How to Bring a Class Action Lawsuit: Step-by-Step Guide

When a Class Action Is Appropriate

Class actions are appropriate when: many people suffered similar harm from the same defendant's conduct; individual claims are too small to litigate separately; and a class action is superior to individual litigation as a way of resolving the dispute. Consumer protection cases (small overcharges affecting millions), employment discrimination affecting many workers, securities fraud affecting all investors in a company, and defective product injuries affecting large numbers of people are common class action contexts.

You do not need to have suffered a large individual harm -- a $50 overcharge affecting 10 million consumers creates a $500 million class action even though no individual claim is worth litigating alone. The class mechanism aggregates these small claims into economically viable litigation.

How to Find a Class Action Attorney

The practical first step is finding a class action attorney, who will evaluate your claims and, if viable, take the case on contingency. Class action attorneys are compensated by a court-awarded percentage of the recovery -- typically 25-35% for class actions. They advance all litigation costs. You pay nothing out of pocket.

Find class action attorneys through: state bar referral services; the American Association for Justice (AAJ) plaintiff attorney directory; online attorney platforms; and legal aid organizations for employment class actions. Many class action firms maintain websites listing current cases where you can identify if your situation is already the subject of active litigation.

Rule 23: The Requirements for Class Certification

Federal Rule of Civil Procedure 23 governs class actions in federal court and requires: (1) Numerosity -- the class is large enough that individual joinder is impractical (typically 40+ members); (2) Commonality -- common questions of law or fact; (3) Typicality -- the named plaintiff's claims are typical of the class; (4) Adequacy -- the named plaintiff and class counsel will adequately represent the class.

Additionally, the action must fit into one of Rule 23(b)'s categories. Most consumer and securities class actions proceed under Rule 23(b)(3): common questions predominate over individual ones, and a class action is superior to individual litigation. This predominance requirement is often the most contested element in class certification.

The Class Action Process

After the complaint is filed, plaintiffs move for class certification -- a hearing where the court decides whether the case can proceed as a class action. If certified, notice is sent to class members giving them the option to opt out. Discovery then proceeds, followed by summary judgment motions. Most class actions settle at some point in this process. Related: filing a class action against a company.

Class members who don't opt out are bound by any settlement, which must be approved by the court as fair, reasonable, and adequate. Objectors can challenge the settlement's terms at the approval hearing.

Class Action Timeline

Consumer class actions typically take 3-7 years from filing to settlement or trial. The class certification hearing is often the decisive moment -- certification dramatically increases plaintiff leverage and typically leads to settlement. The litigation investment is substantial: major class actions cost millions in attorney time and expert fees.

How to Get Legal Help

If you believe you qualify based on the eligibility criteria described above, the next step is a free consultation with an experienced attorney. Most plaintiff-side attorneys handling these cases work on contingency -- meaning you pay nothing unless your case results in a recovery. Bring any relevant documentation including receipts, correspondence, or evidence of the harm you experienced.

To stay current on case developments, claim deadlines, and settlement news, bookmark this page and subscribe to LawsuitWatch alerts. Coverage is updated as new court filings, settlement announcements, and eligibility changes are made public.