Legal Question in Technology Law in California

Re: Joining a class action suit

Members of the potential class who wish to seek individualized relief can generally "opt out" of the class and bring their own lawsuit. The main advantage of opting out is that it enables you to seek more substantial relief than class members will get, but the main disadvantage is that it requires you to pay your own costs and attorney fees.

This would be a separate suit and not part of the class action, so you don't have to "join the suit" as your question phrases it. In fact, if you fit within the definition of the proposed class, you will automatically be part of the suit unless you take affirmative steps to opt out.

I should add that my analysis presumes that you are a member of the potential class. The notice of the action should contain a definition of the class and you need to determine whether, in fact, you fit within that definition.

There will be a deadline after which it will be too late to opt out, so you should start consulting with attorneys quickly in order to make sure you are informed about your options and ready to proceed before your time runs out.

Re: Joining a class action suit

A "class action" lawsuit presupposes a clearly-defined class of injured persons. Upon reading the definition of the (proposed) class in the lawsuit, you should be able to determine whether you are, or are not, a "member" of the class, i.e. whether you fit the definition of the persons who constitute the class on whose behalf the suit is brought.

If you ARE a member of the class and don't want to be, you must take timely steps to opt out.

If you AREN'T a member of the class, you probably cannot participate in the class-action lawsuit whether you want to or not.

I agree completely with the previous answer; this is just another way to say the same thing.