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Federal and state
governments have enacted laws to protect consumers
from improper advertising, marketing, and pricing
practices, and from defective goods and dangerous
products. When a large corporation violates
a consumer protection law, frequently many
consumers are taken advantage of or harmed
in the same way.
Consumer class action lawsuits are among the
most effective tools consumers have to protect
themselves in the marketplace, because they
enable all of those affected to act with one
voice. A single lawsuit, instead of separate
lawsuits scattered throughout the country,
eases the load on our judicial system by reducing
the amount of time and money spent addressing
a harm suffered by many different consumers.
As a result of class action lawsuits, manufacturers
have been forced to make dangerous products
safer, to remove defective products from the
market, and to stop engaging in deceptive marketing
and pricing practices. Because consumers gain
power when they act collectively, it should
come as no surprise that various special interest
groups work hard to discredit class action
lawsuits and the lawyers who file them.
What is a Class Action?
A class action is a type of lawsuit in which
one person, usually the “Lead Plaintiff,” represents
everyone who suffered similar harm from the
defendant’s unlawful conduct. Class action
lawsuits often are filed when it would be impractical
or prohibitively expensive for each person
who was harmed to file an individual lawsuit.
As a result of presenting their claims as a
class, individual consumers are able to seek
recovery from large corporations possessing
much greater legal and financial resources.
What is the Class Period?
The Class Period is a specific time period
during which the unlawful conduct is believed
to have occurred. Although the initial complaint
will specify a certain Class Period, that period
may later be expanded to encompass a longer
period of time.
What is a Lead Plaintiff?
Near the beginning of a class action case,
the court appoints a Lead Plaintiff to pursue
claims on behalf of the members of the Class.
An individual, a group of individuals or even
an entity can serve as Lead Plaintiff. The
court frequently appoints as Lead Plaintiff
the Class member with the largest financial
interest in the recovery sought by the Class.
What is a Lead Counsel?
In addition to representing the Class, the
Lead Plaintiff plays an important role in selecting
the court-appointed Lead Counsel, and is encouraged
to consult with Lead Counsel concerning the
course of the litigation. By seeking Lead Plaintiff
status, and choosing skilled, experienced counsel
to represent the Class, an individual class
member may significantly affect the likelihood
of the lawsuit’s success and the size
of any eventual recovery.
How do I sign up to be a potential Lead Plaintiff?
The requirement to participate as a potential
Lead Plaintiff is simple: notify us. If we
believe it is appropriate for you to serve
as Lead Plaintiff, we will provide you with
a certification form.
What are the costs and expenses for me?
Costs and expenses of the lawsuit are usually
advanced by the law firms prosecuting on behalf
of the Class. Our firm represents classes of
consumers on a contingent fee basis. That means
we will ask the court to grant us reimbursement
of our out-of-pocket expenses and attorneys’ fees
-- usually a percentage of the total recovery
-- only if we are successful.
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