If I hire a lawyer, how do I instigate a class-action case to help all customers who may have suffered losses similar to mine at the hands of a deceptive and predatory marketing practice of a company if my own loss is not that great but it is potentially millions among all customers who haven't yet figured out they are losers? In other words, I know this needs a lawyer but my individual case is worth next to nothing (and frankly not even worth my own time, yet alone an attorney's) but individuals in circumstances different from mine would have greater losses and adding up all that are potentially out there could get into the millions. Contacted attorney general already who got a non-applicable response from company & then said get a lawyer because AG can do nothing. Still in BBB process.
The fact that an individual claim is small is frequently used as justification for filing a class action. The BBB will not help you. If you desire to pursue this as a class action, you should contact an attorney who is experienced in both handling class actions and is knowledgeable in the area of the law in question. Both of the requirements are equally important.
Contact an attorney who frequently manages class action cases. The situation you describe is the prototypical class case. Of course more analysis needs to be made to determine if the facts would support possible certification of the matter as a class--a case is not truly a class action until a court certifies it as such. If you contact lawyers who do class cases, they will ask you question gather documents and do research to see whether they believe the facts support class treatment.
Benjamin T G NivisonLitigation LawyerSeattle, WAWA licensed ·
A class action lawsuit is really designed for the very situation you describe: low damages individually, but significant in the aggregate. This is a tool designed to ensure access to justice for folks who would not have the ability or inclination to bring each claim individually. Nickel-and-dime business practices are often a source of this type of claim.
To bring one, you will need to discuss this with a lawyer in your area who handles these types of cases; since you are in Washington, a Washington-licensed attorney would be a place to start. Depending on the nature and location of the harm, a claim could potentially be brought in a variety of jurisdictions. Working together, you and your attorney will evaluate the merit and the approach to take in your proposed case. Often there is an additional damages award provided to the named class members (the people who start the suit) in a successful suit, to compensate them for the additional work that maintaining a lawsuit entails.
Good luck pursuing this issue. I hope that you will at least seek out an initial legal opinion about your issue, so that you can decide whether this potential claim has legal merit.
