Frequently Asked Questions
- What is a class action?
A class action is a type of lawsuit that allows a person to initiate and prosecute a representative lawsuit on behalf of other similarly situated persons. It is frequently used when numerous people have been similarly affected by someone’s unlawful conduct.
- What does it cost me to join a class action lawsuit?
Generally, there is no out-of-pocket cost to any class member regardless of the outcome. Robbins Geller primarily works on a contingent fee basis, where the Firm pays all costs and expenses. If Robbins Geller is successful in obtaining a recovery on behalf of class members, it will ask the court to award the Firm fees and expenses from the recovery. The amount of the fee award will depend on a number of factors, including the size of the recovery and the duration and complexity of the litigation.
- I never notified the manufacturer or retailer of the defect in the flushable product or the problems caused by their use; am I part of the class action lawsuit?
Yes, if you purchased a particular manufacturer’s flushable product and experienced clogging or damage to your plumbing or septic system, and did not receive adequate compensation or reimbursement from the manufacturer, then you are a putative class member for whom we are trying to seek recovery. If the Firm is successful, you will be eligible to share in the recovery.
- Why is there more than one law firm involved?
It is typical in class action lawsuits that several law firms will file similar complaints. This is simply because different plaintiffs contact and retain different law firms to pursue the same matter. Generally, the cases will be consolidated and heard by the court as one lawsuit, with each of the law firms participating on behalf of their clients in a capacity to be determined by the court.
- Why should I apply for class representative status?
The class representative is a proactive member of the plaintiff class who acts as a representative party in a fiduciary capacity for all of the other class members. He/they are the client(s) with whom counsel will consult during the litigation. Class representatives are appointed by the court at the class certification stage of the case.
- How long will the lawsuit take before it is resolved?
Each case is different; however, a typical class action will take 2-3 years.
- What is a claim form?
A claim form is the court-required document that all class members must file to participate in a court-approved settlement. If you seek participation as a named plaintiff in a lawsuit, a class representative, or simply join our mailing list, this document will be mailed to you with a settlement notice.
- What is a settlement notice?
A settlement notice is a notice approved by the court following preliminary approval of a proposed class action settlement which describes the terms of the settlement and outlines the rights of the class members under that settlement.
- How much money will I receive?
The damages paid to class members depends greatly on the interest of the class members in the suit as well as the agreed settlement or court-ordered judgment.
- Will I have to testify?
Probably not, unless you are named as a plaintiff in a lawsuit or the court appoints you class representative. The named plaintiff(s) and class representative(s) generally testify on behalf of the class.
- I live outside the United States. Can I still participate?
Yes, as long as you purchased the purportedly flushable product in the United States.