Have you ever been involved in a class action lawsuit? Most people would say no, but many are involved in class actions and don’t even know it. Every year, companies are sued in class action lawsuits for illegal or irresponsible behavior. Sometimes credit card holders, account holders, or other individuals are added to a suit unless they specifically opt out of the class.
On the other hand, corporations use class action waivers preemptively to prevent people from joining together to file a class action lawsuit against a company. These waivers are included in contracts that consumers sign when they purchase goods or services, and you may not even realize it unless you read the fine print.
By signing the waiver, consumers agree to give up their right to file or join a class action lawsuit and instead agree to pursue any legal claims they may have against a company individually, usually in arbitration. Companies use this sinister contract provision to protect themselves from exposure to potentially large financial losses and extended litigation resulting from class action lawsuits.
Unfortunately, class action waiver provisions are usually enforceable in the United States, even though they take away a very important right: the right to join together to correct corporate wrongdoing. Class actions usually involve small amounts of money owed to each individual class member; so by preventing class actions altogether, the class action waiver makes it financially unfeasible for an individual to file a lawsuit at all.
What Does a Class Action Waiver Do?
A class action waiver is a legal agreement that eliminates the right of an individual to join a class action lawsuit against the other party. This waiver is typically included in contracts between consumers and companies and is used to protect the company from costly class action litigation.
Class action lawsuits occur when a group of individuals file claims against the same company. Rather than filing numerous individual lawsuits, the plaintiffs can pursue a single claim against the company together. This benefits the plaintiffs, allowing them to band together and present a unified front. It also makes the lawsuit financial workable, as one lawsuit is much easier to prosecute than thousands of individual lawsuits, each of which comes with its own costs.
For companies, class action lawsuits can be incredibly expensive and time-consuming. A single class action lawsuit can cost a company millions of dollars in legal fees and possibly drag on for years while it makes its way through the court system. This is why companies often try to limit their exposure to these types of lawsuits by including class action waivers in their contracts.
When you sign a class action waiver, you agree that if there is a dispute, you must pursue claims against the company on your own. These waivers make it much harder for plaintiffs to band together to bring a case and can often lead to a settlement or dismissal of the case .
If you’ve been harmed by a company’s product and signed a class action waiver, you may still have a right to seek compensation for your damages.
If this sounds confusing, don’t worry. Nix Patterson’s class action attorneys are here to discuss your case and see what next steps you should take to get results.
How Will a Class Action Waiver Affect Me?
By waiving your right to a class action lawsuit, if you have a dispute with a company, you can only take legal action against the company on your own instead of joining a larger, possibly more rewarding class action lawsuit.
The effect of a class action waiver can be significant for you as the customer. Such waivers may limit your ability to seek legal remedies for potential wrongdoings by the company. In some cases, you may be forced to take the company to court individually, which can be both difficult and costly. And it may limit the resources you have to pursue a legal case alone, whereas a class action lawsuit could provide more resources and a higher chance of success.
Does Signing a Class Action Waiver Prevent Me from Suing?
A class action waiver is a legal document used in various contexts, including employment contracts, consumer agreements, and other business contracts. While this document prevents you from joining a class action lawsuit against the company or other party, it does not prevent you from filing an individual lawsuit or arbitration. A class action waiver simply restricts you from filing or joining a class action but doesn’t prevent you from pursuing your own claim against the company or other party.
Need Help? Contact Nix Patterson Today.
If you are unsure about a class action waiver you’ve signed or pending class action litigation, contact Nix Patterson to discuss your case with one of our class action attorneys. We can help determine your next steps and guide you through the process to ensure your rights are protected.