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Article:
Class Actions - A Primer.
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
I
often hear people joke about class actions. They hear
about some case where the consumer received coupons and
the lawyers received millions. Although there are
abuses, they are the exception rather than the rule.
Class actions are designed for a group of people who are
treated the same to seek relief as a group. Instead of
each person hiring an attorney, they pool their
resources by hiring one firm or a team to handle their
case.
After a class action is filed, the judge will need to
determine if the case is one which should be certified
as a class actions. This requires a large enough group
of people and one or more class representatives, who are
individuals who will look out for the interests of the
class. The class representatives must be typical of the
class and must have adequate representation. If all of
the elements are established, a judge will certify the
class. That ruling may or may not be appealed, but
ultimately if the class remains certified, there is one
trial or resolution that is binding on the entire
class.
The benefits of a class action can be enormous. For
example, in a recent case handled by my office with
another attorney, we were able to sue for class wide
relief and obtained almost $1.5 million worth of relief
for consumers. The costs to the consumers was $30,000
from start to finish which was paid for by the
wrongdoer.
This was a case where the consumer came to my office for
help, had been sued and we were able to turn the tables
and put some money in the consumer’s pocket as well as
into the pockets of other class members. Interestingly,
most of the other class members were ignorant of their
rights or did not have the funds or access to counsel to
vindicate those rights. Fortunately, the actions of the
class representatives ensured that the corporation did
not get away with its unlawful actions.
Someone once said there was a sucker born every minute.
Unfortuantely, there are those who will still prey on
people who do not have the time, resources, or knowledge
to fight. Class actions can level the playing field.
This is why corporations are continually on the fight to
stop them. Interestingly, those same corporations find
them useful when their own ox is gored. As exhibit A,
one needs only to point to Wal-Mart which challenged the
policies of Visa for charging high debit card fees.
Wal-Mart and other retailers ultimately settled for
about $2 billion.
Class actions can be useful. If numerous people are
victimized the same way, even if there are only hundreds
of dollars involved, the net effect to consumers can
quickly add up where thousands of consumers are
affected. With class actions, you can sometimes get a
limousine ride on a Yugo budget. If you have any
questions about class actions or anything else that you
want discussed, please email Steve Fahlgren at
sfahlgren@ForTheConsumer.com. Steve Fahlgren is a
local attorney who practices law out of his offices in
Hilliard.
Disclaimer: The above Article
is
intended to give you, the consumer, insight into various legal topics. This
information is not intended as legal advice, but rather helpful topical
information.
 If
you require professional legal services regarding
Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law issues, be proactive in
protecting your legal
rights by seeking the legal advice of
an experienced
Jacksonville criminal defense attorney
& lawyer. Contact
The Law Offices of
Steven M. Fahlgren, P.A.,
by calling
904.845.2255.
Jacksonville Attorney - Lawyer,
providing experienced Consumer Protection, Family Law, Estate Law,
Employment Law, Business Law, and Bankruptcy Law legal
representation in Jacksonville, Hilliard, Duval County,
Nassau County and the surrounding Northeast Florida areas.
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