Class action lawsuits are filed under the name, or names, of the lead plaintiff versus the defendant. In consumer class actions, the defendant could be a bank, credit union, collection agency, credit bureau, or a business.
In a class case, the consumer who hires the law firm to pursue the case is called the lead plaintiff, and pursues the case on behalf of a group of people that have been treated in a similar way by the company being sued. That group of consumers is defined by specific parameters and is called the class. The individuals in the class, which can be as few as 40 people, and as many as a million or more, are called class members.
When a class is certified by the court, either contested by the defendant or upon a class settlement, the class members are sent a notice, usually by letter but occasionally by postcard or electronically. The class notice describes the nature of the lawsuit and the Court where it is pending. Instructions for choosing to remain in the class or not, or challenging any settlement are detailed in the notice, indicating firm dates for class members to exercise their rights.
We are often contacted by consumers who have received a class action notice. In some cases, Flitter Milz is class counsel, in others we may not be involved. Sometimes lawyers unacquainted with class action practice who have received a notice, call to discuss their legal rights or their client's rights as a class member.
Whether you are a consumer, or a lawyer who represents a consumer, we are pleased to discuss any class notice you receive, at no cost.