Generally speaking, when someone else files a class action, and you are similarly situated (that is, you have the same type of claim), you will automatically become part of the class unless you “opt out” of the case. You may have received notices like this from time to time, asking if you would like to opt out of a class action. If you elect to opt out, you will not be part of the class, and you would be able to file your claim by yourself. A knowledgeable consumer protection attorney can advise you on the manner in which the case will proceed.
If Someone Else Files a Class Action, am I Automatically Included?
About the Author: Jonathan Michaels
Jonathan Michaels has litigated some of the most important cases in the automotive industry. He is responsible for filing Ponce v. General Motors – a national class action case against GM for the concealment of a deadly defect in its vehicles for 13 years; and Spitzer Motor City v. U.S. – where he represented terminated Chrysler dealers against the U.S. for the “taking” of their franchises in 2009, a violation of the 5th Amendment. He has also litigated cases against nearly every major auto manufacturer, including GM, Audi, Maserati, Mitsubishi, Kia, Nissan, Honda, AM General, Isuzu, Toyota, Hyundai, Harley-Davidson, Ford, Chrysler, Tesla, Volvo, Volkswagen, Aston Martin, Land Rover, Mercedes and Porsche.