How Do I Join a Class Action Lawsuit?

Want to learn how to sign up for a class action lawsuit? You’re in the right place.

For most class action lawsuits, there is nothing you need to do to join a case. That means there’s nothing you can add your name to or sign up for at the beginning and as the case makes its way through the legal process.

Most class action lawsuits are opt-out lawsuits, which means the people expected to be covered by the litigation—who are called class members—are included automatically, unless they specifically request to be excluded.

Only a small number of consumers are involved in a class action lawsuit at the start. Usually, a person or few individuals will find a class action lawsuit attorney, start a class action lawsuit from scratch and then serve as the lead or named plaintiff(s) in the case. Lead plaintiffs essentially file a class action lawsuit on behalf of the proposed group of consumers whom the allegations affect and publicly represent the interests of the group going forward.

For most lawsuits, though, it’s only in the event of a class action settlement that the people covered by a case need to act. Once a case settles, class members typically need to fill out and file a claim form online or by mail by the settlement deadline to receive a share of the settlement money or, in certain cases, settlement rebates or coupons.

Instructions on how to file a claim for a piece of a class action settlement can be found on the official settlement website and on the class notice you will likely receive by mail and/or email if you are an eligible class member. 

Keep in mind: lawsuits involving defective medical devices or drugs are usually not handled as class action lawsuits, but rather as mass torts, for which each injured victim needs to file their own individual lawsuit from the start to be eligible to receive compensation.

Related Reading: What Is a Mass Tort? 

Importantly, some class action lawsuits that deal with wage and hour violations may be "opt-in" cases. This means that an affected employee must affirmatively elect to participate in the lawsuit. Information on how to do so will be found in the class notice they receive.

How Much Does It Cost to Join a Class Action Lawsuit?

It does not cost anything to participate in a class action lawsuit or settlement.

Class action lawyers almost always handle the litigation at their own expense and are often reimbursed these costs if a settlement is reached. Additionally, should they obtain a favorable result through a class action settlement, the attorneys handling the suit will receive fees—the amount of which must be approved by the court—for their work on the case.

In general, any court-approved legal fees from a class action suit will be deducted from the overall settlement amount.

Related Reading: What Is Multidistrict Litigation (MDL)? 

How Do I Know If I’m Covered by a Class Action Lawsuit?

For a class action that has already been filed, you will know if you’re covered by the lawsuit if, in the event of a class action settlement, you receive a class action notice in the mail or by email.

A class action notice generally lays out, among other details, how your legal rights are affected by a particular class action lawsuit and the next steps you can take if you qualify for compensation, a coupon or a rebate.

It is important to read class action lawsuit notices carefully, as some cases cover only those who suffered a particular type of physical or financial harm. In cases where covered consumers cannot be reached via mail or email, notices of the deal will be posted in magazines, on websites or via other media outlets they are likely to visit.

Do I Need Proof to Join a Class Action Lawsuit?

In most cases, there is nothing you need to do to join a class action lawsuit, though it may be beneficial to have proof on hand should the case settle.  

You may be able to participate in a class action settlement with no proof, but depending on the particulars of the deal, consumers who submit proof of purchase or supporting documents with their claim form may be entitled to more, or a different type of, compensation. 

Ultimately, whether you need proof for a class action settlement depends on the class action lawsuit itself and the specifics of any agreement that may be reached in the litigation. This information can usually be found in the class action notice a consumer typically receives in the event they’re eligible for a share of a settlement, as well as on the settlement website.

Related Reading: Open Class Action Settlements

What Happens When I Participate in a Class Action Lawsuit?

For regular consumers, nothing happens as the class action lawsuit proceeds through the legal process. Again, it is generally only if the case settles that those covered by the class action lawsuit and affected by its allegations would need to act.

The named plaintiff in a class action tends to be far more involved in the litigation through its stages, from the time the suit is filed up to and including any court conferences and/or settlement negotiations that may occur.

Once I Sign Up for a Class Action Lawsuit, Do I Need to Be Involved in the Case?

Remember, there is nothing you need to do to sign up for most class action lawsuits. You usually will not have to take any action for the duration of the litigation, other than filling out and filing a claim form should there be a settlement down the road.

Though class members – that is, those covered by the case – will be given the option to attend or speak at certain settlement hearings, this is certainly not a requirement to be involved in a class action.

Related Reading: How to Start a Class Action Lawsuit 

What Are the Possible Outcomes of a Class Action Lawsuit?

The potential outcomes for a class action lawsuit generally include the case being dismissed, resolved through a class action settlement, settled on an individual basis with the plaintiff or plaintiffs, sent to arbitration outside of court or, in rare cases, resolved through jury trial.

Can You Join a Class Action Lawsuit After There’s a Settlement?

Remember, you don't typically "join" a class action case. Generally, the only time you need to act is if there is a settlement resolving the case. This typically involves filling out and filing a claim form online or by mail to receive a share of the settlement.

Should I Join a Class Action Lawsuit? Is It Worth It? What Are the Risks?

Fact is, there is no obvious downside or risk associated with participating in a class action lawsuit. As an average consumer, you do not have to do anything as the case wends through the legal process, as the class action attorneys, and to a lesser extent, the lead plaintiff or plaintiffs, handle nearly all of the heavy lifting for the duration of the litigation.

A prime reason for someone to decline to take part in a class action lawsuit settlement would be if they intend to file their own case against a defendant over the claims at issue. In such an instance, the consumer would have to affirmatively opt out of the proposed class action if they intend on pursuing their own claims. 

In the event of a class action settlement, it is almost always the case that a consumer gives up their right to sue a defendant over the allegations at issue in the lawsuit should they accept the settlement terms.

Related Reading: Open Class Action Lawsuits to Join

How Can I Stay Informed on Class Action Lawsuits I Could Be Involved In?

The best way to stay up to date on the latest class action lawsuit news, recent open settlement updates and other consumer legal news is by signing up for the free ClassAction.org newsletter. 

Related Reading: Mass Arbitration