Forum Discussion
tatest
Sep 29, 2014Explorer II
If you have substantial damages and can make a case, you are usually better off to opt out.
Class actions get built on one or a few cases where damages are substantial and large numbers of class members with no provable damages, or rather hypothetical damages (e.g. the market value of your purchase is less because a fault impacts product reputation, or you paid more than you should have for something that might be defective, etc). Making yourself a class member can mean you are not eligible to sue for real damages, you get only the nominal settlement that goes to all members. this exclusion varies, lawyers building class actions set various rules.
If you know you have no real damages, expect no real damages, it can be interesting to see how the seettlement comes out. I've gotten discount coupons for future purchases, checks for small amounts, implied warranties extended, but every so often it is just punative (e.g. defendant pays into some state fund supposedly benefiting the class or the general public) or agrees to desist an offeensive practice and the value of the settlement is based on the cost of doing that.
The latter is not unusual for class actions about false advertisng claims, class can be anyone who patronized xxx retailer or fast-food franchise during yyy time window. One I was in included anyone who bought B&S powered lawn equipment during the years the engines had horsepower ratings. Settlement was that they would switch to specifying torque. Nothing for me, a pile of money in penalties and legal fees.
Class actions get built on one or a few cases where damages are substantial and large numbers of class members with no provable damages, or rather hypothetical damages (e.g. the market value of your purchase is less because a fault impacts product reputation, or you paid more than you should have for something that might be defective, etc). Making yourself a class member can mean you are not eligible to sue for real damages, you get only the nominal settlement that goes to all members. this exclusion varies, lawyers building class actions set various rules.
If you know you have no real damages, expect no real damages, it can be interesting to see how the seettlement comes out. I've gotten discount coupons for future purchases, checks for small amounts, implied warranties extended, but every so often it is just punative (e.g. defendant pays into some state fund supposedly benefiting the class or the general public) or agrees to desist an offeensive practice and the value of the settlement is based on the cost of doing that.
The latter is not unusual for class actions about false advertisng claims, class can be anyone who patronized xxx retailer or fast-food franchise during yyy time window. One I was in included anyone who bought B&S powered lawn equipment during the years the engines had horsepower ratings. Settlement was that they would switch to specifying torque. Nothing for me, a pile of money in penalties and legal fees.
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