Class actions are lawsuits where one person brings a claim on behalf of many others who are similarly situated. Class action lawsuits are an effective tool to help people recover money they are owed because of fraud, unfair business practices, misconduct, or personal injury.
When one person’s loss is relatively small, it might not make financial sense for that person to bring a claim on their own. Class actions solve this problem by consolidating the claims of hundreds, thousands, or even millions of people in one case.
In a class action, one person—known as the class representative—brings a claim on behalf of all similar people, and the class action combines all of their claims into one case. This makes the case more efficient and cost-effective, meaning it saves money for you and other class members. It also ensures that all class members receive the same ruling, so if one person wins, all class members can recover too.
Due to their complexity, class action lawsuits are usually handled by attorneys who specialize in these types of cases. We know this firsthand, because we have defended corporations in class action lawsuits. Using this knowledge, our team of trial attorneys can help you navigate these complexities and help in maximizing your compensation.
Oftentimes, companies believe they can avoid paying for minor fees that are charged or minor failures to make disclosures. However, by bringing certain claims as a class action, we can leverage a much better result for you and the class.
How Do I File a Class Action Lawsuit?
Filing a class action lawsuit does not have to be difficult. The most important step is finding the right class action lawyer to bring the suit to court.
At Mase Seitz Briggs, we have successfully brought class actions to court for consumers in South Florida and defended class actions for corporations for over 25 years. Past cases include: a claim in the BP oil spill class action, a claim against a car dealership that was overcharging tag fees, and a claim against a national boat company’s repair shop that charged unjustified “add-on” charges that were merely additional profit centers for the business.
If you have been harmed by a company’s unfair business practices, our lawyers have the experience and understanding to bring a class action on your behalf. Over the years, we’ve seen a number of commonly asked questions arise during class action lawsuits:
What types of claims can be brought as a class action?
Many different claims can be brought as a class action. Common class action claims include:
- Violations of consumer protection statutes and other unfair or deceptive business practices
- Personal injuries
- Product defects
- Securities violations
If you think you may have a claim, do not hesitate to consult with one of our Florida consumer protection attorneys today about your situation and determine if there is a potential class action lawsuit you can bring as a class representative.
What is in it for the class representative?
As the class representative, you are able to recover your portion of the class award or settlement. You may also qualify for a class representative fee for your time and effort helping the class. There is also the benefit of knowing you helped out other people who might not have been able to bring their claim if it wasn’t for you.
What if I got a notice that I am part of a potential class?
If you are a potential class member, you will likely get a notice by mail or email. You will normally be automatically included in a class unless you opt out. However, you will often need to file paperwork to get your benefit from being part of the class, or you will need to object to being included within a certain period of time.
Many businesses settle class actions because they do not think people will fill out the required paperwork and claim their benefit. For example, Equifax Inc. settled its data breach class action for a reported $700 million. However, if you are part of that class, you do not automatically get your money. You need to fill out paperwork or an online form to get your money.
Sometimes, you may get notice that you are part of a class settlement, but you do not like the result. You oftentimes have the ability to object or opt out of the class. There is usually a timeline to do so, or you are barred from doing it in the future. If you opt out, then you can bring your claim individually and negotiate directly with the defendant to resolve your claim. Depending on your claim, you may be able to recover more by opting out than being part of the class.
What’s the difference between a class action and multidistrict litigation?
A class action usually involves one plaintiff as the class representative against one defendant in one lawsuit. Like a class action, multidistrict litigation (MDL) may involve similar claims against one defendant, but there may be many lawsuits located all over the country instead of just one. This usually happens when there are similar claims of liability but different issues about the damages each plaintiff is claiming. The MDL is created to promote efficiency and save costs. The liability issues may be litigated at the same time to avoid putting on the same liability case again and again, but then the damages will be presented separately for each plaintiff.
What’s the difference between Florida class action lawsuits and federal class action lawsuits?
Many of the requirements for Florida class action lawsuits are the same as federal class actions. However, some claims may only be brought in federal court, while others may bring about a greater recovery in Florida courts due to the Florida Deceptive and Unfair Trade Practices Act and other Florida-specific laws that allow class action lawsuits.