Class Actions

Class Actions

Class Action lawsuits are filed on behalf of a large number of people (a “class”) who have suffered the same or similar injuries caused by the same defendant(s).  Class actions are often brought when the injury suffered by each individual is relatively minor, such that pursuing litigation on their own may not be economically feasible.  However, when you add together the claims for the entire class, the value of the claims increases and the economies of scale in consolidating discovery, witnesses, experts, etc. make pursuing the claims manageable.  In sum, class actions provide individuals a chance to fight back against corporations who have deep pockets for legal counsel prescriptive arbitration provisions in the contracts.

The qualifications for a class action suit are:

  1. The number of plaintiffs in the class makes it effectively impossible for them to all participate in the suit individually.
  2. The class members’ claims involve the same questions of law or fact.
  3. The claims of the class representatives (the named plaintiff(s) in the suit) are of the same type as the larger class.
  4. The class representatives (lawyers and plaintiffs) will sufficiently protect the interests of the class as a whole.

Class action lawsuits hold companies responsible for their actions or products that cause harm to large numbers of people, and allow those people to bring these companies to justice.  Pope McGlamry has many years of experience in class action lawsuits and has won substantial verdicts for the members of these suits, securing total settlements of nearly $1 Billion. We have been doing class actions continuously since the class actions statute was adopted in 1966. Pope McGlamry has been involved in various types of class actions, some of which include:

  • Insurance fraud: Insurance companies sometimes use delaying tactics to avoid paying claims and use misleading and outright false information to justify the delays. People who need the money from that claim are left frustrated as they try to obtain what they are owed.
  • Consumer fraud: Businesses can violate laws designed to protect consumers in many areas.
    • Real Estate Settlement Procedures Act (“RESPA”)
    • Fair and Accurate Credit Transactions Act (“FACTA”)
    • Credit Repair Organizations Act (“CROA”)
    • Truth in Leading Act (“TILA”)
    • Credit Solicitations
    • Collection Letters and Practices
    • Credit Reporting Problems
    • Mortgage Fraud

Consumer fraud can result in victims losing their money or even their homes.

  • Trust beneficiaries: Trustees for trust beneficiaries, such as banks, will misappropriate the funds in the trust, such as putting the funds in high-risk investments belonging to the bank that charge higher fees than regular ones. Trust beneficiaries then end up earning less than what they would earn if the trustee was truly looking out for the beneficiaries’ interests.
  • Diminished value: When a car is in an accident that requires repairs, the owner is supposed to be reimbursed by the insurance company for the diminished value of the vehicle. Some insurance companies refuse to pay the diminished value amount, despite the fact that it is required according to the policy. Pope McGlamry secured settlements in Georgia in excess of $400 million in cash.
  • Deceptive sales practices: There are businesses that sell goods or services using misinformation and deception. Regulations enforced by the Federal Trade Commission (FTC) protect consumers from such actions in a variety of ways.  Some examples include:
    • False advertising
    • Inaccurate pricing
    • Distorting credit or payment terms
    • Representing goods or services to have uses or qualities they do not possess
    • Claiming used or altered goods to be new

Deceptive sales practices violate the bond of trust between seller and buyer, and can cost the victim dearly.

  • Defective medical devices: Poorly built medical devices can injure their recipients. In many cases, the manufacturer was aware of the defects with and potential harm that could result from these devices.
  • Defective drugs: Drug defects are found in both prescription and over the counter drugs. Most drugs have side effects of one kind or another, but some side effects can be so extreme that they are worse than the condition for which they are prescribed. Many manufacturers fail to warn consumers of the dangerous side effects that can be experienced.
  • Product liability: Products that are poorly manufactured can cause severe injury or death.  This is made worse when the manufacturer knows the hazards, but conceals them from the public.

When the neglect and deception of companies result in physical or financial damage, Pope McGlamry is there to set things right.  With class action suits, anyone who has been harmed by a company’s products or practices can be given a road to recovery.  If you or a loved one have suffered due to fraud, product defects or mistreatment by a corporation, we can help you.  Call Pope McGlamry at 877-285-7656 for a consultation with our class action experts.