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Class Action Lawsuit FAQ - page 2
2. What types of class actions may be filed?Most class actions are filed for compensatory (money) damages. Occasionally, class actions are filed to seek a declaratory judgment. Additionally, many class actions seek injunctive relief. For example, a class action may be filed to request the court order the authorities to discontinue an unconstitutional practice, or to enforce policies to protect the public.For millions of consumers, participating in a class action is an almost effortless process. Class members are seldom required to do much more than submit a proof of claim and wait for their share of the recovery. The primary disadvantage of a class action, is that despite the large settlements common to class action lawsuits, the settlement must be distributed to a large class of plaintiffs. As a result, individual recoveries are usually quite small. You may have the ability to Opt-Out and maintain your own suit if you have damages which are substantially different from the rest of the class.
3. Can I be bound by a settlement or judgment of a class action?Yes. If the constitutional and procedural protections required for fairness are met in the lawsuit, all absent class members are bound to the judgment or settlement of the case. However, if the action is primarily for monetary damages, absent class members are entitled to notice and an opportunity to "opt-out" (exclude themselves) from the lawsuit. If one opts-out of the class action, they are not bound by any judgment or settlement of the class action. In the event a class action is for declaratory or injunctive relief, notice is not necessary to bind absent class members and the court may not allow your to opt-out.
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