To be fair, class action suits aren't really about recovering damages for the class members. Or at least, not entirely.
That was exactly what they were supposed to be about. The way it usually works out, however, is that the lawyers don't really negotiate on the same side of the table as the class and the class members end up with very little. The lawyers, however, get their fees.
That's why everybody gets pissed about it.
There are other legal remedies to force a change of behavior. If the lawyer wants to use my name (as a class member) for leverage in the suit, he or she should be representing me. The class action is something that is supposed to be for the class members' advantage- working as a group for legal remedy. The tradeoff is you don't get as much legal remedy as you may have had you footed the entire bill and risk of a lawsuit yourself. But some of the negotiated remedies are, indeed, a joke.
>That was exactly what they were supposed to be about.
No, they really aren't, because as the parent says class actions are appropriate where the harm to each individual class member is small, but the small harm is spread out to many people. You as an individual were not harmed much, so you as an individual would not collect much even if you went it alone and recovered 100%. Litigation doesn't (generally) yield more than the harm you suffered.
Besides, if you want a lawyer to represent your interests alone, then you are free to not join the class and pursue your own individual case with the lawyer(s) of your choosing.
Believe it or not, they really are supposed to be about this. Here's a writeup [1] speaking about the Supreme Court's ruling on the matter:
"Purpose?
According to the U.S. Supreme Court, the “principal purpose” of class actions is “the efficiency and economy of litigation.” [4]The Court has also noted other justifications for class actions, including:
the protection of the defendant from inconsistent obligations;
the protection of the interests of absentees;
the provision of a convenient and economical means of disposing of similar lawsuits; and
the facilitation of the spreading of litigation costs among numerous litigants with similar claims.[5]
In other words, people whose claims might be too insignificant to litigate alone can band together. The class action device can eliminate redundancy in the judicial system, streamline litigation, and in some cases, create significant institutional change. "
>pursue your own individual case with the lawyer(s) of your choosing
Fewer people than most realize are actually able to do this. Good lawyers don't generally take contingency cases, and if the case is even remotely involved, fees quickly reach to six figures.
Perhaps worse is the stress. Once initiated, you have virtually no control over the process, and it can take over your life. The motions and counter-motions, delays and hearings will wear you down. If the adversary is much better-funded, then they can make it nearly unbearable.
The legal system is not what most people imagine, especially those who flippantly threaten to sue. You have to go through an action (or be close to someone who is) to really get that. Engaging is stressful and costly and, unless you're a combative type with deep pockets who just loves to fight, you'll likely feel like you lost, no matter the outcome.
This, as much as anything, is why class actions are so prevalent.
> If the lawyer wants to use my name (as a class member) for leverage in the suit, he or she should be representing me
If you're paying them they're representing you. If they spend a single client's or their own time building a case, they're not representing you. They are representing your class. If you want to be represented, opt out and hire a lawyer.
> That was exactly what they were supposed to be about. The way it usually works out, however, is that the lawyers don't really negotiate on the same side of the table as the class and the class members end up with very little. The lawyers, however, get their fees.
The lawyers are getting their fees to pay for the service of causing class-action suits to happen. Even if the remedies for a class member are a joke, the amount the company pays is, supposedly, not a joke (and yes, a good amount of that is probably paying those lawyers), and that's supposed to be a deterrent for other companies who are thinking of making the same mistakes.
Whether this works out in practice is debatable, but the current system is coherent in theory.
That was exactly what they were supposed to be about. The way it usually works out, however, is that the lawyers don't really negotiate on the same side of the table as the class and the class members end up with very little. The lawyers, however, get their fees.
That's why everybody gets pissed about it.
There are other legal remedies to force a change of behavior. If the lawyer wants to use my name (as a class member) for leverage in the suit, he or she should be representing me. The class action is something that is supposed to be for the class members' advantage- working as a group for legal remedy. The tradeoff is you don't get as much legal remedy as you may have had you footed the entire bill and risk of a lawsuit yourself. But some of the negotiated remedies are, indeed, a joke.