4 ms·
At this point are class action suits even a reasonable way to penalize companies? Companies pay some small amount relative to profit so they can’t be sued by an
by hardwaresofton 4y ago
At this point are class action suits even a reasonable way to penalize companies? Companies pay some small amount relative to profit so they can’t be sued by anyone in the class action again.
It’s would be way more effective to sue them individually as costs are not the same for the customer versus the company legal protection. Once a single case is won it’s a rinse and repeat, no? Then lawyers could take the job pro bono knowing it will likely pay out (and what arguments to use).
- gruez 4y ago>Companies pay some small amount relative to profit so they can’t be sued by anyone in the class action again. That's not the case. If you think that you can get a better settlement perusing the case individually, you can opt out of the class action lawsuit.
- hardwaresofton 4y agoSorry what's not the case? I made two assertions in the quoted bit: - "small amount relative to profit" - "can't be sued by anyone in the class action" Most class action lawsuits levy penalties that are mostly inconsequential to companies in the long run -- in fact they just become part of the cost of doing business, and the market has realized this. There's never any danger, just a short term hit to already massive revenues, if that. Class action lawsuits are opt in, so if you've opted in and go through with it, you can't sue the company separately right? If you opt-out (after opting in) or refuse to opt-in in the first place, then you're right where you started... Being aggrieved in some way and looking for compensation. My point was that if you're looking for actual penalization of companies, class action lawsuits are basically fake justice that lawyers and businesses profit massively from. Remember when companies started removing forced arbitration because too many people started arbitrating and costs went through the roof? That's what I'm suggesting we do (it'd be great if there was a way to avoid overburden the public courts though).
- gruez 4y ago>My point was that if you're looking for actual penalization of companies, class action lawsuits are basically fake justice that lawyers and businesses profit massively from. Okay but what's the issue with this "fake justice" that you're describing? It seems pretty obvious that you take issue with class actions and are not simply describing how they work. If you don't think the settlement is fair, you're free to not participate in the class action and possibly seek your own justice through your own lawsuit. Otherwise you get the settlement which is better than the $0 you would have otherwise gotten without the class action. If you're the righteous type who knows you wouldn't sue but don't want them to get the satisfaction of settling you can opt out.