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A class action involves multiple parties filing a lawsuit together as a group. This is typically done because to sue as an individual would not be cost effective and the group has similar complaints and facts. For example, if a home security company had an illegal clause in their contract that cost customers $200.00 a year, it wouldn’t likely make sense for one person alone to sue. But if this problem hurt 50,000 people then as a group they could have their day in court.

The first and probably most difficult step for plaintiffs involved in any type of class action is getting the lawsuit certified by a court as a class action. Once a lawsuit is certified as a class action, corporate defendants are extremely likely to settle. The reasoning is that once a class action is certified, corporate defendants are at risk of losing so much money that banks stop lending to them. Thus corporate defendants are almost forced into settling once a class action lawsuit is certified.

In addition to certification, a second difficult step is giving all members of the class notice. Depending on the type of class action that the lawsuit is certified as, this could either require mailing letters to millions of people or simply publishing a statement in a newspaper. Individual service by mail can be a fatal requirement for some class actions, when representatives of the class are unable to afford stamps and envelopes for millions of people.

The good news is that although these cases are difficult, experienced class action attorneys know how to determine if a case will likely be certified and have the man power to provide notice to the world. On top of all of that, they usually take these cases on a contingency basis which means that they are only paid if they are successful.

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