Is there a downside to signing up for a class action lawsuit?
Asked by: Dr. Sven Corkery | Last update: January 10, 2026Score: 4.1/5 (55 votes)
Participating in a class action lawsuit may expose members of the group to unanticipated financial risks. In the course of the legal action, there might be substantial costs incurred by the law firm representing the group. Particularly when the case is extensive or complex, litigation costs can quickly mount.
What are the risks of joining a class action lawsuit?
Considering joining a class action lawsuit? While it can empower you in seeking justice, be aware of potential drawbacks like legal uncertainties, loss of personal control, lower individual compensation, and the often lengthy legal proceedings.
Is it worth it to participate in a class action lawsuit?
And since class action cases may take years, even to obtain a court-approved settlement, “sometimes it's easier to settle an individual case than the entire case,” Feldman says. However, if an eligible member does not plan on filing an independent lawsuit, there's no obvious downside to being a member, he says.
Is there a downside to filing a claim in a class action lawsuit?
Potential Disadvantages of Class Actions
Despite their collective strength, class action settlements may result in lower compensation for individual class members. The total settlement or verdict amount is typically divided among all class members, which can result in relatively small individual payouts.
Will my employer know if I join a class action lawsuit?
Your potential future employers are unlikely to know that you participated in a class action suit against your former employer unless you tell them. If a prospective employer does somehow become aware of your involvement in this suit, they should not discriminate against you for enforcing your rights.
The Truth About Class Action Lawsuits
Does a class action lawsuit count as income?
Generally, settlement funds and damages received from a lawsuit are taxable income according to the IRS.
Does it cost money to join a class action lawsuit?
It costs nothing to join a class action lawsuit. However, in some cases, a person may opt-out of a class action because they feel they can recover more of their damages if they file an individual case.
Why should I opt out of a class action lawsuit?
Opting out of class action lawsuits presents the potential for greater recovery with little downside risk to a company. By remaining in a class action, a company may not have to spend any money on litigation, but it risks leaving millions of dollars on the table as a result of a poor class settlement.
Do class action lawsuits actually pay out?
If your class action lawsuit is successful, you will receive a portion of the settlement or court award. Plaintiffs are paid by a lump-sum payment or a structured settlement. Smaller payouts are usually dispersed as a single payment.
Which is not a benefit of class action suits?
Even though a class action lawsuit streamlines the process by combining similar claims into one case, it does not mean you will receive a quick resolution to your claim. Class action lawsuits can take several years to resolve. However, you might be able to resolve an individual claim in a shorter time.
Should I exclude myself from a class action lawsuit?
Ultimately, the decision to opt out of a class action lawsuit should be based on a thorough assessment of your circumstances, the strength of your claim, and your willingness to take on the risks and responsibilities associated with pursuing your case independently.
How much money do you usually get from a class action lawsuit?
There is no standard average settlement amount because it depends on numerous factors, including the specifics of the case and the number of claimants involved. Numerous factors affect settlement amounts, from the type of employment law violations in question to the harm suffered.
Can I be fired for joining a class action lawsuit?
Can I get fired for participating in a class action lawsuit against my employer? If you participate in a class action against your employer alleging workplace discrimination or violations of wage and hour laws, federal law protects you against retaliation by your employer.
Is it worth signing up for a class action lawsuit?
Pros of Joining a Class Action Lawsuit
Reduced Legal Costs: You don't have to worry about paying out of pocket for qualified legal representation, no matter how complicated your case is. Most attorneys work on a contingency fee basis, which means they only get paid if the class action succeeds.
What are the pros and cons of having class action suits?
- Reduce Employer Retaliation. ...
- Minimize Illegal Employment Practices. ...
- Lower Litigation Costs. ...
- Improved Judicial Efficiency. ...
- Opportunity to Gain Relief for Small Claims. ...
- Less Control Over Lawsuit. ...
- Limited Compensation. ...
- Takes Longer to Settle.
How long does a class action lawsuit take?
Some class action lawsuits can take as little as a few months and as long as several years. These kinds of cases can typically take around two or three years to be resolved, while others can take even longer. When court rulings are appealed, the process gets further prolonged.
Is it bad to join a class action lawsuit?
Joining a class action lawsuit can be a powerful way to seek justice, but there are some risks of joining class action lawsuit , such as potential legal uncertainties, reduced personal control over the lawsuit, the possibility of lower individual compensation, and a lengthy and time-consuming legal process.
How much do lawyers take in a class action lawsuit?
The courts often determine how much lawyers will get in fees from a successful class action lawsuit. This figure is usually around 25% to 35% of the total settlement amount awarded to the class of plaintiffs. However, the fees can be higher if the case is unusually complex.
Do you have to pay if you lose a class action lawsuit?
What Happens if You Lose a Class Action Lawsuit? If you are part of an unsuccessful class action lawsuit, you won't have to pay any lawyer's fees. However, it's likely that you won't be able to join any other legal efforts involving the same issue that the class action lawsuit was concerning.
What happens if I do nothing in a class action lawsuit?
You usually have the right to “opt out” of class actions or proposed settlements in California. The opt-out procedure will be explained in the legal notice sent by the court. By opting out, you retain the right to file an individual lawsuit. If you do nothing, you will be bound by any settlement or verdict.
Who benefits from a class action lawsuit?
Class action lawsuits provide harmed people with many benefits, such as allowing large groups of similarly affected people to come together and file a lawsuit against the same company. This provides strength in numbers for all of the people harmed, typically by large corporations, or businesses that have a vast reach.
What is the alternative to a class action lawsuit?
In a mass arbitration suit, each claim must be filed against or on behalf of the same party or related parties, and the representation for those parties must hail from the same law firm or law firms acting in coordination. In recent years, mass arbitration has emerged as a popular alternative to class action lawsuits.
How much money do people usually get in a class action lawsuit?
There is no average class-action settlement per person. Every person suffers damage differently. What may be significant to you may be insignificant to another. And vice versa.
How do I add myself to a class action lawsuit?
When you find out about a class action lawsuit for which you're qualified, simply follow the directions on the notice. Typically, you will either contact the Class Counsel or the Settlement Administrator in order to join a class action lawsuit.