Class Action Cases We Handle
Custis Law, P.C. primarily represents plaintiffs in three types of class action lawsuits: (i) wage and hour class actions, (ii) consumer class actions, and (iii) unsolicited telemarketing and text message class actions.
Wage and Hour Class Actions
When an employer fails to pay you all the wages you earned, or fails to provide your required rest and meal breaks, your employer violates federal and California laws known as “wage and hour” laws. While some wage and hour, and unpaid overtime, violations will impact individual employees, an employer often violates the rights of all employees in a similar fashion. For example, if your employer hasn’t calculated your overtime pay correctly, it’s likely that the employer hasn’t calculated the overtime pay of all your co-workers correctly as well. If so, you may have grounds to pursue a class action claim against your employer on your behalf and on behalf of all the other employees. Some examples of common claims in wage and hour class action litigation include:
- Failure to pay overtime.
- Failure to provide employees with rest or meal breaks as required by California law.
- Misclassification of employees as exempt or as independent contractors.
- Paying less than California’s or Los Angeles’s minimum wage.
- Requiring employees to work off the clock without pay.
- Inaccurate wage statements.
To learn more about wage and hour violations in California, please review our Wage and Hour Violations page. If you suspect that your employer hasn’t paid you properly, contact us online or at (213) 863-4276 for a free, confidential consultation.
Consumer Class Actions
As a consumer, one of the most important protections you have available is protection against false and misleading advertising. You are entitled to make informed buying decisions, and this means that you are entitled to accurate information about the products and services you buy. Falsely representing the quality or capabilities of a product or service is a violation of California and federal law, and it is the basis for numerous class action lawsuits filed every year.
At Custis Law, P.C., we represent plaintiffs in consumer class action lawsuits involving a broad range of unfair, deceptive and fraudulent conduct such as:
- False claims about organic and all-natural food products, and other food labeling violations.
- Failures to disclose costs and fees associated with a service or product.
- Unsubstantiated product performance claims.
- Data security breaches.
- Other false marketing representations about products and services.
Unsolicited Telemarketing and Text Class Actions
Under the federal Telephone Consumer Protection Act (TCPA), companies are restricted from using automated dialing systems and engaging in various other telemarketing practices involving phone calls and texts. You may have grounds to initiate a class action lawsuit under the TCPA if:
- You received business-related texts on your cell phone without consenting to receive such text.
- You received “robocalls” on your cell phone without consenting to receive such calls. (A robocall is typically made using software that automatically dials phone numbers. Signs that you have received a “robocall” include artificial or prerecorded or artificial voices, long periods of silence before an actual person comes on the line, and calls that result in hang-ups.)
- You received calls on your residential landline that used a prerecorded or artificial voice, without providing your written consent to receive such calls.
- You received telemarketing calls despite being enrolled in the national Do-Not-Call Registry and without consenting to receive such calls.
- You told a telemarketer or business to stop calling you but the person or company continued to call.
You may be able to obtain an award of damages ranging from $500 to $1,500 for each TCPA violation. If you suspect that you have received unsolicited calls or texts that violate the TCPA, contact us online or at (213) 863-4276 for a free, confidential consultation.
Basic Requirements to Obtain Class Action Certification
When pursuing a class action claim, a critical step in the process is known as “certification.” For a class action claim to move forward, the plaintiffs, represented by the “lead plaintiff” (who is represented by counsel), must prove that their case meets the requirements for certification by the court. Once a class is certified, the chances of settlement increase significantly. On the other hand, if the court determines that certification is unwarranted, then, barring any potential grounds for appeal, the plaintiffs’ class case is likely over.
While the California and federal standards for class certification are not identical, in general terms, the basic requirements for obtaining class certification are similar at the state and federal levels. These requirements include:
There must be enough class members that the pursuit of multiple individual lawsuits would be impracticable. As a general rule, courts usually find that this element is satisfied when there are at least 25 to 30 class members.
This element requires that there are questions of law or fact common to all of the class members.
This element requires that the class representative’s claims are typical of the claims of the other members of the class.
This element requires that the class representative and the class attorneys will be able to fairly and adequately represent the interests of the broader class.
If you think this all sounds complex, you are right. Class action certification is a unique and complicated aspect of civil litigation practice, and determining whether a class is likely to be certified requires a comprehensive understanding of the legal and factual issues involved. At Custis Law, P.C., we have the experience required to evaluate the viability of class action claims, and we can help you make an informed decision about the best way to assert your legal rights.
Get Started with a No-Cost and Risk-Free Consultation
To find out if you are eligible to initiate a class action lawsuit in California, please call the class action attorneys at Custis Law, P.C. at (213) 863-4276 or request your free initial consultation online. If we are not available immediately, a Los Angeles employment lawyer will contact you within 24 hours.