How to File a Class Action Lawsuit Against a Company

Your Role as Named Plaintiff

Named plaintiffs represent the broader class. As a named plaintiff you: were harmed like the class; are willing to be publicly identified; will be deposed; make settlement decisions with counsel; and may receive an incentive award of $1,000-$25,000 in addition to your class member recovery. Most class members are unnamed -- they receive notice, can opt out, and submit a claim form if a settlement is reached.

Finding Class Action Counsel

Class action firms evaluate whether: your harm is representative of a larger class; the defendant has sufficient resources; legal theories are sound; and the case value justifies substantial litigation investment. Search for firms handling class actions in your harm area, use the AAJ plaintiff attorney directory, or state bar referral services.

Class Certification: The Critical Hurdle

After filing, plaintiffs move for class certification under Rule 23, demonstrating: Numerosity (class too large for individual joinder); Commonality (common questions of law/fact); Typicality (named plaintiff's claims typical of class); Adequacy (plaintiff and counsel will adequately represent class). Additionally, common questions must predominate over individual ones under Rule 23(b)(3). Certification dramatically increases settlement leverage.

Settlement and Court Approval

Class settlements require court approval as fair, reasonable, and adequate. Named plaintiffs must evaluate proposed terms. Class members receive notice and can object or opt out. Court-awarded fees to class counsel are separate from class member recovery. Related: how to bring a class action lawsuit.

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.

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