Q: I got a notice in the mail saying I’m part of a class action. I can’t tell, but I think it says I’m entitled to a settlement. What do I do?
A: A class action is a court case that combines what are usually lots of little claims into one big claim. If a judge says a class is OK, the class pursues that one big claim on behalf of the many class members.
Depending on who you ask, class actions are either an efficient way to litigate claims that would otherwise be too small to mess with, or an abusive shakedown that railroads innocent businesses into expensive settlements.
Either way, class action lawsuits are now so common that nearly everybody is a member of some class, somewhere. As a class member, you’re entitled to notice about the case, so you know your rights and can decide what to do about them. But class action notices usually hide any useful information in dense legalese.
There are two basic kinds of notices you might get about a class action case. One comes at the start of the case, saying you could be a member of the class a judge wants to “certify,” so the case can proceed as a class action. The other comes at the end of the case, saying how members of the previously certified class can claim their share of the final settlement.
Only a certain kind of class action — what lawyers call a “(b)(3)” case — requires the notice of proposed class certification at the beginning stages. That explains how a judge proposes to define members of the class. It also tells how to “opt out” of the class, in case you don’t want your claim to be combined with everyone else’s.
Most people can safely ignore a class certification notice. You’ll just remain a class member. But if the case involves a personal injury — an asbestos case, for example, or a defective medical device — you should probably talk to a lawyer. It may be worth opting out so you can get more from your own, individual case.
There can be other reasons to opt out of a class action. But opting out means you’re on your own. If you don’t pursue your case (with a lawyer, probably), you get nothing.
A notice of proposed settlement comes after the parties settle, as most cases eventually do. Somewhere it should say what you, as a class member, will get as your share of the settlement. That’s probably not much, since class actions by their nature collect many, small claims.
Some settlement notices require certain class members to file individual claims to get specific benefits. If your notice does, and if the case involves something expensive (like a mortgage or a car), you may want to file a claim. Otherwise, doing nothing is probably OK. You’ll automatically get what everyone else gets. That may be a coupon, or, as in recent data-breach cases, some kind of free credit monitoring.
John Roska is a lawyer with Land of Lincoln Legal Assistance Foundation.
Please visit the source link below to read the full article.
Source: www.news-gazette.com
Be the first to comment on "John Roska: All About Class Action Suits, Settlements"