Definition: Arizona’s consumer-protection statute prohibiting deception, false promises, misrepresentations, and unfair practices in the sale or advertisement of merchandise and services.
Why it matters: Commonly paired with nationwide claims and used to seek restitution and injunctive relief for Arizona consumers.
Notes:
Definition: A contract clause requiring disputes to be resolved by private arbitration instead of court, sometimes waiving the right to participate in a class action.
Why it matters: Can limit class claims; opt-out windows and unconscionability arguments may affect enforceability.
Look for:
Definition: Federal agency that oversees product safety, recalls, and standards for consumer goods (excluding areas regulated by other agencies).
Why it matters: Recall notices, hazard reports, and corrective actions often intersect with consumer class actions.
You’ll see:
Definition: The lawyers appointed by the court to represent the interests of all class members after certification or for settlement purposes.
Why it matters: They negotiate settlements, litigate claims, and request fees subject to court approval.
Consider:
Definition: Federal law allowing legally valid electronic signatures and records when consumers affirmatively consent to receive disclosures electronically.
Why it matters: Impacts online agreements, subscription consents, and delivery of important notices.
Checklist:
Definition: Federal baseline for hourly pay and overtime; states may set higher minimums.
Why it matters: Underpayment claims often proceed as collective actions (opt-in) or parallel state class actions.
Notes:
Definition: Legal standards requiring ads and labels to be truthful, not misleading, and properly substantiated.
Why it matters: Core theory in many false-labeling, pricing, and subscription class actions.
Signals:
Definition: Required disclosures from certain financial institutions explaining data collection, sharing, and consumer rights, including opt-out for some sharing.
Why it matters: Data practices and notice failures can underlie privacy and financial-services class cases.
Includes:
Definition: A fee applied to certain card transactions processed outside the U.S. or in foreign currency.
Why it matters: Inadequate disclosures of ISA or related fees can trigger consumer claims and settlement refunds.
Watch for:
Definition: The person or entity appointed to represent the class, direct strategy, and work with class counsel.
Why it matters: Must be adequate and typical; in securities cases, courts often select investors with the largest loss.
Duties:
Definition: Bank fee charged when a transaction is declined or reversed due to insufficient funds.
Why it matters: Duplicate or misleading NSF/overdraft practices have led to large bank-fee settlements.
Issues seen:
Definition: Primary law includes constitutions, statutes, regulations, and cases. Secondary sources explain or analyze the law (treatises, articles, restatements).
Why it matters: Courts are bound by primary law; secondary sources can persuade and clarify.
Tip:
Definition: A disclosure describing what personal data a site/app collects, how it’s used/shared, and user choices.
Why it matters: Opaque or inconsistent policies can fuel privacy litigation and AG enforcement.
Look for:
Definition: The contract governing use of a website/app, often including arbitration clauses, class waivers, and limitations of liability.
Why it matters: Enforceability depends on how terms are presented and consented to (clickwrap vs. browsewrap).
Key issues:
Definition: A file at a site’s root that tells search engine bots which paths they may or may not crawl.
Why it matters: Helps control crawling; misconfigurations can hide content or block important assets.
Tips:
Definition: Rules requiring clear lease terms (payments, fees, end-of-term obligations) to prevent deceptive leasing practices.
Why it matters: Hidden charges or unclear end-of-term fees can drive leasing class actions.
Watch for:
Definition: Federal law restricting disclosure of personally identifiable information about a consumer’s video viewing.
Why it matters: Frequently litigated against sites/apps that share viewing data with ad/analytics partners without valid consent.
Key issues:
Definition: The neutral third-party firm that runs a settlement: builds the notice site, mails or emails notices, processes claim forms, validates documentation, and issues payments.
Why it matters: They set deadlines, fix claim issues, and answer FAQs.
You’ll see:
Definition: State laws requiring clear pre-signup renewal terms, express consent, post-purchase confirmation, and easy cancellation for subscriptions.
Why it matters: Many subscription settlements (streaming, apps, gyms) hinge on ARL violations.
Typical requirements:
Definition: Court approval that a case can proceed on behalf of a group (the “class”) rather than only the named plaintiff(s).
Why it matters: Certification can unlock broad relief or drive settlement talks.
Watch for:
Definition: A settlement where money is paid out only to class members who file a claim form by the deadline.
Why it matters: Filing takes minutes but is essential to get paid.
Common features:
Definition: A fixed dollar fund (e.g., $10M) created to pay class members, attorneys’ fees, costs, and administration.
Why it matters: If claims are low, individual checks can be larger (often pro rata).
Typical flow:
Definition: Residual funds donated to a charity or institution aligned with the class’s interests when direct payments are impractical.
Why it matters: Ensures leftover money benefits the class indirectly.
Examples:
Definition: Court’s final sign-off that the settlement is fair, reasonable, and adequate after considering objections and evidence.
Why it matters: Payments usually begin only after final approval and any appeals.
Timeline:
Definition: Court-enforceable changes to business practices (e.g., clearer disclosures, better cancellation buttons, improved data security).
Why it matters: Prevents future harm and can be the main benefit in ARL/ROSCA cases.
ARL examples:
Definition: The court-approved method of telling class members about a settlement, their rights, and deadlines.
Why it matters: Good notice means more people claim benefits on time.
Includes:
Definition: A written request to be excluded from the class settlement so you are not bound by the release.
Why it matters: If you opt out, you generally can’t claim settlement money but you keep the right to pursue your own case.
Checklist:
Definition: Court’s initial determination that a proposed settlement is likely fair, allowing notice to issue and the claims process to start.
Why it matters: Key dates (claim, opt-out, objection) are set here.
After prelim:
Definition: Each approved claimant gets a proportional share of remaining funds after fees/costs and any fixed awards.
Why it matters: Payouts can go up or down depending on how many claimants there are.
Tip:
Definition: The settlement’s legal promise that class members won’t sue over the released issues/time period once the settlement is final.
Why it matters: Read the release and class definition carefully.
Look for:
Definition: U.S. law requiring clear negative-option terms online and express, informed consent before charging; mandates simple cancellation.
Why it matters: Often paired with state ARLs in subscription cases.
Signals of compliance:
Definition: Settlement structure with multiple benefit levels—e.g., small payment without proof, higher payments with receipts or detailed records.
Why it matters: Gather documents early to qualify for higher tiers.
Common proofs:
Definition: A sworn statement on your claim form that the information is true; false claims can be rejected or penalized.
Why it matters: Be accurate; don’t exaggerate or submit for products you didn’t buy.
Tip:
Definition: Money owed to consumers that hasn’t been received or cashed—e.g., settlement checks, rebates, closed accounts—often turned over to state unclaimed property programs.
Why it matters: Billions sit with states; you can search and claim it for free.
Key points:
Definition: Three core California consumer statutes used in class actions for deceptive or unfair practices, misleading ads, and unlawful business acts.
Why it matters: Frequently paired with subscription, labeling, and privacy claims.
Remedies:
Definition: A unique code sent via email or mail to identify you as a class member and access the claim portal.
Why it matters: Many settlements require it to file or check claim status.
Finding it:
Definition: Washington law prohibiting unfair or deceptive acts in trade or commerce.
Why it matters: Allows consumers to seek damages, attorneys’ fees, and up to treble damages (capped) for violations.
Notes:
Definition: The court hearing where the judge decides if the proposed settlement is fair, reasonable, and adequate.
Why it matters: Payments usually wait until after final approval and any appeals.
What happens:
Definition: The typical procedural path a class case follows.
Why it matters: Helps set expectations for timing and when to file a claim.
Typical order:
Definition: California privacy law giving consumers rights to know, delete, and opt out of sale/sharing of personal information; CPRA added correction rights and created the CPPA regulator.
Why it matters: Data-sharing and tracking disclosures are frequent class action targets, often alongside VPPA or wiretap claims.
Look for:
Definition: Prohibits unfair or deceptive acts in consumer transactions, such as false representations and omissions.
Why it matters: Often pled with UCL/FAL in product labeling and subscription cases; includes notice requirements for damages.
Remedies:
Definition: Bars untrue or misleading statements in advertising likely to deceive reasonable consumers.
Why it matters: Central to pricing, “Made in USA,” and performance claims; equitable relief is common.
Proof points:
Definition: Prohibits business acts that are unlawful, unfair, or fraudulent; borrows violations of other laws (like ARL/ROSCA) as “unlawful.”
Why it matters: Flexible theory for restitution and injunctions in consumer cases.
Relief:
Definition: Allows employees to bring civil penalties claims on behalf of themselves and others for Labor Code violations, acting as “private AGs.”
Why it matters: Often paired with wage/hour class claims; penalties are shared with the state and employees.
Notes:
Definition: Illinois law regulating collection, use, and storage of biometrics (face, fingerprint, voiceprint, etc.), requiring written notice, purpose, retention schedule, and written consent.
Why it matters: Strict liability + statutory damages have driven major class settlements over time clocks, face recognition, and photo tagging.
Key requirements:
Definition: California privacy laws giving residents rights to know, delete, correct, and opt out of sale/sharing of personal info; CPRA amended/expanded CCPA and created the CPPA regulator.
Why it matters: Data-sharing, targeted ads, and security incidents can trigger class claims and AG enforcement.
Notable rights:
Definition: Federal law setting rules for commercial emails—honest headers/subjects, identification as ads, valid physical address, and opt-out mechanism.
Why it matters: Noncompliant email campaigns and affiliate promotions can spur lawsuits and enforcement.
Checklist:
Definition: Federal law requiring verifiable parental consent before collecting personal info from children under 13 online.
Why it matters: Apps/sites aimed at kids face strict notice/consent duties and data-minimization expectations.
Look for:
Definition: Protects consumers in electronic transfers (debit/ATM/ACH), including error-resolution rights and limits on unauthorized charges.
Why it matters: Recurring debits, negative-option billing, and sloppy dispute handling can lead to class claims.
Hot spots:
Definition: Amends FCRA; among other things, requires merchants to truncate card numbers/expiration dates on receipts to reduce identity theft.
Why it matters: Printing too many digits or the expiration date can trigger statutory-damages class actions.
Compliance tips:
Definition: Federal law governing third-party debt collectors’ conduct—barring harassment, false representations, and unfair practices.
Why it matters: Form letters, time-barred debt, and voicemail/disclosure issues frequently spawn class actions.
Watch for:
Definition: Sets privacy/security standards for protected health information (PHI) handled by covered entities and business associates.
Why it matters: Breaches, tracking pixels on patient portals, and unauthorized sharing can drive enforcement and parallel privacy suits.
Key points:
Definition: Federal trademark law also allowing competitors to sue over false or misleading advertising that harms commercial interests.
Why it matters: While typically competitor vs. competitor, facts may overlap with consumer false-ad class cases.
Signals:
Definition: Sets rules for written warranties on consumer products—clarity, disclosure, and limits on tying warranty coverage to branded parts/service.
Why it matters: Defective products and warranty denials often proceed as class actions under state law + MMWA.
Look for:
Definition: Limits robocalls, autodialed texts, and prerecorded messages to cell phones and certain lines without prior consent; regulates do-not-call rules and fax ads.
Why it matters: One of the most active class-action statutes—per-call/text statutory damages add up fast.
Hot issues:
Definition: A deferential appellate standard asking whether the trial judge made a clearly unreasonable, arbitrary, or untenable decision.
Why it matters: Many settlement approvals, fee awards, and discovery rulings are reviewed under this standard.
Practical note:
Definition: The moment a cause of action legally “begins,” starting the statute of limitations period.
Why it matters: Late filing can bar class claims; discovery rule may delay accrual.
Watch for:
Definition: The named plaintiffs and class counsel must fairly and adequately protect the interests of the class.
Why it matters: Conflicts or inattentive reps can defeat certification or settlement approval.
Signals:
Definition: A legal defense that, even if the complaint’s facts are true, avoids liability (e.g., statute of limitations, consent).
Why it matters: Can narrow class scope or defeat claims at summary judgment.
Common examples:
Definition: Processes to resolve disputes outside trial, including mediation (facilitated negotiation) and arbitration (binding decision).
Why it matters: Many class settlements follow private mediations with neutral facilitators.
Notes:
Definition: A revised complaint adding facts, parties, or claims (often after a motion to dismiss).
Why it matters: Strengthens allegations and class definitions before certification fights.
Tip:
Definition: Default U.S. rule: parties bear their own fees unless a statute or contract shifts fees.
Why it matters: Many consumer statutes allow fee-shifting to encourage enforcement.
In class cases:
Definition: Additional remedies that support the main judgment (e.g., declaratory relief, monitoring, audits).
Why it matters: Often paired with injunctive reforms to prevent future harm.
Examples:
Definition: A formal filing admitting or denying allegations and asserting defenses.
Why it matters: Frames issues for discovery and class certification briefing.
Includes:
Definition: A bond posted by an appellant to cover costs and protect the judgment during appeal.
Why it matters: Can deter frivolous appeals that delay distributions.
Note:
Definition: The judge is the fact-finder and issues findings of fact and law.
Why it matters: Some certified issues may be tried to the bench depending on claims and waivers.
Compare:
Definition: Measures damages as the difference between the value promised and the value received.
Why it matters: Common in false advertising and product mislabeling cases.
Tip:
Definition: Prior decisions from higher courts that must be followed by lower courts in the same jurisdiction.
Why it matters: Drives outcomes on certification, standing, and damages models.
Hierarchy:
Definition: Duties owed by certain actors (e.g., trustees, corporate officers) to act in others’ best interests.
Why it matters: Forms basis for investor, ERISA, and corporate governance class actions.
Claims:
Definition: Parties generally may appeal only from a final decision that ends the case in the trial court.
Why it matters: Limits piecemeal appeals; some orders are immediately appealable by statute.
Exceptions:
Definition: A court may dismiss or transfer a case if another forum is significantly more convenient and appropriate.
Why it matters: Impacts nationwide classes and multi-state claims strategy.
Factors:
Definition: A contract term designating the court/location for any disputes.
Why it matters: Can thwart nationwide classes by forcing suits into particular courts.
Check:
Definition: Claims without legal or factual basis, potentially subject to Rule 11 or state-law sanctions.
Why it matters: Deterrent against abusive tactics; affects fee-shifting motions.
Note:
Definition: Legal process to collect on a judgment by seizing a debtor’s wages or funds held by third parties.
Why it matters: Relevant when defendants fail to pay judgments or settlement obligations.
Limits:
Definition: Where a defendant is “at home” (e.g., incorporation, principal place of business) and can be sued for any claim.
Why it matters: Class actions must fit personal-jurisdiction limits, especially for out-of-state class members.
Compare:
Definition: Court finding that a settlement was made in good faith, often protecting settling defendants from contribution claims by non-settlers.
Why it matters: Encourages partial settlements in multi-defendant class cases.
Factors:
Definition: Court evaluates and decides issues based on evidence and law, not just procedure.
Why it matters: Key for injunctions, summary judgment, and final determinations.
Prep:
Definition: A promise to indemnify or not hold another party liable for certain losses.
Why it matters: Can impact third-party claims and allocation of risk in settlements.
Check:
Definition: Cases that combine a Rule 23 state-law class with an FLSA opt-in collective.
Why it matters: Different notice standards, opt-in vs. opt-out mechanics, and settlement approvals may apply.
Complexity:
Definition: Credit monitoring, dark web scans, and restoration help provided to victims of data breaches.
Why it matters: Often offered along with cash, reimbursements, and security commitments.
Look for:
Definition: Implied promise that goods are fit for ordinary use.
Why it matters: Product defect class actions often include implied warranty claims alongside consumer statutes.
Issues:
Definition: A class primarily seeking uniform injunctive or declaratory relief rather than individualized money damages.
Why it matters: Common for practice changes (privacy, accessibility, labeling).
Note:
Definition: Appellate review of certain non-final orders (e.g., injunctions, class cert under Rule 23(f)).
Why it matters: Can accelerate resolution of threshold issues affecting class scope.
Caveat:
Definition: Each liable defendant can be responsible for the entire judgment, subject to contribution rights.
Why it matters: Influences settlement strategy and allocation among defendants.
State variations:
Definition: Plans to retain critical employees during bankruptcy; subject to court review.
Why it matters: Can affect recoveries in consumer cases tied to insolvent defendants.
Scrutiny:
Definition: A short document capturing the main settlement points before full agreement drafting.
Why it matters: Aligns parties on fund size, class scope, notice, release, and fees early.
Best practice:
Definition: Mental state showing intent to deceive or reckless disregard for truth.
Why it matters: Securities and fraud claims often require particularized scienter allegations.
Evidence:
Definition: Law firm(s) selected to coordinate and manage the class case on behalf of all class members.
Why it matters: Shapes case strategy, work allocation, and fee petitions.
Selection factors:
Definition: Instruction to preserve potentially relevant data once litigation is reasonably anticipated.
Why it matters: Spoliation can trigger sanctions and adverse inferences against a party.
Scope:
Definition: Class certified when a finite fund must be equitably distributed among class members to avoid inconsistent adjudications.
Why it matters: Affects opt-out rights and distribution mechanics.
Consider:
Definition: Agreed or statutory sums for certain violations (e.g., wage statutes).
Why it matters: Can simplify proof and support class-wide damages models.
Limits:
Definition: Protects parties and counsel from liability for statements made in the course of judicial proceedings.
Why it matters: Limits collateral suits based on pleadings and motions practice.
Scope varies:
Definition: Comprehensive notice with full terms, definitions, deadlines, and FAQs.
Why it matters: Court reviews adequacy; guides class members on rights and claims.
Includes:
Definition: A false or misleading statement/omission likely to influence purchasing decisions.
Why it matters: Central element in false advertising, securities, and consumer protection claims.
Proof:
Definition: Rules shielding mediation communications from discovery and use at trial.
Why it matters: Encourages candid negotiation in class settlement mediations.
Caveats:
Definition: Parties must discuss disputes in good faith before filing many motions (discovery, scheduling).
Why it matters: Failure can result in denial of motions or sanctions.
Best practice:
Definition: Clause stating the written contract supersedes prior statements or promises.
Why it matters: Can limit fraud/misrepresentation claims based on pre-contract marketing—but not always.
Check:
Definition: Motion to admit or exclude specific evidence before trial to streamline proceedings.
Why it matters: Shapes what the jury hears in class trials (if any).
Targets:
Definition: Request that court require the dispute to proceed in arbitration per a contract.
Why it matters: Can block or break up class litigation into individual arbitrations.
Issues:
Definition: Argues plaintiff lacks concrete injury traceable to defendant and redressable by the court.
Why it matters: Threshold barrier to many privacy and labeling class actions.
Watch:
Definition: Consolidates related federal cases for coordinated pretrial proceedings.
Why it matters: Efficiency in discovery, consistent rulings, and global settlements in mass harms.
Note:
Definition: Liability for supplying false information without reasonable care, causing reliance and loss.
Why it matters: Often pled alongside fraud and consumer protection statutes.
Elements vary:
Definition: Small sum awarded where rights were violated but no provable economic loss.
Why it matters: Can keep claims alive and support injunctive relief or fee petitions in some regimes.
Note:
Definition: Attorney General litigates to protect the public interest, often under consumer protection laws.
Why it matters: Can complement or compete with private class actions; may yield restitution and penalties.
Remedies:
Definition: Fraud-based claims must state the who/what/when/where/how of the misrepresentation.
Why it matters: Insufficient detail can lead to dismissal before discovery.
Tip:
Definition: Standardized forms collecting key facts from claimants in mass tort/data breach MDLs.
Why it matters: Drives case vetting, bellwether selection, and settlement grids.
Contents:
Definition: A historical/procedural device challenging suit defects (venue, parties) without reaching merits.
Why it matters: Modern equivalents include motions to dismiss for improper venue or nonjoinder.
Modern practice:
Definition: Motions to alter, amend, or obtain relief from a judgment; tools to enforce or stay execution.
Why it matters: Impacts timing of distributions and accrual of interest.
Tools:
Definition: Temporary relief requiring likelihood of success, irreparable harm, and balance of equities.
Why it matters: Can halt harmful practices while class case proceeds.
Evidence:
Definition: Directs parties to preserve documents, ESI, and physical evidence.
Why it matters: Prevents spoliation in data-heavy consumer and privacy cases.
Scope:
Definition: The party who wins relief on the merits or via consent judgment, qualifying for fees by statute/contract.
Why it matters: Drives attorney-fee petitions in consumer rights cases.
Question:
Definition: Binding sources of law that courts apply to decide disputes.
Why it matters: Class actions turn on what primary law requires and whether defendants complied.
Use with:
Definition: Non-binding commentary explaining or summarizing primary law.
Why it matters: Helps courts and parties interpret statutes and cases; persuasive only.
Examples:
Definition: How a site/app obtains agreement to its terms—clear, proximate consent (clickwrap) is more enforceable than passive links (browsewrap).
Why it matters: Enforceability of arbitration, class waivers, and limitations turns on the consent flow design.
Best practices:
Definition: Money owed to individuals that goes uncashed or unclaimed (e.g., checks, credits) and may be turned over to state unclaimed property programs.
Why it matters: Settlement checks that expire or can’t be delivered may end up with state agencies; consumers can search and claim later.
Tip:
Definition: A code in your email or mailed notice that links your contact info to the claim portal for a specific settlement.
Why it matters: Speeds up verification; not always required—many portals allow lookup by name and email.
If missing:
Definition: “Open” means the claim portal is live (before the deadline). “Closed” means the deadline passed or all payments were distributed.
Why it matters: Closed cases may still pay late if checks reissue or via unclaimed property; otherwise, no new claims are accepted.
Watch for:
Definition: Prohibits unfair or deceptive acts in trade or commerce that affect the public interest.
Why it matters: Allows private suits, AG actions, and treble damages up to a cap for consumers.
Elements:
Definition: Requires certain employers to give advance notice of plant closings or mass layoffs.
Why it matters: Short-notice layoffs can trigger class/collective claims for back pay and benefits.
Notes:
Definition: Settlement resolving claims that a company misled investors, affecting share price (e.g., Exchange Act §10(b)/Rule 10b-5).
Why it matters: Investors file claims with trading records; lead plaintiff/counsel appointed under PSLRA.
Typical proofs:
Definition: A “certified class” is a court-approved group with named representatives who litigate on behalf of all members.
Why it matters: Certification enables collective relief and trial/settlement leverage.
Requirements:
Definition: “Open” means claims are being accepted; “Closed” means the filing deadline has passed or distribution is complete.
Why it matters: Prioritize open cases with active claim forms.
Tips:
Definition: Settlement money left after some class members don’t file or cash payments.
Why it matters: Courts may order redistribution, cy pres donations, or remittance to states as unclaimed property.
Common outcomes:
Definition: Class actions over securities fraud or misstatements affecting stock or bond purchasers.
Why it matters: Often large funds; claims require trade data and proof of transactions.
Notes:
Definition: Federal law requiring covered employers to give 60-day notice before certain mass layoffs or plant closures.
Why it matters: Employees may recover back pay and benefits for violations; often brought as class cases.
Coverage:
Definition: PAGA lets workers enforce CA labor code penalties; FLSA is the federal wage-and-hour law covering minimum wage/overtime with collective actions.
Why it matters: Foundation for many wage-hour class and representative actions.
Key points:
Definition: Laws that prohibit price-fixing, bid-rigging, monopolization, and other anti-competitive conduct.
Why it matters: Enable large consumer and direct/indirect purchaser class actions.
Signals:
Definition: Fraudulent billing or improper claims to state/federal Medicaid programs.
Why it matters: Leads to government recoveries and compliance reforms; sometimes related consumer restitution.
Examples:
Definition: The official site to stop pre-screened credit/insurance offers that use your credit data.
Why it matters: Reduces junk mail and limits exposure of personal info.
Options:
Skim the terms before filing a claim or reading a notice email. Focus on deadlines, what the release covers, and whether benefits are claims-made or from a common fund. For subscription cases, check ARL and ROSCA terms and any injunctive relief that improves cancellation or disclosures.