How to Start a Class Action Lawsuit — Complete Step-by-Step Guide to Filing a Class Action
By Steve Levine
Published: May 7, 2026 · Last Updated: May 9, 2026
Type
Educational Guide
Where to Start
Consult a Class Action Lawyer
initial consultations are typically free
Cost to Named Plaintiff
$0 (Contingency Basis)
attorney fees paid from settlement fund if case wins
Legal Framework
Federal Rule 23 (or State Equivalent)
plus Class Action Fairness Act of 2005 for federal jurisdiction
How Do I Start a Class Action? The Honest Short Answer
You do not start a class action lawsuit alone. You start it by finding an experienced class action lawyer who agrees to take your case and become Class Counsel. The lawyer files the complaint, you become the named plaintiff, and the lawyer (working on contingency) advances all the money and procedural work needed to litigate. That is the realistic path for almost every consumer who has been wronged on a class-wide basis.That short answer surprises some readers, so here is why. Class actions are governed by Federal Rule of Civil Procedure 23 (or the state-court equivalent). Rule 23 requires the class representative and class counsel to "fairly and adequately protect the interests of the class" of potentially thousands or millions of absent class members. The procedural, legal, and capital demands of running a class action through investigation, filing, discovery, class certification, summary judgment, and trial preparation are essentially unworkable for a non-lawyer acting alone. Even seasoned solo practitioners typically partner with established class action firms because the cost of a single case can run into the millions of dollars.
The good news is that this structure is designed to favor the named plaintiff. Class action lawyers work on contingency, meaning the law firm pays all the costs and recovers its fees only if the case wins or settles. The named plaintiff almost always pays nothing out of pocket, regardless of outcome. This article walks through the full process, including how to evaluate whether your situation is class-actionable, how to find a class action lawyer, what Rule 23 requires, what your role would be as a named plaintiff, and what to expect across the typical multi-year timeline.
What Is a Class Action? (Brief Refresher)
A class action is a procedural device that allows one or more representative plaintiffs (called the named plaintiffs or class representatives) to bring a lawsuit on behalf of a larger group of similarly situated people (the class). According to the Cornell Legal Information Institute, the modern federal class action mechanism took its current shape in the 1966 amendments to Federal Rule of Civil Procedure 23, building on a procedural tradition that stretches back to nineteenth-century English equity courts.The class action exists to solve a specific problem: when many people have been harmed in the same way by the same defendant, but each individual claim is too small to justify a separate lawsuit, individual litigation is impractical or impossible. A class action aggregates the small claims into one collective proceeding, makes the case economically viable to litigate, and binds the defendant and all class members to a single judgment.
For background on the various types of class actions and the terminology used in this article (named plaintiff, class representative, putative class, certification, opt-out, common fund, etc.), see OCA's Class Action Dictionary.
Step 1: Determine Whether Your Situation Could Be a Class Action
Before contacting a lawyer, it helps to think through whether your situation has the structural features of a viable class action. Not every legal grievance is class-actionable, and class action attorneys decline far more potential cases than they accept. Three questions matter most:• Are many people harmed in the same way? The hallmark of a class action is that the same conduct harmed many people similarly. If you are the only one affected, your claim is an individual lawsuit, not a class action. Examples that often satisfy this test include data breaches affecting all customers of a company, deceptive advertising of a product purchased by millions, wage-and-hour violations affecting a defined class of employees, defective products sold to many consumers, and securities fraud affecting all shareholders during a class period.
• Is the harm to each individual relatively small but the aggregate harm large? Class actions exist primarily to pool small claims that would not be economical to bring individually. A $10 overcharge on every consumer's bill across 30 million customers ($300 million in total harm) is a classic class action fact pattern. A single individual's $500,000 personal injury claim is not, because individual litigation is economically viable.
• Is there a clearly identifiable defendant whose conduct connects all the claims? A class action requires a defendant whose actions caused harm in a common, traceable way. If the only thing connecting injured people is that they all had bad outcomes through unrelated mechanisms, a class action will fail at the commonality stage of certification.
If you can answer yes to all three, your situation may be class-actionable. The next step is finding a lawyer who will evaluate the case in detail.
Step 2: Find a Class Action Lawyer
Class action attorneys specialize. The lawyer who handled your real estate closing or wrote your will is typically not the right lawyer for a class action. The American Bar Association recommends several paths to identify and evaluate class action counsel:• ABA-approved Lawyer Referral and Information Services (LRIS). The American Bar Association maintains a directory of state and local bar association referral programs that meet ABA quality standards. ABA-approved LRIS programs verify that referred attorneys carry malpractice insurance and meet objective experience requirements in the relevant practice area. The ABA's directory of approved LRIS programs is available at americanbar.org under the Lawyer Referral resources section.
• Direct outreach to class action firms. Public court records (PACER for federal courts, state-court electronic records where available) identify firms that actively litigate class actions in your subject area. Searching for recent class action complaints involving similar claims is one way to identify firms with relevant experience. Most class action firms accept inquiries through their websites with no obligation.
• Referrals from organizations connected to the legal claim. Labor unions, nonprofit advocacy organizations, professional associations, and community groups sometimes refer class members to class action firms with whom they have an established relationship. The American Bar Association's "Class Actions 101" practice guidance notes that class action attorneys often work with such organizations because the organizations have access to potentially affected populations. If your situation connects to such an organization (a labor union for a wage-and-hour case, a consumer protection nonprofit for a deceptive advertising case, etc.), a referral request to that organization is worth making.
• Referrals from another lawyer. Lawyers in other practice areas often refer class action cases to specialists. If you already have an attorney for any matter, asking them for a referral to a class action firm is a reasonable first step.
What to look for: a firm that has actually litigated class actions in your subject area (consumer protection, wage and hour, antitrust, securities, data breach, etc.), has current attorneys admitted to practice in the relevant federal or state court, and is willing to provide a free initial consultation. Initial consultations with class action attorneys are typically free, and the consultation itself does not create an attorney-client relationship until a written engagement agreement is signed.
Step 3: Understand the Federal Rule 23 Requirements
If a class action lawyer agrees to take your case, the lawsuit will need to satisfy Federal Rule of Civil Procedure 23 (for federal court cases) or the state-court equivalent. Rule 23 has two layers, and the case must satisfy both. Per the Cornell Legal Information Institute's authoritative reference text, Rule 23(a) requires four threshold elements:• Numerosity. The class is so numerous that joining all members as individual plaintiffs is impracticable. There is no fixed number, but classes of 40 or more generally satisfy this test, and most modern consumer class actions involve thousands or millions of class members.
• Commonality. There are questions of law or fact common to the class. Commonality after the Supreme Court's 2011 ruling in Wal-Mart Stores, Inc. v. Dukes requires that the case can be resolved on a class-wide basis with common evidence, not just that class members share some incidental fact pattern.
• Typicality. The named plaintiff's claims are typical of the claims of the absent class members. The named plaintiff's circumstances cannot be unusual or unique; they must be representative of the class's experience.
• Adequacy of representation. The named plaintiff and Class Counsel will adequately and fairly represent the interests of the absent class members. Adequacy covers both adequacy of the named plaintiff (no conflicts of interest with the class) and adequacy of counsel (sufficient experience, capacity, and resources).
Beyond Rule 23(a), the case must also fit at least one of the three Rule 23(b) categories:
• Rule 23(b)(1): Risk of inconsistent or varying adjudications across class members, or that an individual decision would impair other class members' interests. Used in pension cases, ERISA cases, and limited-fund cases.
• Rule 23(b)(2): Defendant has acted or refused to act on grounds applicable to the entire class, making injunctive relief or declaratory relief appropriate for the class as a whole. This is the standard category for civil rights cases, employment discrimination cases, and other cases where money damages are not the primary goal.
• Rule 23(b)(3): Common questions predominate over individual questions, and a class action is superior to other available methods for resolving the dispute. This is the category for most consumer protection, antitrust, and small-dollar damages class actions. Notice and opt-out rights are required for Rule 23(b)(3) classes.
The court evaluates Rule 23 compliance at the class certification stage, typically 12 to 36 months into the case. If certification is denied, the case generally proceeds (if at all) as an individual lawsuit, not a class action.
Step 4: Federal vs. State Court (CAFA Jurisdiction)
Class actions can be filed in federal court or state court, and the choice of forum has significant practical and legal consequences. The Class Action Fairness Act of 2005 (CAFA), Public Law 109-2, expanded federal jurisdiction over class actions. According to the Federal Judicial Center, CAFA was designed in part to shift class action litigation from state courts (where some courts had developed reputations for plaintiff-favorable rulings) to federal courts.CAFA grants federal courts subject matter jurisdiction over class actions where:
• The proposed class contains at least 100 members
• The aggregate amount in controversy exceeds $5 million (28 U.S.C. section 1332(d)(2), (5)-(6))
• There is minimal diversity of citizenship between any class member and any defendant (unlike traditional diversity jurisdiction, complete diversity is not required)
Class actions that meet these thresholds can be filed directly in federal court or, if filed in state court, removed to federal court by the defendant. Class actions that do not meet CAFA's thresholds (smaller classes or smaller dollar amounts) generally must proceed in state court under state class action rules. CAFA also requires defendants to notify federal and state regulators of proposed settlements within 10 days of filing (28 U.S.C. section 1715), which gives state attorneys general an opportunity to review and object to proposed settlements that may be unfair to class members.
For non-monetary class actions (e.g., civil rights cases seeking only injunctive relief), CAFA's $5 million threshold does not apply, and the case may proceed under traditional federal-question jurisdiction or state-law jurisdiction.
Step 5: What Happens After the Complaint Is Filed
Once the class action complaint is filed, a typical case proceeds through the following phases. The named plaintiff's day-to-day involvement is generally limited; the law firm handles substantially all of the work.• Filing and service. The complaint is filed with the court and served on the defendant. The defendant typically has 21 days to respond (or longer in complex cases).
• Motion to dismiss. Defendants typically file a motion to dismiss arguing that the complaint fails to state a viable legal claim. If granted, the case is dismissed (often with leave to amend); if denied, the case proceeds. The motion-to-dismiss phase typically takes 6 to 18 months.
• Discovery and class certification. If the case survives the motion to dismiss, the parties engage in discovery (depositions, document production, interrogatories, requests for admission). The named plaintiff sits for a deposition during this phase. Class certification is typically briefed and decided during or after discovery, 12 to 36 months into the case. According to the Federal Judicial Center, the class certification decision is the single most important procedural milestone in any class action because a denial typically ends the case as a practical matter and forces individual litigation.
• Summary judgment and trial preparation, or settlement. After class certification, the case either proceeds toward summary judgment and trial (rare) or toward settlement (much more common). According to a Federal Judicial Center study of CAFA-era class actions, the substantial majority of certified federal class actions resolve through settlement rather than trial verdict.
• Preliminary settlement approval, notice, and final approval. If the case settles, the parties submit the settlement to the court for preliminary approval. Notice then goes to the class. Class members can file claims, opt out, or object during a specified window. The court then conducts a Final Fairness Hearing and either approves or rejects the settlement.
• Payment distribution. After final approval and resolution of any appeals, the Settlement Administrator distributes payments to class members. Distribution typically occurs 6 to 18 months after final approval.
Step 6: What Does a Named Plaintiff Actually Do?
The role of the named plaintiff (also called the class representative or lead plaintiff) is significant but more limited than many people assume. The named plaintiff or lead plaintiff is the face of the case and bears certain duties, but does not personally direct strategy or fund the litigation. The American Bar Association's "Class Actions 101" practice series describes the role as follows:• Sign the complaint under penalty of perjury. The named plaintiff certifies the factual allegations in the complaint to the best of their knowledge.
• Sit for a deposition. Defendants will typically depose the named plaintiff during discovery to test their qualifications as class representative. This is usually the most demanding obligation of the role.
• Produce documents and respond to written discovery. The named plaintiff provides relevant documents (receipts, communications, employment records, etc.) and responds to written interrogatories and requests for admission.
• Supervise Class Counsel in a general sense. The named plaintiff has a duty to monitor counsel's work and ensure that the class is being adequately represented. In practice, this involves reviewing major filings and approving major settlement decisions.
• Possibly testify at trial or at the Fairness Hearing. If the case goes to trial (uncommon), the named plaintiff typically testifies. If the case settles, the named plaintiff may submit a written statement supporting the proposed settlement.
What the named plaintiff does NOT do: pay legal fees, draft motions, conduct discovery personally, or direct litigation strategy. That is Class Counsel's job. The named plaintiff also does not personally bear financial risk; if the case loses, the law firm absorbs the costs.
In exchange for serving as named plaintiff, courts often approve a service award (also called an incentive award) of $1,000 to $25,000 (occasionally higher for cases with extraordinary demands on the representative), in addition to the named plaintiff's pro rata share of the class recovery.
Step 7: Understand the Statute of Limitations and Tolling
One of the most important practical issues for anyone considering a class action is the statute of limitations: the deadline by which a claim must be filed. Statutes of limitations vary by claim type and jurisdiction (often 2 to 6 years for consumer protection claims, 3 to 4 years for federal antitrust claims, etc.). Missing the deadline generally bars the claim entirely.Class actions have a special tolling rule under U.S. Supreme Court precedent. In American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), the Court held that the timely filing of a class action complaint suspends (tolls) the running of the statute of limitations for all asserted class members. This means that if a class action is filed and certified, absent class members do not need to file individual lawsuits during the class action's pendency to preserve their rights. The 1983 case Crown, Cork & Seal Co. v. Parker, 462 U.S. 345, extended American Pipe tolling to absent class members who later file individual lawsuits after class certification is denied. The 2018 case China Agritech, Inc. v. Resh, 138 S. Ct. 1800 (2018), clarified that American Pipe tolling does not extend to successive class actions.
The practical takeaway: if you believe you have a class action claim, contact a lawyer sooner rather than later. The statute of limitations runs from when the claim accrued (typically when the harm occurred), and waiting can foreclose the case entirely. A qualified class action attorney will review the relevant statutes of limitations during the initial consultation.
Multidistrict Litigation (MDL): A Different Path
Some large-scale cases do not proceed as traditional class actions but instead through multidistrict litigation (MDL), governed by 28 U.S.C. section 1407. According to the U.S. District Court for the Southern District of Illinois, MDL "is comprised of multiple cases involving one or more common questions of fact which have been transferred from different federal districts by the Judicial Panel on Multidistrict Litigation to a single federal district for coordinated or consolidated proceedings."MDL is most commonly used for personal injury cases (pharmaceutical product liability, medical device defects, mass torts) where each plaintiff has individualized damages but common factual issues exist. MDL plaintiffs maintain their individual cases (rather than being absorbed into one class) but coordinate discovery and pretrial proceedings. Bellwether trials test key claims, and the parties often reach a global settlement or settlement matrix that resolves the underlying litigation.
CAFA also defines a "mass action" category for cases involving 100 or more plaintiffs whose claims involve common questions and are proposed to be tried jointly (28 U.S.C. section 1332(d)(11)(B)(i)). Mass actions can be removed from state to federal court under CAFA's jurisdictional provisions, similar to traditional class actions.
If your situation involves a personal injury claim against a pharmaceutical company, medical device manufacturer, or other mass-injury defendant, the right legal vehicle may be MDL participation or an individual lawsuit coordinated within an existing MDL, rather than a Rule 23 class action. A qualified attorney can advise on the right path.
What If You Just Want to Join an Existing Class Action?
Most readers searching for "how to start a class action" actually want to join an existing case, not start a new one. The distinction matters because the path is different.For Rule 23(b)(3) class actions (the most common type for consumer cases), every member of the certified class is automatically included unless they affirmatively opt out by the deadline. Class members do not need to "join" actively; they receive notice and can file a claim during the claim window after settlement is approved. To find existing class actions you may already be a member of, see OCA's database of open settlements and active investigations. Many class actions also send direct notice by email or postal mail using purchase records or subscriber lists obtained from the defendant in discovery.
For Rule 23(b)(2) class actions seeking only injunctive relief (civil rights cases, many employment cases), there is no opt-out right and no claim form. All class members are bound by the outcome.
For mass torts and MDL, individual plaintiffs typically retain their own attorney (frequently on contingency) and join the existing MDL through coordinated transfer. Attorneys with experience in the relevant MDL handle the coordination logistics.
How Many People Do You Need to Start a Class Action Lawsuit?
One of the most common questions about how to start a class action lawsuit is how many people are needed. The legal answer surprises most readers: only one. A single named plaintiff (also called a lead plaintiff or class representative) can start a class action lawsuit on behalf of an entire class that may number in the thousands or millions.What matters is not how many plaintiffs sign on at the start, but whether the proposed class is large enough to satisfy Rule 23(a)'s numerosity requirement. Federal courts generally find numerosity satisfied when the class contains at least 40 members, though no fixed minimum exists. The Cornell Legal Information Institute explains that numerosity simply requires that joining all class members as individual plaintiffs would be "impracticable." Most modern class actions involve hundreds, thousands, or even millions of class members, far exceeding any minimum threshold.
The practical takeaway is that you do not need to recruit other plaintiffs before contacting a class action lawyer. The class certification process, which Class Counsel handles, identifies and quantifies the absent class members later in the case. You only need to be one person who has been harmed by the defendant's conduct in a way that is typical of the broader group.
How Much Does It Cost to Start a Class Action Lawsuit?
Another high-frequency question about how to file a class action lawsuit is how much it costs. For the named plaintiff, the cost to start a class action lawsuit is typically zero out of pocket. Class action lawyers almost universally work on a contingency fee basis, which means three things in plain English:• No upfront retainer. You do not pay the law firm anything when you sign the engagement agreement to start the case. If a class action firm asks for an upfront retainer, that is a strong red flag that warrants a second opinion from another firm.
• The law firm advances all litigation costs. Filing fees ($350 to $500 in federal court), expert witness fees (often $50,000 to $500,000 in complex cases), deposition costs, document review costs, and notice-and-administration costs at settlement are all advanced by the law firm. The named plaintiff does not write checks for any of these expenses during the case.
• The law firm gets paid only if the case wins or settles. Attorneys' fees in class actions are typically 25 to 33 percent of the gross common fund subject to court approval under Federal Rule 23(h). If the case loses or class certification is denied, the law firm absorbs all the costs and the named plaintiff owes nothing.
For comparison, behind the scenes the lawyers' costs are substantial. Class action firms commonly invest hundreds of thousands or millions of dollars per case, working for years before seeing any return. This is why class action lawyers are selective about which cases they accept and why most cases pursued by reputable class action firms have strong legal merit.
Can You File a Class Action Lawsuit Without a Lawyer?
Searches for "how to file a class action lawsuit without a lawyer" reflect a common wish to save money or maintain control. The honest answer is that you cannot realistically file a class action lawsuit without a lawyer, and attempting to do so generally fails at the first procedural hurdle.The legal reason is Rule 23(a)(4)'s adequacy of representation requirement. To certify a class, the court must find that the named plaintiff and class counsel will fairly and adequately protect the interests of the absent class members. A pro se litigant (someone representing themselves without a lawyer) cannot satisfy the adequacy requirement because federal courts have consistently held that pro se plaintiffs cannot represent the legal interests of others. Federal courts routinely dismiss pro se class action complaints at the pleading stage on this basis alone, before the case ever reaches discovery or class certification.
The practical reason is that class action litigation is procedurally and substantively complex enough that even seasoned solo practitioners typically partner with established class action firms. The capital requirements (often $500,000 to several million dollars per case), the expertise required to draft a class action complaint that survives a motion to dismiss, and the procedural rigor of discovery and class certification make DIY class action litigation effectively unworkable.
What you can do without a lawyer:
• Join an existing class action as an absent class member. If a class action has already been filed and certified for the conduct that harmed you, you are automatically included unless you affirmatively opt out. You do not need a lawyer to participate in or receive a payment from an existing class action.
• File an individual lawsuit pro se in small claims court. If your individual harm fits within your state's small claims jurisdictional limit (typically $5,000 to $15,000), you can pursue the case yourself.
• Contact regulators. State Attorneys General, the Federal Trade Commission, the Consumer Financial Protection Bureau, the Department of Labor, and other regulators investigate consumer-protection, employment, and financial-services violations. Filing a complaint is free and may trigger an investigation that produces broader relief than an individual lawsuit could.
• Find a class action lawyer who accepts contingency cases. The realistic path to starting a class action is finding a class action lawyer through an ABA-approved Lawyer Referral and Information Service or through direct outreach. Since class action lawyers work on contingency, the lawyer's involvement does not cost you money. Concerns about cost are not a good reason to attempt a pro se class action.
Do I Need a Lawyer for a Class Action? (Different From Filing One)
"Do I need a lawyer for a class action" is a different question from "do I need a lawyer to start a class action," and the answer depends on your role:• To start a class action as a named plaintiff: Yes, you need a lawyer. See the section above on filing a class action without a lawyer.
• To join an existing class action as an absent class member: No, you do not need a lawyer. Class Counsel for the certified class represents your interests during the case at no cost to you. After settlement, you simply file a claim form (typically a 5-minute online form) by the deadline.
• To object to a proposed class action settlement: No, you do not need a lawyer, though objections drafted by attorneys generally receive more weight from the court. You can also retain your own counsel for the limited purpose of objecting.
• To opt out of a class action: No, you do not need a lawyer to opt out. Opt-out instructions are included with the class notice and require only a signed written request. If you opt out and want to pursue your own individual lawsuit, you will need to retain individual counsel for that purpose.
Common Misconceptions About Starting a Class Action
Several persistent misconceptions about starting a class action lead to wasted time and sometimes to lost claims. Worth knowing:• "I need to gather a lot of plaintiffs first." Not true. A class action typically begins with one or a small number of named plaintiffs. Class Counsel identifies and certifies the absent class members later, during the certification phase. You do not need to recruit other class members yourself.
• "I need to pay a retainer." Almost never true for class actions. Class action firms work on contingency. If a firm asks for an upfront retainer to file a class action, that is a red flag and warrants a second opinion.
• "I can file the class action myself and hire a lawyer later." Strongly not recommended. Federal courts will scrutinize a pro se class action complaint for adequacy of representation under Rule 23(a)(4), and the case is unlikely to survive past the initial pleading stage without experienced class counsel from day one.
• "All class actions get certified." No. Class certification is denied in a substantial percentage of cases, particularly after the Supreme Court's 2011 decision in Wal-Mart v. Dukes tightened the commonality requirement. Whether a case can be certified depends on the specifics of the conduct, the class definition, and the evidentiary record.
• "The named plaintiff gets a giant payout." Service awards typically range from $1,000 to $25,000. The named plaintiff's pro rata share of the class recovery is usually similar to other class members' recoveries, which can range from a few dollars to a few thousand depending on the case. Class actions are not a path to outsized individual recovery; they are a path to recovery that would otherwise be unavailable.
When You Should Not Start a Class Action
Class actions are not always the right vehicle. Situations where a different legal path is usually better:• Single-plaintiff personal injury or wrongful death. Individual lawsuits are typically more appropriate because damages vary substantially across plaintiffs.
• Employment discrimination claims for one person. Individual EEOC charges and individual lawsuits are typically the better path. Class actions in employment discrimination contexts (like Wal-Mart v. Dukes) are difficult to certify after recent Supreme Court decisions.
• Small-dollar disputes that small claims court can resolve faster. If your individual harm is recoverable in small claims court (typically up to $5,000 to $15,000 depending on jurisdiction), the wait time for a class action (3 to 7 years) is not justified.
• Disputes covered by mandatory arbitration agreements. Many consumer contracts and employment agreements contain class action waivers and mandatory arbitration clauses. The U.S. Supreme Court has upheld the enforceability of these clauses in numerous cases, which can foreclose class action remedies. A class action attorney can review the underlying contract and advise whether arbitration applies.
Sources and Further Reading
All sources cited in this article are government, court, or American Bar Association sources. None of OCA's competitor sites have been used as sources.• Cornell Legal Information Institute, Federal Rule of Civil Procedure 23 (full text and historical commentary)
• Cornell Legal Information Institute, Wex Class Action Overview (encyclopedic background)
• Federal Judicial Center, Class Action Fairness Act historical resource
• Federal Judicial Center, CAFA Interim Reports (empirical studies on the impact of CAFA on federal class action filings)
• American Bar Association, Lawyer Referral and Information Service Directory
• American Bar Association, Class Actions 101 practice series
• U.S. Supreme Court, American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) (foundational tolling decision)
• U.S. Supreme Court, Crown, Cork & Seal Co. v. Parker, 462 U.S. 345 (1983) (extending American Pipe to individual lawsuits)
• U.S. Supreme Court, China Agritech, Inc. v. Resh, 138 S. Ct. 1800 (2018) (limiting American Pipe to non-successive class actions)
• 28 U.S.C. section 1332(d) (CAFA jurisdictional provisions)
• 28 U.S.C. section 1407 (multidistrict litigation statute)
• 28 U.S.C. section 1715 (CAFA federal/state notification requirement)
About This Educational Guide
This article is general educational information about how class actions work in the United States. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for consultation with a qualified attorney about your specific situation. OpenClassActions.com is a consumer news site that covers active and recent class action settlements; we are not a law firm and we do not represent class members. For specific legal advice about whether your situation could support a class action, consult a class action attorney through an ABA-approved Lawyer Referral and Information Service or another qualified source.
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Pre-Qualify| Class Action Quick Reference | |
| Realistic First Step | Contact a class action attorney for a free initial consultation |
|---|---|
| Cost to Named Plaintiff | $0 (typically); class action lawyers work on contingency |
| Federal Legal Framework | Federal Rule of Civil Procedure 23 (Rule 23(a) numerosity, commonality, typicality, adequacy plus Rule 23(b) category) |
| Federal Jurisdiction | Class Action Fairness Act of 2005 (CAFA): 100+ class members, $5M+ aggregate amount in controversy, minimal diversity |
| State Court Alternative | State class action rules (analogous to Rule 23) for cases below CAFA thresholds |
| Lawyer Referral Resource | ABA-approved Lawyer Referral and Information Service (LRIS) directory at americanbar.org |
| Statute of Limitations Tolling | American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) suspends the running of the statute for all asserted class members |
| Named Plaintiff Service Award | Typically $1,000 to $25,000, subject to court approval |
| Typical Case Length | 3 to 7 years from filing to payment distribution |
| Most Common Class Type | Rule 23(b)(3) damages class actions for consumer protection, antitrust, and small-dollar harm |
| Mass Tort Alternative | Multidistrict Litigation (MDL) under 28 U.S.C. section 1407 for personal injury and pharmaceutical/medical device cases |
| Mandatory Arbitration Caveat | Many consumer and employment contracts contain class action waivers and arbitration clauses that may foreclose class action remedies |
| Educational Resource | Class Action Dictionary |