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Can you organize a class action and profitfrom it?

Updated: 8/16/2019
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11y ago

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Organize, absolutely! Profit from it? Depends on what you mean. If you are a class representative, you are typically prohibited from getting any payments beyond what other class members get in a settlement or judgment. In a successful class action case, it is common for class action lawyers to ask the court to grant an "incentive award" to the class representatives. Class representatives may also be reimbursed for time and expenses in certain situations. You should talk to a plaintiff class action attorney about your specific situation. Good luck.

Actually, it isn't so absolute. There are statutory and/or court rule requirements for particular cases to be declared a valid class action lawsuit. You are not free to simply file an action and call it a class action so that you can sue on behalf of other people and affect their rights. The court in which the action is filed must first certify it as a valid class action and if your case fails to meet those requirements, then you will not be allowed to "organize a class action lawsuit. You may request that your case be so certified, but the choice is not yours absolutely.

Not only that but if the case is entitled to be certified as a class action lawsuit, the court might not let you organize it and be the plaintiff. All other members of the class have a right to request that they be the "organizers", however if there are competing plaintiffs, the court will decide whether you or someone else can be the "organizer." Again, the choice is not yours absolutely.

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