Consumer, securities, and privacy cases
Class actions are usually described by the setting in which many people were affected in similar ways. Consumer cases involve products, services, fees, or advertising that reached many buyers. Securities class actions are brought on behalf of investors who bought or sold shares during a period when the company's statements are alleged to have been misleading; announcements inviting investors to seek appointment as lead plaintiff are common, but you usually do not need to be the lead plaintiff to share in a recovery. Data breach and privacy cases have grown quickly and often turn on what harm a person must show to sue. Antitrust class actions are brought by purchasers who allege that prices were inflated by unlawful conduct.
Workplace claims and the opt-in difference
Employment cases look similar but often follow different rules. Federal wage claims are typically brought as collective actions, where workers must opt in by filing a written consent, while state wage claims, including those under New York law, may proceed as traditional class actions in which members are included unless they opt out. Discrimination claims can sometimes proceed on a class basis, though courts require substantial common proof. Many employers and consumer companies use arbitration agreements with class action waivers, which can prevent a class case altogether and route claims into individual arbitration.
What the type means for you
In a class seeking money, members usually receive notice and can opt out to preserve an individual claim, while classes seeking only changes in conduct often do not allow opting out. Read any notice for the class definition, the deadlines, and the claims being released. If you think you have a claim that has not yet been filed, early questions are whether you signed an arbitration agreement and whether your situation is shared widely enough to support a class. We can review a notice or a potential claim with you and explain which category it falls into and what each choice involves.
