What is a class action lawsuit anyway?
Before we talk about how to file a class action lawsuit, we need to understand what a class action lawsuit is, and why do so many people want to file one?
Class action lawsuit This is an unusual legal procedure, in which one person or a small group of people represents a very large group of people who have been harmed by some entity (usually a company, municipality or one of the state institutions). In a very similar, almost identical way to the way the class action plaintiff was harmed.
For example: The class action plaintiff was injured by receiving Spam messages from an advertiser and he files a class action lawsuit against that advertiser, and seeks to represent anyone who received spam messages from that advertiser without giving him permission to send him advertising in the first place, or who continued to receive spam messages from that advertiser after sending a request to be removed from the mailing list.
A class action lawsuit doesn't even start as a lawsuit.
The question that should interest most readers is not how to file a class action lawsuit, but how to file request To approve a class action lawsuit, Because that's how every class action lawsuit actually begins.
In contrast to the submission Claim To which all the plaintiff's evidence does not need to be attached, for a request to approve a class action lawsuit, all the evidence must be attached, The affidavits וכל יתר הנתונים שהתובע הייצוגי (שבשלב הבקשה נקרא "המבקש") מעוניין להסתמך עליהם כדי לשכנע את בית המשפט שיש לאשר את הבקשה ולנהל את ההליך הזה כתביעה ייצוגית.
In fact, the stage of the application for approval of a class action lawsuit is, in most cases, the most important part of the class action proceeding because if the court approves the application and allows a class action lawsuit to be conducted, the parties will usually reach a compromise agreement to end the proceeding.
On the other hand, if the court denies the request to certify a class action, the class action will end, and the class plaintiff will usually be liable. Legal expenses.
Before checking how to file a class action lawsuit, check the Class Action Registry.
Don't rush to check how to file a class action lawsuit before you check withClass Action Registry (Press here (And the link appears in the middle of the page) Has a request for approval of a class action lawsuit on the same subject already been submitted?
A class action lawsuit is a kind of startup. Usually, the person who files first will lead the process, and will enjoy the benefits if the process is successful. If another class action lawsuit is filed at the same time on the same issue against the same respondent, the court will usually dismiss the later motion and continue to hear only the first motion.
For this reason, there is no reason to bother preparing a motion to approve a class action without first checking whether there is already an existing motion on the same subject. Furthermore, both the Class Actions Law and the Class Actions Regulations require the plaintiff to notify the court whether there are already additional motions on the same subject. There are court rulings that justify Outright removal of the application for approval of a class action if the applicant does not comply with this obligation.
What cases are suitable for filing a class action lawsuit?
It is important to know that a class action lawsuit cannot be filed on any issue, but only on issues specified in the Second Schedule to the Class Actions Law. It's a long list, but the common cases are these:
1. A claim against a dealer, as defined in the Consumer Protection Law, in connection with a matter between him and a customer, whether they entered into a transaction or not.
2. A claim against an insurer, insurance agent or management company, in connection with a matter, including an insurance contract or provident fund regulations, between them and a customer, including an insured or member, whether they entered into a transaction or not.
3. תביעה נגד תאגיד בנקאי, בקשר לענין שבינו לבין לקוח, בין אם התקשרו בעסקה ובין אם לאו.תביעה נגד נותן שירותים פיננסיים, כהגדרתו בחוק הפיקוח על שירותים פיננסיים (שירותים פיננסיים מוסדרים), התשע"ו-2016, בקשר לעניין שבינו לבין לקוח, בין שהתקשרו בעסקה ובין שלא.
11. תביעה נגד רשות להשבת סכומים שגבתה שלא כדין, כמס, אגרה או תשלום חובה אחר, וכן תביעה נגד רשות מקרקעי ישראל כמשמעותה בחוק רשות מקרקעי ישראל, התש"ך-1960, להשבת סכומים שגבתה שלא כדין במסגרת פעילותה לפי אותו חוק, אף אם אינם בגדר תשלום חובה; תביעה כאמור תוגש לפי פרט זה בלבד.
12. תביעה נגד מפרסם כהגדרתו בסעיף 30א לחוק התקשורת (בזק ושידורים), התשמ"ב-1982, בעילה לפי הסעיף האמור.
How to file a class action lawsuit – the relevant steps
This part of the article is the practical part that explains how to file a class action lawsuit. Of course, it is important to consult an experienced class action lawyer if you believe you have encountered a violation that may be suitable for a class action lawsuit.
Documentation of the violation
A class action lawsuit typically begins when one person encounters a violation of the law. In these cases, it is very important to document the violation and keep relevant documents (such as receipts).
For example: If you purchased baked goods at a bakery but the checkout did not reduce the price Package weight The purchasing and weighing process should be documented on video. It is also important to take photos of the store to show that there are no signs explaining that packaging involves a fee, and of course, keep the receipt proving the purchase of the pastries.
You can also contact the bakery representatives by phone or WhatsApp and ask them whether they are reducing the weight of the packaging or not. The answer may be very significant for the success of the class action lawsuit.
Checking the scope of the violation
It is very important to understand that it is not enough to file a class action lawsuit and claim that if it happened to me, it must have happened to many other people. In other words, if you have been harmed by some entity, you still need to prove that that entity has harmed and is harming a large group of people in a similar way.
Going back to the example of charging for bakery packaging, it is useful to document the violation for a certain period of time (a week, a month, or even longer). The longer the violation is documented, the more likely it is that the violation is relevant to a larger group of people.
Additionally, if the same company has more than one branch, it is highly advisable to conduct inspections at as many branches as possible. The more branches that violate the law, the more damage can be claimed to a larger group of people.
Finding other people who have actually been affected similarly to you
You may be surprised, but when you start looking into how to file a class action lawsuit on a particular issue, you may find other people who have been hurt in a similar way to you.
There is an advantage to some cooperation in filing a class action lawsuit. Personally, I recommend to my clients not to file a class action lawsuit with one applicant but at least two. There are several legal reasons for this, but in general it is important to know that there is an advantage in terms of paying the costs (each person will pay less for fee or Expert opinion or legal costs).
In addition, filing a motion to certify a class action with more than one claimant may prevent claims regarding the absence of Personal reasonOne of the conditions for conducting a class action lawsuit is that the class plaintiff has a personal cause of action – meaning that he was harmed by the company (in a way that he claims that the other members of the group were harmed). If the plaintiff does not have a personal cause of action, in some cases this can lead to the entire class action being dismissed.For this reason, it is important to have more than one applicant in a class action application to reduce the risk that a claim regarding the lack of personal grounds will be accepted and lead to the dismissal of the proceeding.
Contact an experienced class action lawyer
As you have probably understood by now, the answer to the question of how to file a class action lawsuit is complex and requires a lot of legal knowledge and experience.
Starting a class action with an inexperienced lawyer is a sure recipe for failure before you even start. It is very important to remember that the person who ultimately bears the legal expenses of the opposing party is not the lawyer, but the applicant. If the lawyer is unsuccessful, he will not receive a fee, but at the same time you will be forced to pay legal expenses in very significant amounts (which may reach tens of thousands of shekels).
Why should you file a class action lawsuit?
Usually, research on how to file a class action lawsuit leads to this point. People want to file a class action lawsuit because they hear in the media that a successful class action lawsuit leads to significant financial rewards, And that's true.A class action lawsuit that ends in a settlement or judgment in favor of the class members. Will lead to significant financial compensation in favor of the class action plaintiff.
The higher the compensation for the group, the higher the financial compensation for the class action plaintiff. If, for example, the compensation for the group is five million shekels, the class plaintiff will be able to receive compensation paid exclusively to him in amounts that may easily range between 100,000 and 250,000 shekels.
In conclusion
A person who is interested in the question of how to file a class action lawsuit usually does so because they want to file a class action lawsuit. In order to receive special compensation that only the class action plaintiff deserves, after the success of the procedure.
How to file a class action lawsuit is a complex question that requires a very thorough knowledge of the case law and legislation relevant to the world of class actions. For this very reason, it is very important to seek the services of a lawyer who is very experienced in this field.
אדם שרוצה להצליח במסגרת תביעה ייצוגית חייב להוכיח שהוא וקבוצה גדולה של אנשים נפגעו בצורה דומה מאוד מאותו גורם. לא מספיק לטעון בבית משפט "אם זה קרה לי, זה בוודאי קרה לעוד קבוצה גדולה של אנשים".
