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A person or entity can bring a consumer protection class action to help redress wrongdoing regarding a consumer product or service. Consumers can bring cases for improper practices when: (i) a product or service does not perform in the manner in which it was advertised or represented to perform; (ii) a company overcharges or improperly charges consumers for a product or service; or (iii) a company interprets a contract or agreement in a way that unfairly disadvantages consumers.
If the court determines that a larger group of consumers shares the same claims, it will allow the case to proceed as a class action on behalf of all similarly injured consumers. All the small, individual claims are bundled into a larger case that allows individuals who may not normally bring a case on their own or who may not have the financial resources to bring a case to recover for the company’s wrongdoing.
Filing a consumer protection class action enables consumers to level the playing field between big companies and ordinary consumers. Bringing a case as a class action allows access to justice for people who may not otherwise have their day in court, ensures judicial economy by requiring the company to litigate against one group rather than may individuals, and serves to deter corporate wrongdoing by making the company pay for their actions and setting an example to prevent other companies from committing similar harm.
It only takes one person to make a difference. Any person or entity harmed or injured by a consumer product can file a class action. If the court determines that the claims of the individual consumers is so great that it makes sense to bring the case as a class, the court will identify one person or entity, or a small group thereof, to represent the class in the litigation.
A class representative volunteers to represent other similarly situated consumers and agrees to act in the best interests of the class. A class representative stays informed about significant developments in the case and works with class counsel to make important strategic decisions regarding the conduct and disposition of the litigation.
A consumer protection class action typically takes two to three years to litigate. However, each case is unique and some cases can be resolved in less time, while others may take longer. Certain factors that can influence the length of a securities fraud class action include challenges to jurisdiction and venue, discovery disputes, judicial changes, and appeals, to name a few.
No. Representative plaintiffs in actions brought by Robbins LLP are not responsible for paying attorneys’ fees or expenses. All costs and expenses of the litigation are advanced by Robbins LLP. We only recover our fees and costs – paid for by defendants – if we are successful in obtaining a substantial benefit for the class of consumers.