4 ms·

Sort of off-topic, but can someone explain the theoretical basis behind class action lawsuits, as applied to this instance? The article says "The Netflix lawsu

by defen 15y ago

Sort of off-topic, but can someone explain the theoretical basis behind class action lawsuits, as applied to this instance? The article says "The Netflix lawsuit was filed on behalf of the 36 million Americans that are either deaf or hard of hearing." Is that just a turn of phrase, or can someone really file a lawsuit on your behalf without your consent? (I'm assuming they didn't contact all these people for permission ahead of time). Is there some central registry of which Americans are deaf/hard of hearing? Will they be paid out from the proceeds if NAD wins?

hugh3 15y ago
can someone really file a lawsuit on your behalf without your consent? Apparently so. Is there some central registry of which Americans are deaf/hard of hearing? I doubt it. Will they be paid out from the proceeds if NAD wins? If they win, then there'll be an ad in the paper (hopefully not on the radio) inviting anyone who is deaf to fill out a form in order to claim their share of the winnings (after a very substantial fee to the lawyers). It'll be a few dollars. Hardly anyone will bother to write in, and lawyers will collect the rest. Everybody wins! And by "everybody" I mean the lawyers.
anigbrowl 15y ago
You should probably start with the fairly comprehensive wikipedia article. The basic idea is that one or more plaintiffs go to court, showing both an injury (in the legal sense of being worse off through a tortfeasoer's action or inaction), and the existence of a large class of 'similarly situated' plaintiffs. The class of deaf people would easily fit that description - deafness is something that's easy to define and not very controversial. If the original plaintiff has standing, a trialable issue exists, and a class of similarly situated plaintiffs can be certified, then a jury trial takes place like it would for any other kind of tort case. If the defendant is found guilty, then economic and/or punitive damages are calculated, the defendant may agree to settle or appeal, and so on. If there is a settlement or award, then lawyers for the plaintiffs make reasonable efforts to contact the other similarly situated plaintiffs (by advertising in newspapers, magazines, or wherever else there's a good chance of reaching those people), who can either opt out of the settlement and preserve an individual right to sue, object to the terms, or do nothing and receive a coupon or some other benefit. Leftover monies that are unclaimed after distribution are usually donated to some charitable organization. Having a plan in place for the distribution and disposal of any settlement or award is one of the necessities for class certification. Obviously, I am giving you a ridiculously simplified summary here. Entire books can be written on this subject. Class actions can be frivolous or abusive in some cases, but in general they are a good thing because otherwise it would be uneconomical for individual plaintiffs to sue as the cost of going to court would exceed any award they could possibly win, and so tortfeasors would have no incentive to accomodate their requests or settle with them.
thecoffman 15y ago
I believe that at a minimum you must be given the opportunity to opt out. I've been a "member" of a class action suit on a couple of occasions. I only knew I was a member because mail showed up informing me that I was, and giving instructions on how to opt out. (which I did because I was entirely unaffected by the circumstances outlined in the suit)

by defen 15y ago

hugh3 15y ago

can someone really file a lawsuit on your behalf without your consent? Apparently so. Is there some central registry of which Americans are deaf/hard of hearing? I doubt it. Will they be paid out from the proceeds if NAD wins? If they win, then there'll be an ad in the paper (hopefully not on the radio) inviting anyone who is deaf to fill out a form in order to claim their share of the winnings (after a very substantial fee to the lawyers). It'll be a few dollars. Hardly anyone will bother to write in, and lawyers will collect the rest. Everybody wins! And by "everybody" I mean the lawyers.

anigbrowl 15y ago

You should probably start with the fairly comprehensive wikipedia article. The basic idea is that one or more plaintiffs go to court, showing both an injury (in the legal sense of being worse off through a tortfeasoer's action or inaction), and the existence of a large class of 'similarly situated' plaintiffs. The class of deaf people would easily fit that description - deafness is something that's easy to define and not very controversial. If the original plaintiff has standing, a trialable issue exists, and a class of similarly situated plaintiffs can be certified, then a jury trial takes place like it would for any other kind of tort case. If the defendant is found guilty, then economic and/or punitive damages are calculated, the defendant may agree to settle or appeal, and so on. If there is a settlement or award, then lawyers for the plaintiffs make reasonable efforts to contact the other similarly situated plaintiffs (by advertising in newspapers, magazines, or wherever else there's a good chance of reaching those people), who can either opt out of the settlement and preserve an individual right to sue, object to the terms, or do nothing and receive a coupon or some other benefit. Leftover monies that are unclaimed after distribution are usually donated to some charitable organization. Having a plan in place for the distribution and disposal of any settlement or award is one of the necessities for class certification. Obviously, I am giving you a ridiculously simplified summary here. Entire books can be written on this subject. Class actions can be frivolous or abusive in some cases, but in general they are a good thing because otherwise it would be uneconomical for individual plaintiffs to sue as the cost of going to court would exceed any award they could possibly win, and so tortfeasors would have no incentive to accomodate their requests or settle with them.

thecoffman 15y ago

I believe that at a minimum you must be given the opportunity to opt out. I've been a "member" of a class action suit on a couple of occasions. I only knew I was a member because mail showed up informing me that I was, and giving instructions on how to opt out. (which I did because I was entirely unaffected by the circumstances outlined in the suit)