Filing a claim

How to join a class action lawsuit

You usually cannot sign up for a class action: if you fit the class, you are already in. Here is what to do when a case is open, pending, or not yet filed.

By the Best Class Actions research deskUpdated 6 min readChecked against court records
Overhead view of a kitchen table with a paper check envelope

In most cases you do not need to join a class action lawsuit, because anyone who fits the class definition is automatically a member unless they opt out. What you actually do depends on the stage: if a settlement is open, file a claim on the official settlement website before the deadline; if a lawsuit is pending, keep your records and watch for notice; and if you were physically injured, you usually need to file your own case with a lawyer.

Here is how to tell which situation you are in and what to do in each one.

Key takeaways.

  • There is no sign-up sheet for most class actions. If you fit the class definition, you are included automatically unless you opt out.
  • To get money, you must file a claim form on the official settlement website or by mail before the claim deadline.
  • If a lawsuit is filed but not settled, the main things to do are keep your evidence and watch for a notice.
  • Injury cases over drugs, devices, and chemicals are usually mass torts, which require you to file your own claim with a lawyer.
  • No legitimate class action charges you a fee to join or to file a claim.

Why you usually cannot sign up for a class action

A class action is defined by who fits the description, not by who signs up. When a judge certifies a class or approves a settlement, the order spells out the class: for example, everyone in the United States who bought a certain product during a certain class period. Everyone who meets that description is a class member.

That is by design. Federal Rule of Civil Procedure 23(c)(2)(B) requires the court to direct to class members the best notice that is practicable, including individual notice to all members who can be identified through reasonable effort. The system is built to find you, not the other way around. If you do nothing, you remain in the class and are bound by the result.

So when people search for how to join a class action, what they almost always need is one of three things: how to file a settlement claim, how to make sure they are counted in a pending case, or how to get their own case started. The sections below cover each.

If a settlement is open: file a claim

This is the only way to get paid in most settlements. Being a class member is not enough. In the Apple Siri privacy settlement, the official website stated that submitting a valid claim form was "the only way to get a payment." The same is true of most consumer settlements.

  1. Find the official website. It is named in the settlement notice and run by the court-appointed administrator. Our open settlements list links to each one.
  2. Check the class definition and deadline. The notice lists who qualifies, the class period, and the claim deadline.
  3. Use your notice codes if you have them. Many notices include a claim ID and PIN, but you can often still file without one.
  4. Submit the form. Answer truthfully. Most forms are signed under penalty of perjury.

Our step-by-step guide on how to file a class action settlement claim walks through the form itself. Filing a claim keeps you in the class, so you give up the right to sue separately over the same claims.

If a lawsuit is filed but not settled

Before a settlement or certification, you are what lawyers call a putative class member: someone who would be in the class if the court certifies it. You do not need to register. What helps you later is evidence that you fit the class:

  • Receipts, order confirmations, or card statements showing the purchase
  • Account statements showing the fee or charge at issue
  • The breach notification letter or email you received
  • Screenshots or call logs of unwanted calls and texts
  • The product itself, if it is defective, and its packaging

You can also contact the law firm listed on the complaint. Firms often keep lists of affected people and may ask some of them to share information. Contacting a firm does not make you a named plaintiff, and it is not required to receive a payment later.

One timing point matters. Under American Pipe & Construction Co. v. Utah (1974), filing a class action suspends the statute of limitations for all asserted class members. That protection has limits, so if you are thinking about your own lawsuit, talk to a lawyer rather than waiting for the class case to end.

If no lawsuit exists yet

Every class action starts with someone who contacted a lawyer. If a company harmed you and many others in the same way, and no case has been filed, a lawyer may want to hear from you. If the facts are strong, you might be asked to serve as the lead plaintiff or class representative.

That role carries real duties. Rule 23(a)(4) requires that class representatives fairly and adequately protect the interests of the whole class. Representatives typically answer written questions, provide documents, may sit for a deposition, and must put the class's interests ahead of their own. Courts often approve a modest incentive award for that work when a case settles, but the court decides whether to award one and how much.

Our guide on how to start a class action lawsuit covers this route. Many potential claims also run into an arbitration clause in the company's terms of service, which can block a class case entirely.

If you were injured: mass torts work differently

Personal injury cases over medications, medical devices, and toxic exposures rarely proceed as class actions, because each person's injuries, medical history, and damages are different. Instead, each person files an individual lawsuit, and federal cases are often grouped for pretrial purposes in multidistrict litigation.

In a mass tort, nobody is included automatically. If you do not file your own claim before your state's deadline, you generally cannot recover anything, even if thousands of other people settle. Examples include the hair relaxer cancer litigation, the Ozempic lawsuits, and the Roundup cancer cases. See class action vs mass tort for how the two paths differ.

Which path fits your situation

Your situationWhat to doDeadline to watch
Settlement notice receivedFile a claim on the official siteClaim deadline in the notice
Lawsuit filed, no settlementKeep evidence, watch for noticeOpt-out date if a class is certified
No lawsuit yetTalk to a lawyerStatute of limitations
Physical injuryFile an individual claim with a lawyerStatute of limitations in your state
Want to sue on your ownOpt out of the classOpt-out deadline in the notice

If you are not sure which box you are in, or you think your losses are larger than a typical class payout, a free case review takes about two minutes and connects you with independent attorneys who handle these cases. You can also browse lawsuits attorneys are investigating now, including data breach and robocall cases.

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Common questions.

How do I join a class action lawsuit?

In most cases you do not need to join. If you fit the class definition you are included automatically, and to get paid you file a claim on the official settlement website before the deadline once a settlement is reached.

Is it too late to join a class action lawsuit?

If the claim deadline in a settlement has passed, you generally cannot get paid from that settlement. If the case has not settled yet, you are still a potential class member and should keep your records and watch for notice.

Does it cost money to join a class action lawsuit?

No. Class members do not pay upfront fees, and filing a settlement claim is free. Lawyers are paid from the settlement fund if the court approves their fee.

Can I join a class action lawsuit after it has been filed?

Yes, in the sense that membership is based on the class definition, not the filing date. If you fit the definition, you are included, and you can contact the law firm listed on the complaint if you have useful information.

Do I need a lawyer to join a class action?

No. Class counsel represents all class members. You may hire your own lawyer, but it is not required to file a claim. Injury cases are different and generally require your own lawyer.

How do I become the lead plaintiff in a class action?

You would contact a lawyer before or early in the case. The lawyer and court must find that your claims are typical of the class and that you can fairly represent everyone, which involves providing documents and possibly testimony.

Sources.

Statutes, court rules, appellate opinions, and bar publications we relied on. See our editorial standards.

  1. 1.Federal Rule of Civil Procedure 23 (Cornell LII)
  2. 2.American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) (Cornell LII)
  3. 3.Lopez Voice Assistant Settlement (official website)
  4. 4.FTC staff report: Consumers and Class Actions (September 2019)
  5. 5.FTC Refund Programs

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