When a consumer class action fits
A consumer class action lets one or a few people pursue claims on behalf of a larger group of customers who were affected in the same way. It tends to fit when the problem comes from a uniform practice, such as a standard contract term, a billing system, a marketing claim, or a product design, rather than from one salesperson's conduct. New York's consumer protection statute reaches deceptive acts and false advertising, and other state and federal laws cover areas such as debt collection, credit reporting, and unwanted calls and texts. Many consumer contracts contain arbitration clauses with class waivers, and whether one applies to you is often an early question. The court, not the customers, decides whether the case can proceed as a class.
What to keep
Save the bills, receipts, order confirmations, and account statements that show the charge or the purchase. Take screenshots of the advertising, product page, or label you relied on, because companies change them. Keep the terms of service or contract you agreed to and any emails or chat transcripts with customer service. If you complained, keep the complaint and the response. After you speak with a lawyer, and at the lawyer's direction, write down when you first noticed the problem and how you discovered it, and avoid posting about it publicly.
Stepping forward as a named plaintiff
Most class members never take an active role. A named plaintiff does, and agrees to represent the interests of the whole group, which can include producing documents, answering written questions, and sitting for a deposition. When you first come to us, we look at whether the practice affected others in the same way, whether an arbitration clause stands in the way, and whether your own experience is typical of the group. We explain what being a representative involves, how settlements in these cases are reviewed by the court, and how legal fees are usually handled.
