Will I be kept informed during the course of the class action litigation?
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UPDATED: Oct 9, 2012
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If you are part of a class action lawsuit, you were probably notified of your right to join the class action litigation by a specific attorney and/or law firm that is in charge of the litigation. That law firm should provide you with a source of information. As the case moves forward, you will likely receive mailed notices of any significant changes in the lawsuit.
There may also be convenient ways to access some of this information more quickly. For example, some law firms may set up a toll-free phone number that provides updates daily. Others may maintain websites that are updated as changes in the case take place. However, while you may receive updates regarding major developments in the class action lawsuit, you are not going to be kept fully in the loop or know the day-to-day happenings of the case unless you are the Lead Plaintiff.
The Lead Plaintiff is the person who brings the case to the attention of an attorney and who “certifies” the class (gets the court to approve it); and then many, many additional plaintiffs can join that class. Because there are so many people involved in some class action lawsuits, every plaintiff isn’t going to be communicated with regularly or asked for his or her opinion on the case.
Once you are in the class, you have little control over the case and probably will not receive much more than a few letters in the mail and a final settlement or award if the class wins the class action lawsuit or settles out of court. If you are looking for a high level of involvement, you will need to “opt out” of the class and sue privately.
If you’re unsure of the status of any class action litigation in which you’re involved, you have every right to contact the attorneys involved and ask for updated information, or to ask how you might obtain it. Many people are unsure how quickly such class action lawsuit cases may (or may not) move. Being able to access updated information as desired, rather than waiting for updates, and being unsure when to expect them, makes things much simpler both for those represented in the class action lawsuit and for the law firm in charge of it.