How to Start a Class Action Lawsuit: Step by Step Guide

Quick Answer: You start a class action by finding an attorney who handles class actions, not by filing paperwork yourself. You describe what the company did, the lawyer investigates, and if the claim is strong the lawyer files a complaint naming you as the representative plaintiff. A judge then decides whether the case can proceed on behalf of the whole group. It generally costs you nothing up front.

Key Takeaways

You usually cannot start a class action on your own, because courts generally do not let a person without a lawyer represent a whole class
Class action lawyers typically work on contingency, so fees come out of a settlement or award, not your pocket, and the court must approve them
You need a harm that many other people share, caused by the same company in the same way
There is no set minimum number of people, but the group must be too large for everyone to join one case
Check your contract for an arbitration clause or class action waiver before you begin
Act quickly, because deadlines called statutes of limitations apply

How Do You Start a Class Action Lawsuit?

Quick Answer: Gather your evidence, confirm that others were harmed the same way, then speak with one or more class action attorneys. If they take the case, they file the complaint and you act as the named plaintiff.

Identify the problem. Write down what the company did, when, and how it affected you. Common examples are hidden fees, misleading labels, privacy violations and data breaches.
Keep your evidence. Save receipts, emails, screenshots, account statements, product packaging and the terms you agreed to.
Check whether others were affected. Search the company name plus “class action” and look at our lawsuit guides and open settlements. If a case already exists, you may not need to start one. See how to join a class action lawsuit.
Check your contract. Many terms of service require individual arbitration and ban class actions. Your lawyer will review this.
Contact a class action attorney. Most offer free consultations. Ask about their experience with similar cases and how they are paid.
The lawyer investigates and files. The attorney decides whether the claim is strong, then files a complaint in state or federal court naming you as the representative plaintiff.
The court decides whether to certify the class. Only after the judge approves does the case proceed on behalf of the whole group.

Can You File a Class Action Lawsuit Yourself?

Quick Answer: Not realistically. Courts generally do not allow someone who is not a lawyer to represent other people in a lawsuit. Class actions are complex, so you will almost always need an attorney. If your own loss is small, small claims court may be an option for your individual case.

A class action asks a court to decide the rights of many absent people, which is why the person leading it must be able to protect their interests. Federal Rule 23 requires that the representative parties “will fairly and adequately protect the interests of the class,” and that includes being represented by qualified counsel. If you only want to recover your own money, consider small claims court or a company complaint.

What Do You Need for a Class Action to Be Certified?

Quick Answer: Under federal Rule 23(a), the class must be so numerous that joining everyone is impracticable, share common legal or factual questions, have claims typical of the representatives, and be represented by people who will fairly protect the class.

Those four requirements are numerosity, commonality, typicality and adequacy. For most consumer cases seeking money, Rule 23(b)(3) also requires that common questions predominate over individual ones and that a class action is superior to other ways of resolving the dispute. State courts have their own rules, many modeled on the federal one. You can read the text of Federal Rule of Civil Procedure 23 yourself.

How Many People Do You Need to Start a Class Action?

Quick Answer: The rule sets no minimum number. Courts look at whether joining everyone in one case is impracticable. A group of roughly 40 or more is often considered enough, while very small groups face closer scrutiny.

You do not need a group of people lined up before you start. Your lawyer files on behalf of everyone in a defined class, and the other members are identified later. For the full explanation, see how many people are needed for a class action lawsuit.

How Much Does It Cost to Start a Class Action?

Quick Answer: Usually nothing up front. Class action lawyers typically take the case on contingency and are paid from a settlement or judgment, in an amount a judge must approve. If the case loses, you generally do not owe the lawyer’s fees, but read the agreement for costs.

Court approved attorney fees often come out of the settlement fund. In the settlements we cover, class counsel commonly asks for up to about one third of the fund plus costs, and named plaintiffs may receive a court approved service award for their time, such as $5,000 in several recent cases. These figures vary, so ask your lawyer to explain the fee terms in writing.

What Does the Lead Plaintiff Have to Do?

Quick Answer: You provide documents, answer questions, may be deposed and must stay involved. Cases often take years, and your personal details can become part of the public court record.

Being a named plaintiff is a real commitment. You must be willing to share information about your own purchases or experience and be available to your lawyers. In return, you may receive a service award if the court approves one.

How Long Does a Class Action Take?

Quick Answer: Often two to five years from filing to a final settlement, with payment coming months after the court gives final approval. There is no fixed timeline.

For example, in the Bigelow tea case we cover, the lawsuit dates to 2020 and the settlement hearing is set for May 2027. See our Bigelow tea settlement guide, and read how class action settlements work.

Can a Minor Be Part of a Class Action?

Quick Answer: Yes. Minors can be class members, and a minor can be a named plaintiff, but only through a parent or guardian who acts on their behalf.

Many settlements cover children, for example cases about children’s privacy. A parent or guardian files the claim for a minor. See our Netflix kids privacy lawsuit guide for an example.

Common Questions About Starting a Class Action

How do I start a class action lawsuit against a company?

Document what happened, check for existing cases, review your contract for an arbitration clause, then consult a class action attorney who can file the complaint.

How do I find a class action lawyer?

Ask your state bar for referrals, look for firms that handle similar cases, and read the “attorneys” section of the settlements you find. Be careful with lead generation forms, which may share your details.

Is there a deadline to start a class action?

Yes. Statutes of limitations set time limits, and they vary by claim and state. Speak with a lawyer promptly.

What if my contract says I cannot join a class action?

Many terms require arbitration and ban class actions. Some of those clauses are enforceable and some are not. An attorney can review yours.

Can I start a class action over a small amount of money?

Yes. That is exactly what class actions are for. Many cases are about a few dollars per person that add up across thousands of customers.

Do I get paid more for starting the lawsuit?

Possibly. A court may approve a service award for the named plaintiff, but it is not guaranteed.

Summary

To start a class action, collect evidence, confirm others were harmed the same way and talk to a class action attorney who will file for you. Before you do, check whether a case already exists, because joining is usually automatic. See our guide to what a class action lawsuit is and open class action settlements.

Disclaimer: This article is general information, not legal advice. Class action rules differ by court and state. Consult a qualified attorney about your situation.