How to Start a Class Action Lawsuit

To start a class action lawsuit, you document the problem, confirm that many other people were affected the same way, and bring it to a law firm that handles class actions. In practice, individuals don't file class actions on their own. Courts require the class to be represented by adequate counsel, so a lawyer files the complaint with you as a named plaintiff. Most class action firms evaluate potential cases for free and work on contingency.

Step 1: Check whether it fits a class action

Class actions work when many people suffered the same kind of harm from the same conduct. Good examples include an identical hidden fee charged to every customer, a product with the same defect, a misleading label, a data breach, or a workplace policy that underpaid everyone. Ask yourself:

• ✓Did the same company do the same thing to many people?
• ✓Is the harm similar from person to person?
• ✓Would it be impractical for each person to sue separately?

If your harm is a serious personal injury that differs from others', a mass tort or individual case may fit better.

Step 2: Document everything

Before contacting a lawyer, collect what you can:

• ✓Receipts, invoices, bank or card statements showing the charge.
• ✓Photos of the product, label or defect.
• ✓Emails, letters, texts and chat transcripts with the company.
• ✓Screenshots of advertising, website pages or app screens.
• ✓Your account terms, including any arbitration clause.
• ✓A short written timeline of what happened, with dates.

Step 3: Look for existing cases

Someone may already have sued. Search the company name with "class action," check law firm investigation pages, and look at court records. Our guide to using court records explains how. If a case already exists, you may be a class member automatically, and you can contact the firm to share your experience.

Step 4: Contact a class action firm

Look for firms with a track record in the type of case you have, such as consumer protection, privacy, employment or securities. Many have online intake forms. In a first conversation, expect questions about what happened, when, and what records you have. Ask them:

1. 1Do you handle this kind of case, and have you litigated similar ones?
2. 2How are fees and litigation costs handled if we win or lose?
3. 3What would my responsibilities be as a named plaintiff?
4. 4Could an arbitration clause affect the case?
5. 5How long do you expect it to take?

Step 5: The firm investigates and files

If the firm takes your case, it will investigate further, often looking for other affected people, and then file a complaint proposing a class. From there the case follows the usual stages: early motions, discovery, class certification and possibly settlement.

What it costs

Class action firms usually take cases on contingency, advancing the costs and seeking a court-approved fee only if the case succeeds. You typically don't pay hourly fees. Confirm this in writing before you sign.

Other routes

Not every problem becomes a class action. You can also file a complaint with your state attorney general, the Federal Trade Commission, or the Consumer Financial Protection Bureau for financial products. Government complaints sometimes lead to investigations and refunds, and they create a record of the problem.

What makes lawyers take a case

Firms take on a lot of risk with every class action, so they look closely before filing. They usually want clear evidence that the conduct happened, a large enough group of affected people, a legal theory that has worked before or is well supported, and damages that can be measured across the class. Your documentation helps with all of these. A firm that declines your case isn't necessarily saying you weren't wronged. It may simply mean the case doesn't fit the class action format or the economics don't work, and another firm or a government complaint may still be an option.

Meanwhile, there may already be settlements you qualify for. SettleScout matches the brands, banks and services you use with open cases, so you can claim what you're owed today. Start at the brands directory.