Class Actions

A class action allows the rights of many, similarly situated people (the "class") to be determined through a single lawsuit brought by one or more individuals ("class representatives"). Successful class representatives are generally able to request an additional award from the court for their help in fighting for the rights and interests of the other class members.
While not appropriate in all cases, a class action is an important vehicle for ensuring that people's rights are protected, especially where litigation on an individual basis would be too costly or inefficient, or would result in many people obtaining little to no relief at all.
Class actions empower consumers, employees, shareholders, and others who share a common harm to ensure that their rights are protected.
When Is a Class Action Appropriate?
Under Rule 23(a) of the Federal Rules of Civil Procedure, the prerequisites for a class action are:
Class actions are frequently brought under many different consumer law theories, including everything from unsolicited telemarketing in violation of the Telephone Consumer Protection Act, to unlawful debt collection practices under the Fair Debt Collection Practices Act, to even state statutory causes of action based on unfair or deceptive acts or practices.
While not appropriate in all cases, a class action is an important vehicle for ensuring that people's rights are protected, especially where litigation on an individual basis would be too costly or inefficient, or would result in many people obtaining little to no relief at all.
Class actions empower consumers, employees, shareholders, and others who share a common harm to ensure that their rights are protected.
When Is a Class Action Appropriate?
Under Rule 23(a) of the Federal Rules of Civil Procedure, the prerequisites for a class action are:
- Numerosity - The class must be so numerous that joinder of all members is impracticable. Courts generally hold that a class of 40 or more individuals is sufficient to meet the numerosity requirement for maintaining a class action.
- Commonality - There must be questions of law or fact common to the class, capable of class-wide resolution.
- Typicality - The claims or defenses of the representative parties must be typical of the claims or defenses of the class, i.e., they arise from the same practice or course of conduct and are based on the same legal theory.
- Adequacy - The representative parties (including class counsel) must be able to fairly and adequately protect the interests of the class.
Class actions are frequently brought under many different consumer law theories, including everything from unsolicited telemarketing in violation of the Telephone Consumer Protection Act, to unlawful debt collection practices under the Fair Debt Collection Practices Act, to even state statutory causes of action based on unfair or deceptive acts or practices.
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