Class Action

A class action is a procedural device that lets one plaintiff, or a small group of plaintiffs, sue on behalf of everyone who suffered the same alleged harm. The plaintiffs bringing the suit are called the lead or named plaintiffs. Everyone else they represent is the class. The court has to certify the class before the case can proceed as a class action. Certification requires showing that the class is large enough that joining everyone individually is impractical, that there are common questions of law or fact, that the lead plaintiffs are typical of the class, and that they will fairly represent everyone. Class actions are common for data breaches, consumer fraud, securities cases, employment disputes, and product defects. They are how individual consumers can pool their claims into something a defendant has to take seriously, when each claim alone would be too small to pursue. In the US, class actions are governed by Federal Rule of Civil Procedure 23 in federal court, and analogous state-court rules elsewhere. Settlements have to be approved by the court, and class members can object or opt out.