You Do Not File One Alone
A class action requires counsel with the resources to fund years of litigation and the expertise to obtain certification. These cases are almost always brought by firms specialising in them, working on contingency and carrying the costs.
What an individual does is bring the problem to such a firm. If the facts support it, the firm investigates, identifies suitable named plaintiffs and files. You do not need to recruit other class members yourself.
You do not need to find other victims
A common misconception is that you must assemble a group before anything can happen. You do not. One person with a strong factual account is enough to start, and identifying the wider class is done through discovery and records.
What Makes a Case Suitable
The conduct must have affected a large group in a similar way, with common questions capable of being resolved for everyone at once. Where each person circumstances differ materially, certification fails and a class action is not the right vehicle.
Certification requires numerosity, commonality, typicality and adequacy of representation, and for damages classes that common questions predominate and a class action is superior to individual suits. Predominance is where most contested certifications turn.
The Named Plaintiff Role
A named plaintiff represents the class, participates in discovery, may be deposed, and must act in the interests of absent members. It requires some time commitment but is not usually onerous.
Courts may approve a modest service award recognising that contribution, subject to approval. Named plaintiffs do not pay costs, which are carried by class counsel on contingency.
Check for an arbitration clause first
Many consumer and employment agreements require individual arbitration and waive class participation. This is the first thing counsel will examine, because a valid clause can prevent a class action regardless of the merits.
Before You Act
Thinking About Filing a Claim?
Most plaintiff lawyers offer a free initial consultation and work on contingency, meaning no fee unless there is a recovery. LawsuitWatch is not a law firm: we publish explainers, and we do not provide legal advice, representation or referrals. Your state bar directory is the reliable place to find and verify a lawyer.
How Do You File a Class Action Lawsuit?: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Can I file a class action myself?
Realistically no. These cases require specialist counsel with resources to fund years of litigation and obtain certification. Your role is to bring the facts to such a firm.
Do I need to find other affected people?
No. One person with a strong factual account is enough to start, and the wider class is identified through discovery and company records.
What makes a case suitable?
Conduct affecting a large group in a similar way, with common questions resolvable for everyone at once. Materially differing individual circumstances defeat certification.
What does a named plaintiff do?
Represents the class, participates in discovery, may be deposed and must act in absent members interests. Courts may approve a modest service award.
What stops a class action?
A valid arbitration clause with a class waiver is the most common obstacle, which is why counsel examine the agreement first.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.