The class action form of lawsuit has developed into one of the most important vanguards for the protection of consumers and consumers rights. It allows the plaintiff a forum to voice a grievance against big business or big government in a perspective more appropriately related to the wrong being committed.

The very nature of a class action requires that the Plaintiff (called a representative Plaintiff) establish that the harm done to him or her did not or does not continue to affect just the Plaintiff but that the harm was systematically inflicted upon a large group of consumers (the "class"). Part of what must be established for the court is that the harm done is in such a small amount, if taken on a case by case basis that it is not economically prudent for each member of the class to pursue taking legal action on his or her own.

Think about it. Lets say you purchased a product or service for a small amount of money, lets call it a "gizmo" from a manufacturer, lets call it "Big Company". After paying for the product or service, you believe that the uses of the Gizmo were misrepresented. The Gizmo just won’t do what the advertising said it would. Or you bought the Gizmo and it was supposed to warm coffee, but it didn’t work. Or you bought the Gizmo and it overheated the first time you use it and every time thereafter and burned you requiring treatment of some sort. In all of these cases, your damages were relatively small and not enough to justify the expense of filing a law suit in your name alone. If you look at the other side of this claim, however, you see a large company making money off of the same type of grievance as you have. Only a small amount per customer, but this can mean millions of dollars to the company. So, without the class action lawsuit, the only risk the big company would face could be determined by its analysis that of two or three million customers, only several hundred thousand will object to the policy and because their claims would all be for such small damages, the likelihood of having to answer for the company’s actions in a court of law is small indeed. This would be true were it not for the class action. It only takes one aggrieved Plaintiff to assert that he or she is not the only person harmed but that the conduct of the Defendant has harmed a large number of people in the same or similar position to that of the Representative Plaintiff. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.

From time to time, you may receive something in the mail entitled "Notice of Proposed Class Action Settlement" or a similar document regarding a class action lawsuit. Typically these documents are generated as a result of the class action lawsuit of which you may be a member. The purpose of such a "Notice" is to inform you of several things. First, that you may be among the members of the class seeking a remedy from the court. Second, that you may "opt-out" of the class, or choose not to be involved in the class action litigation. Should you elect to "opt-out" of the class, you may still have an right to pursue your individual claim against the defendant. Next, the "Notice" provides an explanation of the terms of the proposed settlement of the litigation, and the benefits you may become entitled to receive. Finally, that you may have a right to object to the terms of the proposed settlement.

It is important to pay close attention to deadlines specified in the "Notice", as it may affect your ultimate right to participate in the settlement. An attorney experienced in class action litigation may be able to advise you, and to explain further the contents of the "Notice" so that you can make an informed decision. If you have received a "Notice of Proposed Class Action Settlement", and wish to speak with an attorney, please contact us.

There are many aspects of class action lawsuits and it is not possible to address all of them here. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.