An Overview of Class Action Claims We Handle in Massachusetts
Founded in 1998, Saltz Mongeluzzi Bendesky P.C. is a law firm devoted to providing high-level legal representation to clients. We have a proven record of successful results in a wide range of class action lawsuits—including claims against large corporations and government entities. No matter your situation, our firm is prepared to invest the time and resources to handle it the right way. Some examples of class action lawsuits that our Massachusetts attorneys have experience with include:
Consumer Protection Cases: Massachusetts is committed to protecting its consumers from unfair and deceptive business practices. Indeed, there are both federal laws and Commonwealth laws that protect consumer rights in Massachusetts. A consumer violation case may be best pursued as a class action lawsuit—at least assuming a large number of people are affected by a similar violation.
False Advertising Allegations: Consumers have a right to truthful and non-misleading information about the products they purchase. False advertising claims arise when businesses make material misrepresentations or material omissions when marketing their products or services. Our Massachusetts class action lawyers have the skills and expertise to handle all types of false advertising cases.
Whistleblower Claims: Employees who expose illegal or unethical activities within their organizations are protected under whistleblower laws. Although many whistleblower cases are pursued as individual lawsuits, some whistleblower claims may be class action claims.
Dangerous and Defective Products: In Massachusetts, defective product claims are subject to strict liability. Companies are expected to ensure that their products are safe for consumers. If a product is defectively designed or manufactured, the responsible business may be held accountable. A class action claim for a defective product lawsuit is appropriate if a significant number of victims are affected by the unsafe product.
Wage and Hour Violations: Workers in Massachusetts have rights concerning minimum wage, overtime, and other work-related benefits. When employers violate these rights on a large scale, affected workers can band together to pursue a class action lawsuit against the employers.
Civil Rights Claims: Civil rights matters. Discrimination based on race, gender, religion, sexual orientation, or disability, especially when systemic, can often be addressed through class action lawsuits. A class action civil rights claim is warranted if a large number of people are affected by a similar violation.
Know the Prerequisites to Get Certified for a Class Action Claim in Massachusetts
Even if multiple parties have similar legal claims against a corporate defendant, that does not automatically mean that they have the right to join up as part of a class action lawsuit. Under the Massachusetts procedural rules (Mass. R. Civ. P. 23), there are four specific criteria that must be met for a class action lawsuit to be certified by a court:
- The class is large enough that individual claims would be impracticable;
- The questions of fact and law are sufficiently common among class members;
- The claims and defenses for the representative parties are typical of the class; and
- The representatives of parties will fairly and properly protect the rights of members.
Understanding Your Rights for a Class Action Lawsuit in Massachusetts
A class action lawsuit can be a powerful legal remedy for plaintiffs who have similar underlying legal claims—especially if the defendant is a large entity, such as a big corporation. That being said, individual class members in Massachusetts always have to be prepared to look out for their personal rights and interests. What is best for you may not always overlap perfectly with the other class members. Here are key things to know about your class action rights in Massachusetts:
- Class Members Have Notification Rights: When a lawsuit is certified as a class action, potential class members have the right to be informed about it. Among other things, this means you should receive a clear, concise notice with details about the nature of the case. Full and comprehensive information is key for class members.
- Class Members Have Opt-Out Rights: Opt-out rights matter. If you receive a notification about a class action lawsuit and decide that you do not want to participate, you generally do have the right to opt out in Massachusetts. If you do opt-out, you will not receive any share of the settlement/judgment assuming the claim is successful.
- Class Members Have Right to Personal Counsel: You may want to consult with your own personal legal counsel for a class action lawsuit. In Massachusetts, individual class members always have the right to seek their own personal legal counsel.
- Class Members Have the Right to a Fair Distribution: If the lawsuit is successful and results in a settlement or judgment, class members have the right to a fair distribution of the recovered funds. How much you will be entitled to depends on many different factors. Not all class members are guaranteed an equal share of a settlement or verdict.