LawyerLandLegal Glossary

Class Action

One lawsuit brought by named plaintiffs on behalf of a larger group with the same injury.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

A class action lets a small number of named plaintiffs sue on behalf of a much larger group who were harmed the same way. It exists for claims that are real but individually too small to litigate: if a charge of a few dollars was applied improperly to a million people, no one person can justify the cost of suing, and without the class device the conduct is effectively unreviewable.

A case is not a class action because it is filed as one. The court has to certify the class, and certification is contested and frequently refused. Once a class is certified, absent members are generally bound by the outcome unless they opt out, which is why class notices matter and why ignoring one has consequences.

The trade-off is scale against control. Individual recoveries in consumer class actions are often small, and a member who has suffered a substantial individual loss may do better opting out and bringing their own claim - a decision that is easier to make before the deadline in the notice passes.

Where this comes from

Federal Rule of Civil Procedure 23(a) sets four prerequisites for certification: the class is so numerous that joinder is impracticable, there are questions of law or fact common to the class, the representatives' claims are typical, and the representatives will fairly and adequately protect the class. Rule 23(b) adds further requirements by class type.

When people hire a lawyer for this

The two moments worth advice are receiving a class notice - because opting out is a decision with a deadline - and believing a group has been harmed the same way, since whether a claim can be certified at all is the question that decides everything else.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.