The Legal Information Institute explains that a class action lawsuit is “a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group.” In Illinois, a group of (potential) plaintiffs with a similar claim against the same defendant may be able to join together and pursue the case as a class action lawsuit. Here, our Illinois class action litigation attorney provides an overview of the key things to know about these types of lawsuits.
What is a Class Action Lawsuit in Illinois?
Under Illinois law, a class action is a civil lawsuit in which the court certifies one or more plaintiffs to represent a broader group with comparable claims. These cases are governed by 735 ILCS 5/2-801, the Illinois statute that sets the standard for class certification.
Class actions are especially useful when each individual claim may be too small to pursue alone, but the collective impact of the wrongdoing is substantial. Common examples of class action lawsuits in Illinois include:
- Deceptive business practices
- Unpaid wages or overtime violations
- Defective products or unsafe pharmaceuticals
- Data breaches and privacy violations
Requirements for Class Action Certification in Illinois
Not every case qualifies for class action status. In Illinois, courts will only grant class certification if specific requirements are met. The following four elements must be proven:
- Numerosity: The number of affected individuals makes separate lawsuits impractical.
- Commonality: The case involves shared legal or factual issues among all class members.
- Typicality: The lead plaintiff’s claims are representative of the entire class.
- Adequacy: The lead plaintiff can fairly and effectively protect the interests of all class members.
If the proposed class does not meet these criteria, Illinois courts may deny certification and require plaintiffs to file individual lawsuits.
What Happens After the Class is Certified?
Once a class is certified, the lawsuit proceeds on behalf of all eligible class members—unless an individual chooses to opt out. The court will require notice to be sent to all potential class members, outlining their rights and the nature of the legal claims. The litigation then proceeds through discovery, settlement discussions, and potentially trial. A successful outcome may result in a negotiated settlement or a trial verdict, often with significant compensation distributed among class members.
Contact Our Illinois Class Action Lawyers Today
At Saltz Mongeluzzi Bendesky P.C., our experienced class action attorneys are committed to protecting the rights of consumers, workers, and communities across Illinois. If you believe you may be part of a class or have questions about filing a class action lawsuit, we are here to help. Contact us today for a free, confidential consultation. Based in Illinois, we serve clients statewide, including in Chicago, Naperville, Schaumburg, Rockford, Peoria, Champaign, Elgin, Joliet, Arlington Heights, and Evanston.