You’ve probably seen those long legal agreements full of dense language that companies make you accept just to access their products or services. Buried in that impenetrable text are class-action waivers designed to prevent you from joining with other customers to sue the company.
While you may have skimmed right by them, these waivers can have a huge impact on your legal rights as a consumer. In this article, we’ll break down in simple terms what class-action waivers are and how an experienced class action attorney can help.
What Does a Class-Action Waiver Do?
A class-action waiver prevents you from joining forces with other people in a similar situation to file a lawsuit together against a company. It requires that you pursue any legal claims on your own.
That means that instead of joining a class action, you would have to file an individual claim in small claims court or in binding arbitration. For many people, this makes pursuing legal action against a company unrealistic due to the high costs of litigation.
Class-action waivers are very beneficial for companies because they reduce the risk of costly class action lawsuits that could result in large settlement payouts or penalties.
Uneven Playing Field
When you’re up against a corporation in court by yourself, it’s not a fair fight. They have vast legal and financial resources to draw from, while you’re footing the bill for your own lawyer. They can drag the process out for years, racking up your expenses until you’re forced to settle for a fraction of what you’re owed or drop the case altogether.
Loss of Large Settlements
Class actions are able to win much larger settlements than individual claims because the total damages add up across all claimants. If a company’s actions caused small losses to thousands of people, the total compensation in a class action could be huge. But individually, those small losses may not even be worth pursuing in court after legal fees are accounted for.
Forced into Arbitration
Class action waivers usually require you to resolve disputes through arbitration, a private legal process, rather than in open court. Arbitration is tilted in companies’ favor. The arbitrators are often retired judges or lawyers paid by the companies. Hearings and evidence are kept secret, and there are limited appeals.
Will a Waiver Prevent You from Suing?
A class-action waiver does not prohibit you from filing your own separate lawsuit or arbitration claim. The waiver only restricts your ability to participate in a class action. You still have the right to pursue legal action against the company on your own.
Reach Out to Class Lawyer Coalition for Guidance
Pursuing a class action lawsuit can be an arduous process filled with intricacies. As the plaintiff, ensuring your rights are protected requires experienced legal counsel familiar with class action proceedings. The Class Action Lawyer Coalition has the expertise and resources to guide you through each phase of litigation and can prevent you from signing a class-action waiver that limits your options. Our attorneys have a proven track record upholding the rights of clients in a diversity of class actions.
We offer all prospective clients a complimentary initial consultation. This is an opportunity to discuss the details of your situation, determine if you have grounds for a class action, and learn about your legal options. Call 855-938-0980 to schedule your free consultation now!
