Class Action Lawsuit FAQs
What is a class action?
A class action is a lawsuit in which one or more people sue on behalf of a larger group who are individually affected by the same issue. Class Actions:
- Level the playing field for people with disagreements with large companies or businesses
- Reduce the cost of litigation
- Give increased bargaining power
- Provide services of experienced attorneys
- May be filed in both federal and state courts
Many of FDPK’s class action cases were started because one or more people complained about fraud, unfair treatment or deceptive practices.
What are some examples of class action lawsuits?
- Consumers who have been harmed by unfair banking or business practices
- Consumers who purchased defective or improperly labeled products
- Merchants and consumers who pay inflated prices caused by price-fixing
- Employees who have been subjected to age, gender or racial discrimination by a corporate employer
- Retirees who were promised retirement or health benefits but are now facing a reduction or elimination of those benefits
How is a class action started?
A class action lawsuit is started when one or more people who have the same problem with a large company or business step forward. We investigate, research the facts and legal remedies, and discuss options as to how to proceed.
Can I start a class action?
If you have a problem with a company, it is possible that others may too. A class action is a good solution because it allows thousands of people to benefit from a single case.
It takes only one person to step forward to begin a class action. That person is referred to as the Representative Plaintiff (described below). If you believe that you have circumstances for which you would like to investigate initiating a class action lawsuit, contact Partner Wyatt Lison, who will answer your questions and evaluate your potential claim at no cost.
What is a Representative Plaintiff, and what do they do?
A Representative Plaintiff is a person who is willing to step forward in an attempt to correct wrongdoing. A Representative Plaintiff:
- seeks legal advice about wrongdoing by a large corporation or employer.
- tells their story to the court in a complaint, and is willing to be the named individual who initiates the lawsuit.
- is willing to pursue claims not only for their own benefit, but also for the benefit of other persons who were similarly harmed.
- must be available to discuss the case with their lawyers.
- must be willing to participate in the discovery process.
- Discovery: Provide records related to the issue to the defendant(s), answering written questions and answering oral questions in a deposition. Our experienced attorneys assist with every step of the discovery process.
- must be willing to represent the class without any promise or guarantee that they will receive anything more than what a similar class member would receive.
Why do people file class action lawsuits?
People file class action lawsuits because:
- they are often the only way to remedy a wrong committed by powerful corporations
- they give people the chance to take on large, well-funded corporations when an individual lawsuit would be too expensive to pursue
- even if the total damages involved are not large to a corporation, it often stops the harmful conduct
What kind of class action lawsuits have FDPK lawyers handled?
FDPK lawyers have represented consumers, employees and small businesses in the following types of cases:
- Employees who have been denied benefits under the Employee Retirement Income Security Act (ERISA)
- Consumers who purchased mislabeled, misbranded and sometimes harmful food and supplement products
- Mortgage borrowers unfairly charged for force placed hazard insurance
- Mortgage borrowers charged for settlement services subject to an unlawful conspiracy under the Real Estate Settlement Procedures Act (RESPA)
- Insurance purchasers fraudulently sold life insurance and long-term care insurance policies
- Consumer and small businesses overcharged for products and other goods caused by anti-competitive activities of large, upstream corporations
- Investors victimized by fraud in the sale of stocks and securities
If you have been a victim of fraud, unlawful or deceptive practices, and would like to know if you may have a class action claim, contact Joseph Kravec or Wyatt Lison, who will answer your questions and evaluate your potential claim at no cost.