- What is a Class Action?
- What types of class actions may be filed?
- Can I be bound by a settlement or judgment of a class action?
- How do I join a class action?
- If I have a claim, should I file my own lawsuit?
- Who pays the lawyers in a class action lawsuit?
- What are the signs of an unfair settlement or improper representation?
- What happens now that we have filed a complaint?
- Am I part of this lawsuit?
- Do I have to do anything right now?
- How can I find out more?
- Can RegisterFly retaliate against me for contacting you or helping with the case?
- Can my contract be terminated for providing you information or talking to you?
- Will RegisterFly find out I have asked you questions or attended meetings with you?
- How long will the case take?
- Have there been other lawsuits against RegisterFly or ICANN?
- What are registrants, registrars, and registries?
1. What is a Class Action?
A class action is a suit brought by individuals on behalf of a large group of people with the same basic claims.
A class action is a lawsuit where one or more persons are named plaintiffs in a complaint, but the lawsuit is litigated for not only the named plaintiffs, but the entire class of individuals who have similar claims against the defendants. The named plaintiffs are called "class representatives" and their claims must arise from facts or law common to the class members.
Although this case has not yet been certified as a class action, the motion for class certification has been filed and the case is very typical of cases that are certified. Class Certification will be considered by the Judge after all parties are before the court and have had an opportunity to file answers and responses to the Motion for Class Certification. If the lawsuit goes forward as class actions, class members' rights will be protected by the lawsuit unless a member of the class specifically asks to be excluded.
In federal court, where this lawsuit is filed, the procedures for certifying a class and the requisite elements for certification are governed by Rule 23 of the Federal Rules of Civil Procedure.
For general information about federal courts and how they are structured, you can visit the Courts web site at www.uscourts.gov/UFC99.pdf. Another website with useful information on the federal court system and its procedures is the Federal Judiciary Homepage at www.uscourts.gov.
Other Links of Interest:
www.thecre.com/fedlaw/legal89.htm
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Most class actions are filed for compensatory (money) damages. Occasionally, class actions are filed to seek a declaratory judgment. Additionally, many class actions seek injunctive relief. For example, a class action may be filed to request the court order the authorities to discontinue an unconstitutional practice, or as in this case, order ICANN to enforce its policies to protect the public and the integrity of the Internet.
For millions of consumers, participating in a class action is an almost effortless process. Class members are seldom required to do much more than submit a proof of claim and wait for their share of the recovery. The primary disadvantage of a class action, is that despite the large settlements common to class action lawsuits, the settlement must be distributed to a large class of plaintiffs. As a result, individual recoveries are usually quite small. You may have the ability to Opt-Out and maintain your own suit if you have damages which are substantially different from the rest of the class.
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Yes. If the constitutional and procedural protections required for fairness are met in the lawsuit, all absent class members are bound to the judgment or settlement of the case. However, if the action is primarily for monetary damages, absent class members are entitled to notice and an opportunity to "opt-out" (exclude themselves) from the lawsuit. If one opts-out of the class action, they are not bound by any judgment or settlement of the class action. In the event a class action is for declaratory or injunctive relief, notice is not necessary to bind absent class members and the court may not allow your to opt-out.
Generally, before a Court certifies a class action, it must conclude that there are too many class members for them all to be named as parties in the lawsuit. Technically, class members do not "join" the lawsuit, but decide to participate by not "opting-out." Ordinarily, notice issued to class members tells each member of the class if they need to take any action to participate.
If a class member decides they want to participate in the suit as a named party, they may hire their own lawyer and seek to participate in the lawsuit. However, they may be obligated to pay for their own attorney.
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