Is this a new development??

Discussion in 'Law and Justice System' started by KarlMarx, May 28, 2006.

  1. KarlMarx
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    KarlMarx Senior Member

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    I received a notice of a class action lawsuit against Microsoft a few weeks ago. It read that, if I may be entitled to damages, blah, blah, blah and that I should fill out the forms and return them....

    I tossed them out....

    I was at my parents today, they had a notice of a class action lawsuit against... a brokerage investment firm, just call the toll free number and blah blah blah...

    I told them to toss it....

    Is this a new twist? Are lawyers turning to telemarketing tactics and mass mailings to turn a buck?

    Abbey Normal? Avatar? Any ideas?

    What does the ABA have to say about this?
     
  2. Annie
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    Annie Diamond Member

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    Do you have a link? I moved this to legal, was there a reason you wanted this in education?
     
  3. KarlMarx
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    KarlMarx Senior Member

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    No, I don't have a link....

    It's something I've noticed, so I thought I'd ask other board members.

    P.S. Thanks for moving it, I meant to have it in legal... I must have fat fingered it....
     
  4. ScreamingEagle
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    ScreamingEagle Gold Member

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    Just new forms of drumming up business for the ambulance chasers. Ever read any of John Grisham's novels...such as The King of Torts? He delves into the subject in an entertaining way.

     
  5. jillian
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    jillian Princess Supporting Member

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    No. They're required to send notice to all potential members of the defined class. It is then up to the person notified to opt out or opt in depending on what the instructions are.

    By tossing the papers, Karl may have opted in ;)
     
  6. ScreamingEagle
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    ScreamingEagle Gold Member

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    Yes, "potential members" of a defined class. They first have to identify them, don't they?
     
  7. jillian
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    jillian Princess Supporting Member

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    Yes. But that's done in the Court papers which precede the ability of the attorneys to send notice. Lawyers aren't allowed to *solicit clients*, so first the Court has to grant the group *class status*.
     
  8. ScreamingEagle
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    ScreamingEagle Gold Member

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    So how do attorneys manage to get a group together to speak on their behalf in the first place? Getting that class action status is how attorneys make the big bucks. They may not directly "solicit" clients but there are certainly various methods employed to find clients in order to claim class status. The clients may not wind up with much $$ but the attorneys usually do. Class action lawsuits do not exactly have the best of reputations:
    http://www.instituteforlegalreform.com/issues/LeadingNewspapersAreSaying.pdf
     
  9. Abbey Normal
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    Abbey Normal Senior Member

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    Karl,
    I have received a few of these over the years. They're not new. So far, I have always opted out.
     
  10. jillian
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    jillian Princess Supporting Member

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    Attorneys don't get a group together. The attorney has a client with a particular problem. He/she brings an action in the name of that client and all others similarly situated. They define for the court what characteristics the group has and then ask that the group be certified as a "class". Once class status is granted, then they send out their notices.
     

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