Legal Question in Civil Litigation in California
PayPal Class Action Settlement: How Does It Influence....?
I just received notice that I have the option to opt in or opt out of a class action settlement against PayPal. The decision needs to be made within a month as the settlement is likely to be finalized near the first of September.
Before I decide what to do, I need to know how this decision effects any other litigation that I have planned here in the Midwest. The PayPal suit is taking place in California. Is there a limit to the number of lawsuits one can be a party to if suits are not related? I would hate to kill my chances of collecting damages on a seperate matter for a few bucks.
Second, the way I read the notice, the option to opt out of any potential settlement with PayPal exists allowing individual victims of PayPal to proceed with damage claims on their own. Does one have a better chance of collecting substantitive damages if they opt out of a class action suit and pursue the same thing on their own?
PayPal is paying something close to ten million dollars in damages if the settlement is approved. Over a third of that $3.3 million, is slated for the two attorneys representing the claimants. The rest is to be divided up among the as yet unknown number of claimants. Opt out or join the class, what consequences? Thnks
1 Answer from Attorneys
Re: PayPal Class Action Settlement: How Does It Influence....?
One cannot form an opinion unless it's known how many members of the class there are. Typically, a named plaintiff receives a lot more than the class members. But if you were to opt out of the class, you wouldn't receive anything, have to pay an attorney for your own lawsuit, and risk the possibility of loss. It depends how serious the issues are and how much you, individually, wish to risk.
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