A “class action” lawsuit happens when numerous people file a claim against the same person/company for similar injuries. This can otherwise be known as “mass tort” or “multi-district” litigation. Combining all the individual claims into one class action can often increase the amount of compensation received by the injured parties.
Class actions truly became known in American legal history after 1966, when the “class notice” of the Federal Rules of Civil Procedure was amended to protect all class members in a class action lawsuit unless they opt out. Since this point in time, the number of class actions has continued to rise; product liability lawsuits continue to hold various companies liable for defective products and inappropriate testing. The most notable of class action cases concern the claims brought after asbestos was found to cause devastating diseases to workers who for years were exposed to the dangerous substance.
Recent Consumer Protection Class Action Cases
Wells Fargo has recently settled several cases involving the use of collection calls which violate the federal Telephone Consumer Protection Act (the TCPA). The TCPA requires that companies follow a set guideline of rules, including not calling consumers listed on the federal Do Not Call registry, and not calling between certain hours. Violation of these hours could lead to damages and penalties. Wells Fargo settled several large class action lawsuits brought as a result of direct violation of TCPA, and is evidence that consumers need to continue to monitor their rights and record the timing when robocalls and telemarketing calls occur.
Class Action Legislation
Congress recently voted to approve the Fairness in Class Litigation Act, which is set to alter the method with which a class can be certified to bring an action. The legislation provides that a class can only be certified if all members suffered the same type and scope of injury as the named class representative.
A class action representative is often the first person to approach an attorney about an injustice or a wrong committed by a company against the individual, and potentially dozens of other consumers. In the case of Wells Fargo, this involved ongoing robocalls made to customers who were not behind on payments and were not subject to collection actions. Wells Fargo has since settled dozens of cases.
Rodal Law | South Florida Consumer Protection Attorney
If you are currently involved in a consumer fraud case, such as one which includes credit card disputes, do not hesitate to contact Rodal Law. Many other people might be going through the same situation you have found yourself in, and therefore you may be able to go in together through a class action lawsuit. Corporations should be held accountable for their actions, especially when these actions violate state and federal law. Contact our south Florida office near Broward and Miami-Dade County today for your initial free consultation.