How To File a Class Action Lawsuit

Sometimes, one entity’s action or inaction can cause a familiar pattern of injuries to many people. For instance, if a manufacturer dumps toxic waste into the local river and contaminates a community’s drinking water, it could cause people to get sick. 

While an affected person could file an individual lawsuit, a class action lawsuit taps into the collective strength of similar complaints against a common defendant. Filing a class action lawsuit, however, involves complex legal procedures. Such lawsuits are often more complicated than individual lawsuits.

This article discusses how to file a class action lawsuit. Rule 23 of the Federal Rules of Civil Procedure sets specific requirements for any class action lawsuit. Consult Rule 23 or a class action lawyer for more information about class action law and how to file a case.

Class Action vs. Individual Litigation

The main differences between a class action lawsuit and individual lawsuits are the number of plaintiffs and the procedures they must follow. If you realize a tort affects more people than you, you’ll need to decide whether to pursue a class action versus an individual civil claim.

A class action lawsuit is one in which a group of people (called the class) sue the same defendant based on similar claims or injuries they suffered. Each member must have an actionable claim for damages against the defendant and must share a common cause of action. One or several members of the class, called the class representative(s), will pursue the class action lawsuit on behalf of the class.

Individual litigation can involve one or up to a few plaintiffs. The plaintiff also needs to have an actionable claim against the defendant. But they retain direct personal control over the decisions in their case.

Class actions prevent courts from becoming overwhelmed when one incident affects many people. It reduces the time, cost, and burden for both the class members and the courts. Plaintiffs can share resources in pursuing the claim. Class membership allows them to sue even if their damages would be too low for an individual claim. Yet, they lose a level of control over the outcome.

Prepare Before Filing a Class Action Lawsuit

Before filing a class action lawsuit, the potential plaintiffs must determine several important things about the lawsuit, including:

• Identifying a cause of action
• Naming a defendant to sue
• Choosing who will be the lead plaintiff(s)

This section describes these concepts in more detail.

Identify a Cause of Action

To file a class action lawsuit, the people filing the lawsuit must identify a defendant whose actions allegedly injured a group of people.

For example, suppose a car manufacturer’s defective product caused many vehicles to malfunction and injure a large number of drivers. In that case, the class members could file a consumer class action lawsuit based on product liability.

Other common examples of causes of a class action include:

• Personal injury, such as toxic exposure from wastewater contamination
• Data breaches affecting many consumers or patients
• False advertising, price gouging, and other illegal business practices of a large corporation
• Employment law violations of a large employer, such as wage theft

If you have questions about the types of cases that can result in a class action lawsuit, consider contacting a class action lawyer. An experienced class action attorney can provide important information about defining the potential class, proving the defendant is liable, and filing the case.

Identify the Class and Named Plaintiffs

Before you file a class action lawsuit, identify either one or several class members who will act as class representatives and pursue the litigation on the class’s behalf. Then identify a group of people with similar claims resulting from a defendant’s action or inaction. This group will form the case’s class.

In theory, each class member could file their own lawsuit against the defendant. A class action lawsuit allows them to opt in and have someone else from the group sue the defendant on their behalf. 

By opting into the class, the member gives up their ability to file an individual claim regarding the lawsuit’s cause of action. If they opt out of the class, they retain their right to file their own lawsuit against the defendant.

Most people who opt into the class action litigation will remain unnamed throughout the case and won’t participate. To file the class action lawsuit, at least one named plaintiff must represent the class. The named plaintiff, also known as the lead plaintiff, class representative, or representative party, will be an active participant in the case.

File the Class Action Complaint

As with any other lawsuit, the opening salvo of a class action is the initial complaint. The named plaintiffs may file their class action complaint in federal or state court. State laws and rules of procedure govern how to file a class action lawsuit in a state court, and they vary between the states. Rule 23 of the Federal Rules of Civil Procedure governs how to file and pursue a class action case in federal court.

The complaint may list just one or two plaintiffs at first. The plaintiff(s) must identify the defendant(s), describe the events giving rise to the lawsuit, and identify the damages or relief sought.

The complaint also identifies the proposed class in the class action lawsuit. This part of the complaint must argue that the class consists of enough people that a class action is appropriate. In the prayer for relief, the complaint will ask that the court certify the legal action as a class action.

What You Must Prove for Class Action Certification

Once the plaintiff files a class action lawsuit, a judge must certify the proposed class. Class certification rules vary between the states. For example, some jurisdictions require the representative plaintiff to file a motion for class certification. Other states initiate the process after the plaintiffs file their case.

In any event, the proof needs to be shown for the following for a judge to certify the class:

• Commonality: The representative plaintiff’s alleged injuries are the same as the rest of the proposed class.
• Typicality: The injuries of all the potential class members resulted from a common set of facts and legal theories. The members’ claims are similar enough to the class representative’s claims that their absence from the trial will not present a problem.
• Numerosity: There are enough class members that it would be impractical for them to each file separate lawsuits. A class action is the most efficient way to resolve the claims.
• Adequacy: The interests of the class representatives and attorneys sufficiently align with the interests of the entire class.

The judge must also determine whether the named plaintiff clearly defined the proposed class so that the court can identify potential class members. Then, the judge will certify the class if they agree with the representative plaintiff’s arguments for certification.

The court will issue an order certifying the class, which identifies the following:

• The class
• The class’s claims
• The issues in the case
• The class’s defenses (if any)

The court will also appoint the class’s counsel.

If the judge does not certify the case, the court will dismiss it. If the court dismisses the case at this stage, the potential class members may still file individual claims against the defendant.

Notify Potential Class Members

When a judge certifies the class and allows the class action lawsuit to proceed, the court will then send public notices to potential class members. This notice will allow each member to opt into the lawsuit. The notice may state that those who qualify automatically become class members.

The court will try its best to give every potential class member notice of their right to opt in or opt out of the class. When the class consists of many people, it may be unable to identify and notify every potential class member.

Next Steps: Settlement or Trial

Litigation begins once the named plaintiffs file the class action lawsuit, and a judge certifies the class. As noted above, the named plaintiff will work with their attorneys as they pursue claims on the class’s behalf.

Many class action lawsuits result in settlement agreements. Every class member will get a share of the class action settlement. Depending on the number of plaintiffs in the class, the defendant may decide to take it to trial rather than settle the claim.

If the case goes to trial, the court will issue a judgment. The court’s judgment applies to all the claimants in the case. The judgment binds all the plaintiffs, whether they win or lose the case.

How To Join a Class Action Lawsuit

If you believe you suffered the same damages a class action lawsuit alleges, you might want to join. There are a few ways to proceed.

You may hear about a class action lawsuit through recent legal news. The first step is to find out which law firm is representing the class. You can contact the attorneys to request to be included as a class member. You may need to complete a claim form, which could require proof that you’re an eligible member of the same class.

Alternatively, you might receive a notice about the case. In this scenario, the attorneys have already identified that you may qualify for inclusion. For example, they may have a list of all customers who purchased a company’s dangerous product in a specific time period. You can follow the instructions to opt in or opt out according to your preference.

In many cases, you might not hear about a class action lawsuit until the parties already reached a settlement. Keep in mind joining a class action lawsuit or accepting the settlement waives your right to file an individual civil lawsuit. If you might want to file an independent claim instead, get legal advice from an attorney before accepting the settlement money.

Get Help From a Class Action Attorney

If you believe your claim could classify as a class action, you’ll want to work with an experienced attorney who knows how to file a class action lawsuit. Class action cases involve complicated matters, and the named plaintiffs can benefit from specialized expertise. Get started by contacting a class action attorney near you.