Aggressively resolving these complex legal issues for consumers throughout our beloved state of California, the class action attorneys at Wilshire Law Firm tip the scales and put power back into the hands of everyday people. If your consumer or workplace rights have been violated, you may not be alone.
If your consumer or workplace rights have been violated, you may not be alone. To get the help you need NOW, contact an attorney at Wilshire Law Firm by calling (844) 303-3797 or filling out our online contact form.
What are Class Action Lawsuits?
The fundamentals behind class action lawsuits are directly related to the foundation of our US justice system, and prove the strength of the people against groups with large influence and corporations.
How Class Action Lawsuits Work?
Class action lawsuits happen when a large group of people experiences similar grievances due to the actions of a person, group, or corporation. These lawsuits essentially highlight our inherent strength in numbers and allow the group of plaintiffs to come together as one entity to sue the defendant for a settlement. A single case represents every individual in the class, and all members of the class receive compensation.
What are the Benefits?
Class action lawsuits provide large groups of consumers or employees many important benefits that traditional plaintiff lawsuits fail to offer. Depending on the case, a class action lawsuit may be your best option for legal recourse.
The advantages of class action lawsuits are widespread. A class action is brought forward by a class representative, and this can be just one individual. If the court certifies multiple claims as a class action, this means that the claims may proceed on behalf of a larger group of people affected by the same wrongdoing.
Because class members are united in their pursuit of justice and settlement, they are more likely to force companies to pay attention and react to their demands, preventing future harm from the wrongdoer’s illegal practices.
What Is Class Action “Certification”?
Before a class action suit can happen, the class needs to be certified. Class certification is the process in which the judge determines that all the plaintiffs have enough similarities in their grievances to be considered a single entity, rather than having each plaintiff file a separate case.
The judge determines this through several requirements, including:
- Number of Plaintiffs
For a class to be certified, the judge must determine that there are enough plaintiffs so that it would not be practical to have them each file a separate personal injury lawsuit.This number can fluctuate depending on the circumstances of the case (whether it is a nationwide class, the severity of the injuries or financial loss, etc.) but a quick rule is that there generally needs to be over 40 plaintiffs with similar grievances to be considered a “class”.
- Protection of Interests of the Entire Class
The judge must determine that the named plaintiff fairly and accurately represents each member of the class’ interests before the litigation begins.If some members of the class have interests that differ too much from the rest of the class, they must have subclasses to fully represent and protect their interests.
- Similar Grievances
The judge must also use his or her discretion to determine whether or not the members of the class’ grievances or injuries are similar enough to be considered one single grievance.If the judge determines that there is not a practical cause for the plaintiffs to be filing a class action lawsuit and resolve the claims (known as fulfilling judicial efficiency), then the plaintiffs will not be certified as a class and cannot continue with their class action lawsuit!
Types of Consumer Class Actions
Much of the law on class actions are specific to consumer class actions. It is important to be able to know each type and recognize what consumer class action your case might fall into. Some common types include:
- Consumer fraud / negligent misrepresentation
This occurs when a company or corporation intentionally misleads the consumer about their product or service either verbally or through writing.
- Consumer form contract cases
This type of consumer class action might occur because the company in some way broke a contract with the consumer.
- Design defects, warranty, and products liability claims
A consumer class action might happen based on design defects, warranty, and product liability claims. For example, if the product has broken due to design before an established warranty and the company refuses to honor its obligation to replace the product.
- False advertising claims
False advertising consumer class actions are more common than might be expected and often require legal action. False advertising is constituted by the use of misleading information to advertise the product to consumers.
How a Lawyer Can Help
Our Wilshire Law firm class action attorneys are among the top 1% of lawyers in the nation. Hiring an experienced and qualified lawyer is important in a class action lawsuit, as they will represent an entire group of people and grievances instead of just one. With the right lawyer, class actions make the lawsuit even more effective than if plaintiffs just sued individually.
We also charge zero attorneys’ fees if we don’t win! If the class action claim is successful, lawyers are paid out of the recoveries of class actions. In specific circumstances, the defendant is sometimes legally required to pay the attorneys’ fees for the plaintiffs.
Class action lawsuits combine a large number of cases into one singular strong case, ensuring a more effective result and a more attainable justice for individuals who may not have the time or resources to file an individual lawsuit.
How to Start a Class Action Lawsuit in California?
After you have contacted one of our premier lawyers to discuss your case, the very first thing we will do is determine whether a class action lawsuit has the means to be filed. After determining this, your lawyer will draft a class action complaint – the document that officially starts your class action case. The complaint will describe the details of your injury and financial harm, and describe the type of compensation that you are seeking.
Class Action Cases We Handle
Wilshire Law Firm’s attorneys handle complex class actions in the following areas:
- Consumer ProtectionWe protect the rights of consumers in cases involving deceptive marketing, dangerous and defective products, wide-scale financial fraud, unauthorized communications, and other consumer rights violations.
- Data PrivacyWhether you are a consumer or an employee (or both), companies are required to take steps to protect your personal information. When the financial, medical, or other identifying information of our clients is compromised, Wilshire Law Firm’s class action attorneys are there.
- Disability Discrimination (Americans with Disabilities Act)The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) prevent employers, universities, and more from unfairly discriminating based on permanent, temporary, or perceived physical and mental disabilities or conditions.
- Wage and Hour ViolationsBusinesses often look for any way they can to increase their income, even if it’s at the expense of their employees. Wilshire Law Firm has the talent and the resources that employees need for class action litigation involving Employee Misclassification, overtime wage violations, time-shaving, failure to provide rest and meal breaks, and other worker rights violations. Our trial lawyers are ready to fight for the justice you deserve.
- Equal Pay ActGender wage inequality remains a documented issue for the American workforce. Employers are required to pay equal pay for equal work-when they don’t, Wilshire Law Firm’s class action super lawyers’ step in to fight them.
- False Claims Act (Qui Tam)Both state and federal law allows whistleblowers to report fraudulent financial activities anonymously to the appropriate government agency and share in the proceeds of any amount recovered. Any corporations, financial institutions, or individuals who defraud the government can be sued under this act.
- Dangerous and Defective ProductsDesigners, manufacturers, and the companies that retail these products are required to prevent foreseeable harm to consumers. Wilshire Law Firm accepts cases involving automotive part defects, medical device defects, and other dangerous product class actions.
- ERISA LitigationWhen employers or plan administrators make unsuitable trades, over-concentrated plan investments, or otherwise mismanage company pension, profit-sharing, or 401(k) plans, a class action lawsuit can be brought forward under the Employee Retirement Income Security Act (ERISA).
Contact Class Action Attorney Today
Wilshire Law Firm wants to help you get a favorable settlement in your class action lawsuit. Take action today by filling out our online contact form and one of our top class action attorneys will be in contact with you.