Class Actions
Class action lawsuits are often the only recourse available to consumers victimized by corporate wrongdoing. Consumer class actions encompass a broad range of disputes that seek monetary or injunctive relief for the misconduct of such entities as banks and other financial institutions, insurance companies, automobile dealerships, manufacturers, health care providers, and telecommunications services. These businesses routinely adopt policies, enter into standard form contracts or otherwise engage in uniform transactions which affect a large group of consumers in the same or similar ways. The uniformity of the defendant's treatment to its customers gives rise to common issues among them. These common features often render a class action the most efficient means to resolve a dispute.
Additionally, most situations where such uniform corporate behavior results in harm to a large number of consumers do not justify individual litigation. Given the unfortunate realities of the costs of litigation, consumers will not be motivated to pursue individual cases unless a minimum of several thousand dollars is at issue.
Our attorneys have represented thousands of consumers and taxpayers in class actions against banks, corporations, insurance companies and governmental entities. Types of cases we have handled include:
- Prosecution of class actions against major North Carolina hospitals for overcharging uninsured patients;
- Class actions for credit card holders and consumers against banks and other lenders for unlawful and deceptive practices;
- Shareholder and derivative actions to recover investment losses;
- Representation of class claimants against manufacturers for property damages caused by defective products;
- Class actions against national production builders for construction defects.
Gary Jackson was recently involved in two significant North Carolina class actions: Pitts v. American Security Insurance Co., 356 N.C. 292, 569 S.E.2d 647 (2002), and Lienhart v. Dryvit Systems, Inc., 255 F.3d 138 (4 th Cir. 2001).
While class actions are not well-suited for all controversies, in many circumstances they can be an indispensable tool in protecting consumers and discouraging corporate misconduct. A class action usually demands a commitment of vast financial and other resources. Before pursuing a case as a class action, our firm carefully analyzes the suitability and advantages of this approach. If you believe your situation may satisfy the requirements for a class action, we would be pleased to explore this option with you.