Consumer Class Actions
The general requirements of a class action are that the amount of plaintiffs are so numerous that having them all individually named is impractical, and that they have common factual and legal issues. These requirements are contained in Rule 23 of the Rules of Civil Procedure.
Class actions are appropriate where the same company is committing the same wrongful action against numerous people. For instance, our office has been counsel in class actions dealing with a single debt collector’s unlicensed debt collection committed similar misconduct against numerous people, and where a mortgage servicer’s computer system assessed late fees against numerous people.
Class actions are usually not appropriate where a company did something different to everyone. For example, in cases involving mortgage loan modifications, the bank’s misconduct is usually so individualized, and the legal and factual issues so different, that it is not a good forum for a class action.
When a class action is filed, there is usually one to three people appointed as the class representative, the person designated to represent all the other people in the class. The rest of the plaintiffs are typically not named in court filings.
If you believe that a corporation, bank, debt collector, or mortgage servicer may have committed illegal practices against you, and that it also did the same thing to other people, you might have a good case for a class action. Contact our office for a no-cost case evaluation.