What is a class action lawsuit?
Q: What is a class action lawsuit?
A: A class action, class suit, or representative action is a type of lawsuit where one of the parties is a group of people who are represented collectively by one member of that group.
Q: Where did the class action originate?
A: The class action originated in the United States and is still mainly a U.S. phenomenon. However, several European countries with civil law have made changes to allow consumer organizations to bring claims on behalf of consumers. In 1991 China passed the "Civil Procedure Law" that allows class actions and in Brazil they have been used against environmental damage, product defects and false advertising to name a few.
Q: What was the predecessor of the class action?
A: The predecessor of the class action was called a "group litigation". They were used in England from the 13th century and involved groups of people suing or being sued in court as it was easier to handle than numbers of individual cases due to slow and difficult travelling at that time.
Q: When did individual lawsuits become more common?
A: By the 18th century individual lawsuits became more common than group cases as judges travelled round circuits visiting towns only once or twice a year.
Q: How are damages awarded for Brazilian class actions?
A: Unlike US awards for damages, Brazilian judges award much smaller amounts for damages when it comes to Brazilian class actions suits.
Q: Are there any other countries besides China and Brazil which use this type of lawsuit?
A: Yes, several European countries with civil law have made changes to allow consumer organizations to bring claims on behalf of consumers using this type of lawsuit.
