Class action: Overview, definition and example

What is a class action?

A class action is a type of lawsuit where one or more people sue on behalf of a larger group with similar claims. Instead of everyone filing individual lawsuits, a class action combines all the claims into one case. This approach is commonly used when many people are affected by the same issue, like a defective product, misleading business practices, or an environmental disaster.

For example, if a company sells a faulty product that causes harm to thousands of customers, those customers might join together in a class action lawsuit to seek compensation.

Why is a class action important?

Class actions are important because they make it easier for large groups of people to seek justice, especially when individual claims might be too small to justify a separate lawsuit. They save time and resources by handling all the claims in one case, rather than in hundreds or thousands of separate cases.

For businesses, class actions can streamline the legal process by consolidating claims. However, they can also pose significant risks, as a single class action can involve substantial damages if the business is found liable.

Understanding a class action through an example

Imagine a pharmaceutical company releases a drug that has unexpected harmful side effects. Thousands of patients are affected, but the cost of suing individually would be too high for most people. A group of patients files a class action lawsuit, representing everyone harmed by the drug. If the court rules in their favor, all affected patients share in the compensation awarded.

In another case, employees at a company discover they weren’t paid overtime wages as required by law. Rather than each employee filing a separate claim, they come together in a class action lawsuit to recover the unpaid wages.

An example of a class action clause

Here’s how a class action clause might look in a contract:

“The Parties agree that any disputes arising from this Agreement shall be resolved through individual arbitration and waive the right to participate in any class action or collective proceeding.”

Conclusion

A class action allows a group of people with similar claims to combine their efforts into a single lawsuit, making it easier and more efficient to address widespread issues. It’s a powerful tool for ensuring accountability when many individuals are harmed by the same actions.

By understanding class actions and their implications, businesses can better manage risks and draft clear agreements to address how disputes will be handled. For individuals, class actions provide a path to justice that might not be achievable through individual claims.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.