers a loss and believes others have experienced the same loss, they may be able to start a class action to hold the responsible company accountable. An individual lawsuit against a company generally seeks to hold the company responsible for the damage to the individual, such as that individual’s defective vehicle. In contrast, a class action seeks justice for a group of people, such as all consumers in a state or in the United States with the defective product. It only takes one person to start a class action lawsuit that can hold a company accountable for thousands, millions, or even billions of dollars in damages to consumers.

But how do you start the process? Generally, the first step is to speak with an attorney who can evaluate their problem to determine whether a class action is a good way to obtain justice. The lawyer will evaluate whether the claim will likely meet the requirements for class certification.

If both the consumer and the attorney agree to proceed with a class action, the attorney will file a lawsuit as a proposed, or “putative,” class action. The lawsuit only becomes a class action if the court grants class certification.

Often, additional named plaintiffs will join the lawsuit once attorneys file it. Although a class action only requires one named plaintiff, having more can help ensure a more widespread outcome. For example, a named Plaintiff may be needed from each state in order to represent people from those states.

Gather Information:

To increase your chances of an attorney taking your case, you will want to provide the attorney with as much information as possible. In an auto defect case, you may want to provide a timeline of what happened with your car and any records you have, such as a car warranty, receipts for repairs, photos, and any written communications you had with the automaker.

You may also want to go a step further and gather information that shows the case is suitable for a class action lawsuit. For example, you could look for evidence that other people have had the same issues, such as complaints posted on online forums. If you present such evidence to an attorney, they may be more likely to take the case.