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What can I expect as a class action representative?

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Downto0
Regular Contributor

What can I expect as a class action representative?

I sent in a case to my attorneys and they answered quickly and want me to sign an agreement for a class action where I will be the class representative.  I perused some court cases and it appears the class representative does get an incentive reward of 3 or 4 thousand in addition to  the statutory award and attorney fees.  I think the incentive pay is for depositions and discovery procedures.

 

In general, how is a class action claim different than a non class action claim?

Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: What can I expect as a class action representative?

You relinquish your individual claim, which might result in a court award that would be more beneficial had you pursued your own, individual suit.

What were your own personal damages?

 

Message 2 of 5
Downto0
Regular Contributor

Re: What can I expect as a class action representative?

No, Robert.  I'm not a class member.  I'm a class representative.  Yea, class members don't get much.  Class representatives, on the other hand, get their full damages - whether actual or statutory - plus some sort of incentive award...generally 3 to 5 thousand dollars.

 

I'm ready to sign the agreement with my attorneys because it sounds like a better deal than going it alone.  I have the weekend to look for the drawbacks.  However, my attorneys want to file a class action in lieu of solitary action.  No secret here.  They get a lot more money from a class action.

 

What would I be getting myself into if I agreed to being the Plaintiff in a class action?  Or, is it a pretty good deal?

Message 3 of 5
StartingOver10
Moderator Emerita

Re: What can I expect as a class action representative?

Here are a couple of links for 'pro and con' info for class action suits:

http://resources.lawinfo.com/civil-litigation/civil-procedure/class-action/the-advantages-and-disadv...

 

Here is a link I found interesting if you are considering being the class representative: http://www.caclawyers.com/cases

Message 4 of 5
Downto0
Regular Contributor

Re: What can I expect as a class action representative?

 Thanks.  It looks like the attorneys get the real bargain.  The class members get the worst deal because the award is divided among the lot of them.  I've always been told to opt-out of any class action lawsuit because of this.  Class representative seems not so bad.  They get their damages in full plus incentive fees.  I'm going to guess that I'll probably earn my dues because of the depositions and testimony at a possible trial.  Well, if I get 4 or 5 thousand plus my regular statutory damages I think it is probably okay.  As it stands right now, I believe I'm going for it.

 

I'll let you guys know what happens. 

Message 5 of 5
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