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Class Members Can Object to the Proposed Settlement You can ask the Court to deny approval by filing an objection. You can't ask the Court to order a larger settlement. The Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue.
Seek Preliminary Approval of Settlement. Provide Class Notice to Absent Class Members. Provide CAFE Notice to Appropriate Government Officials. Anticipate Opt-Outs and Objectors. Seek Final Approval of Settlement.
Under the CPA, consumers are able to collect between $500 and $1,500 per violation. The large penalties associated with CPA may make offending companies more likely to settle claims rather than risk a large trial verdict.
File the class action lawsuit and a motion to certify the class. Once the attorney has filed the lawsuit, the judge will determine if the suit qualifies as a class action lawsuit. If so, the judge will certify the class who has filed the lawsuit. This is the first step in a class action lawsuit.
Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. The lawyers get paid, and so should you.
In most class actions, you need not do anything to join the lawsuit. Most class actions are opt-out lawsuits. In general, you don't need to do anything to “join” a class action. If your legal rights are affected by a class action, you usually will only need to get involved once the case settles.
If you received a class action notice in the mail, this simply means that your legal rights may be affected by a lawsuit that was recently filed or settled. Notices are typically sent after a case has settled and will provide instructions on how to claim part of the settlement.
When a person opts out of a class action lawsuit, it means that he or she will not be bound by the judgment or settlement and retains the right to take legal action against the defendant over the same legal issue.
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