What is a Class Representative Plaintiff in a Class-Action Lawsuit?

About Class Representatives in Class Actions

In a class-action lawsuit, a class representative plaintiff, also known as a class rep, is the plaintiff named in the complaint. Often, a person who has been wronged or injured will contact a law firm about a potential case. The law firm will research the person’s claims and determine whether they are unique to that person’s circumstances (in which case a class action lawsuit would not be appropriate), or stem from a uniform practice of the proposed defendant that affects many people similarly (in which case a class-action lawsuit is appropriate).

If a decision is made to proceed with a class action, the law firm will then represent the class representative who files a lawsuit and — later in the process — seeks a court order allowing the class representative plaintiff to speak for all the members of the class of persons who were injured in the same way. The class may be national, statewide, regional or pertain to a specific form of injury or wrongdoing the plaintiff has experienced, but the individual class rep’s experience stands as an example for each individual who is also an affected class member.

WHAT IS A CLASS REPRESENTATIVE?

A class representative serves as a proxy for all similarly situated members of the class they represent. There may be more than one class representative per state (or other geographic region). A proposed class representative is named as a plaintiff in the lawsuit, and that person’s experience giving rise to the claims is described in detail within the complaint.

WHAT WOULD I HAVE TO DO AS A CLASS REP?

As a class representative, your initial obligation will be to spend time collecting documents (receipts, emails, forms, etc.) relating to any interactions you have had with the defendant or regarding the issue at the heart of the lawsuit. We will send you a copy of the lawsuit before we file it so that you can ensure that any information about your interaction with the defendant is accurate.

Class representatives are also advised to keep all affected items such as devices, vehicles, materials or products throughout the duration of the case and to notify their lawyers if, for any reason, they cannot keep a product — for example, if a lease expires on a car or they trade in a car or a consumer product for a new one.

WILL I HAVE TO TRAVEL IF I AM A CLASS REPRESENTATIVE?

Because it is rare for a class-action case to go to trial, it is unlikely that you would have to travel extensively for a case where you are the class representative. However, it is possible that a defendant might seek to depose you at a location away from your home or that you might be called upon to testify at trial. In either situation, we will work with you on any travel arrangements. Please let us know if you have questions. 

DOES IT COST ANYTHING TO BE A CLASS REPRESENTATIVE?

There is no cost to you associated with becoming a class representative. Our law firm will pay any costs associated with the lawsuit, and you will have no obligation at any time to pay anything.

WILL I BE PAID IF I AM SELECTED AS A CLASS REPRESENTATIVE?

Typically, at the end of the case, counsel will request a service award in recognition of the time you invested as a class representative and the effort involved in being an effective and cooperative class representative. However, we cannot guarantee that the court will grant this request.

WHY SHOULD I BECOME A CLASS REPRESENTATIVE?

The simple answer is to right a wrong. An effective class representative plaintiff is one whose main motivation for becoming a class representative is personally wanting to hold the defendant accountable for what has happened. If you feel betrayed, cheated, or victimized by the defendant company and want to take an active role in holding the company accountable, achieving change, or promoting corporate social responsibility, then you would likely be an effective class representative. If you want to make a tangible difference in this case by representing similarly affected consumers and individuals, then you would be an excellent class representative. The fundamental concept of a class action is that one determined individual can stand up to a major corporation on behalf of all the victims.

WHAT HAPPENS NEXT?

If you express interest in serving as a class representative plaintiff, you will be sent a link to the Rights and Responsibilities form that formally sets forth the details of your role in the case. Once you sign the Rights and Responsibilities form, we will contact you to ensure we understand how you have been affected and to confirm that you would be an effective and appropriate class representative.

For more information about serving as a class representative or to discuss any questions you may have, please do not hesitate to contact our legal team at [email protected].