Class actions sometimes get a bad rap. It may look frivolous on the surface to bring a claim for a seemingly small transgression, such as an overcharge of 53? or a weight difference of an ounce, but there is a logic to class actions.
Class actions actually protect both parties: the defendant and the plaintiff. In a typical class action, a plaintiff sues a defendant (or group of defendants) on behalf of a group (or class) that comprises other individuals who have also been affected by the claim.
How does it help the plaintiff? No one in their right mind is going to spend thousands of dollars over 53? or an ounce. Yet if the defendant is actually guilty of overcharging or underdelivering, it may be profiting by hundreds of thousands of dollars. That defendant may even be counting on the fact that an individual would not fight over 53?. Allowing all the wronged parties to band together ensures that there is a remedy to address seemingly small transgressions that can actually add up to a huge transgression.
How does it help the defendant? Suppose the amount isn’t 53? but $5,300. Suddenly, it may be a little more worthwhile to bring suit. If 500 people are impacted, that could be 500 individuals suits against the defendant. The cost of defending against 500 suits, as opposed to one could make or break a smaller company.
In addition, class actions help to protect the public. For example, a class action suit against the major breast implant manufacturers, claiming women suffered autoimmune disease from their silicone breast implants, resulted in the switch to saline.
The class action lawyers at Rothman Gordon have given hundreds of thousands of individuals and small businesses a seat at the table of justice. Whether you and others like you are wronged by a financial institution, retailer, service provider, or even an employer, we can thoroughly investigate and, if appropriate, prosecute a class action in state or federal court. Moreover, these lawsuits can usually be brought without an upfront cost to the class members, since the legal fees and expenses are generally paid at the end of the case, either from the proceeds of a recovery or from the other side, subject to court approval.