Consumer fraud can affect you in so many ways. This can be seen when you buy an item that is supposed to produce certain results but fails to do so, or the asking price is way higher than what is reasonable. These are examples of consumer fraud. Fraud schemes also exist, in which people pay for certain services, maybe online, but do not receive what they paid for. Identity theft also falls under this category of fraud.
A class action lawsuit is where many plaintiffs who are victims of the same injury choose to have their cases tried together against the same defendant. These kinds of cases are an advantage for many people who have suffered the injury but do not wish to hire a lawyer, considering the costs involved. Class action makes it possible for many of you to have a fair trial.
Class action lawsuits are appropriate in certain cases of consumer fraud. It applies when there is a huge number of people who affected similarly by the defendant. In consumer fraud cases, the defendant usually does the same thing to all clients. There needs to be a similar problem experienced by all those involved. Their legal issue will then be the same. The attorney also has to prove that the class action lawsuits are the best way to handle all their complaints. The similarities have to be thoroughly demonstrated.
Due to the number of plaintiffs involved, the lawyer has to pick one of them to be representative of all their cases. Their title will be lead plaintiff. This plaintiff is tackled with the duty of appearing in court and giving witness accounts. The bulk of their work gives them access to more of the reward when it comes. You will also be deposed, where you shall be asked questions by the defense’s attorneys extensively.
The kind of history an attorney has determines if they shall be the best fit for your choice of a class action attorney. There are rules and regulations that apply in these cases, one who is not familiar with them will not be successful in your case. You must factor in how successful these lawyers have been in the past. The attorney needs to also treat you with respect, and remain honest throughout the trial.
Class action attorneys usually get paid when you receive your reward from the case. The kind of payment they expect will be dictated by the number of plaintiffs involved, the risk of the case, and the agreed upon amount in the win. Usually they ask for 30% of the reward.
This is what is called contingency basis. There are plaintiffs that are rarely aware of their position in these cases, until the attorney lets them know. It would take a lot to get everyone involved up to speed.