Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.
“A problem affecting thousands of people isn’t automatically a class action.”
25 Buyer-Beware Warnings
- ☐ Identify the underlying harm.
- ☐ Determine who was affected.
- ☐ Determine whether the issue is widespread.
- ☐ Preserve individual evidence.
- ☐ Preserve purchase records.
- ☐ Preserve contracts.
- ☐ Preserve communications.
- ☐ Document dates.
- ☐ Document losses.
- ☐ Identify common facts.
- ☐ Identify individual differences.
- ☐ Search for related litigation.
- ☐ Search for regulatory action.
- ☐ Identify potential defendants.
- ☐ Don’t assume a large number of victims guarantees certification.
- ☐ Understand the difference between individual and class claims.
- ☐ Ask about the proposed class definition.
- ☐ Ask how damages could be calculated.
- ☐ Review arbitration provisions.
- ☐ Review release language.
- ☐ Understand settlement procedures.
- ☐ Verify attorney experience.
- ☐ Understand fee arrangements.
- ☐ Read settlement notices carefully.
- ☐ Don’t assume a settlement is automatically in your best interest.
Premium Checklist
Harm → Population → Common Issue → Individual Differences → Evidence → Defendant → Litigation → Settlement