Many of us have heard of a class action lawsuit either through the news, a friend, or have been a member of one. A class action lawsuit is when on or a few people sue on behalf of a larger group of people who may have been damaged by the actions of one company.
The legal basis of the class action law suit can vary but the basic requirements are that: (1) the damage claimed or that is in dispute is common to all members of the class; and (2) the number of people is so big that it makes it impracticable to bring them all to court.
In order to be a member of a class action lawsuit, you must consent and knowingly join it. It’s not enough that you were simply injured or damaged in the same way all the other members of the class were, you have to know about it and consent to being a part of it, through some voluntary action.
The class is formed when the judge, after reading all the papers submitted by the attorneys of both sides to the class action, certifies the class.
