Consumer class actions are cases against businesses that can be initiated by a one or more consumers seeking compensation for themselves and a larger group of people. Often, the damages to one individual consumer are small and it would not be worth hiring a lawyer to bring a lawsuit because the costs would outweigh the recovery. Class action is a tool that was created by the legislature to help level the playing field for consumers by allowing them to pool their damages into a single case that forces wrongdoers to be accountable to all consumers, not just the one individual consumer with the courage to stand up against powerful business with unlimited resources. Class actions can involve any subject matter.
At Eggnatz | Pascucci, we focus our class action practice on consumer harm from deceptive business practices, including false advertising on food and dietary supplements, data breaches, illegal and unwanted texts and calls, and other violations of consumer protection laws. Reaching out to an experienced consumer class action lawyer will allow you to navigate the complex legal process for class actions.
Why Choose a Davie Consumer Class Action Attorney from Eggnatz | Pascucci for Your Case?
Choosing our firm gives you the advantage of having a law firm with extensive experience representing consumers against large corporations in courts around the country. We have successfully litigated class actions against some of the largest corporations in the country. If you feel that a product is mislabeled or that a business has engaged in unfair or deceptive business practices, then our class action team is here to help. If you feel harassed by telemarketers, our Florida Telephone Consumer Protection Act (TCPA) lawyers can help you file a lawsuit against them and get the calls to stop. If you suffered an injury because of a faulty product, our Davie defective product attorneys will guide you through the legal proceedings and use our tools and resources to help you right the wrong. With our team of Davie consumer class action lawyers from Eggnatz and Pascucci, you can trust that we will fight for the best possible outcome for you and other affected consumers.
What is a Davie Consumer Class Action Lawsuit?
A consumer class action is a case filed by one or more individuals on behalf of a larger group with a common cause of action against a common defendant. The elements of a class action lawsuit are as follows:
(1) Numerosity. The members of the class are so numerous that separate joinder of each member is impracticable,
(2) Commonality. The claim or defense of the representative party raises questions of law or fact common to the questions of law or fact raised by the claim or defense of each member of the class,
(3) Typicality. The claim or defense of the representative party is typical of the claim or defense of each member of the class, and
(4) Adequacy of Representation. The representative party can fairly and adequately protect and represent the interests of each member of the class.
Companies will spend thousands of dollars to try and prevent a consumer from establishing the elements of class action, but our Davie consumer class action attorneys have the experience and resources necessary to obtain the evidence that is needed to prove a case. We will work hard to show the court that your case is the type of case that the legislature sought to protect by creating the class action mechanism.
Florida Consumer Class Actions in Davie
Consumer class actions require knowledge of several areas of law, including not only Florida law, but also federal law, and the law of other states. Below are some examples of the types of cases that can be pursued as class action.
- Florida Deceptive and Unfair Trade and Practices Act (FDUTPA). The FDUTPA is Florida’s primary consumer protection law, protecting consumers from unfair or deceptive trade practices. It allows consumers to seek damages and other relief from law violations (Section 501.201). Examples of FDUTPA violations include false advertising, bait-and-switch, pyramid schemes, misrepresentations, undisclosed charges, and other deceptive or unfair conduct.
- Florida Telephone Solicitation Act (mini-TCPA) and the federal Telephone Consumer Protection Act (TCPA). The federal Telephone Consumer Protection Act was implemented in 1991 through federal statutes found at 47 U.S.C. § 227. The goal of the TCPA is to protect consumers from unwanted phone calls, faxes, and text messages. In 2021, Florida implemented its own version of the TCPA that in some situations, provides broader protections than the federal TCPA. Under both statutes, the consumer is entitled to damages and statutory penalties resulting from these unwanted calls, faxes, and text messages. These make great class action cases because the harm is typically the same for all people who receive unwanted calls, faxes, or texts. There are typically thousands of people who receive the same, uniform unwanted call, fax, or text so proving the Class Action elements is much easier than situations where everyone receives a different type of harm.
- Florida Product Liability Law. Section 768.81 (1) (d) of the Florida statutes defines a production liability action as a civil action (lawsuit) based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by a product’s manufacture, design, or formulation. In this action, it is alleged that injuries received by a claimant in an accident were greater than those the claimant would have received but for a defective product. Essentially, we are seeking to prove that a product’s design or manufacture was inherently dangerous which has caused or will cause serious injuries to consumers. In addition to compensation for harms and losses, a product liability class action lawsuit seeks to prevent future harm by instituting a recall or having a court require a defendant to make changes to prevent future harm.
- Florida Consumer Collection Practices Act. Under Section 559.55 of the Florida statutes and 15 USC 1601, debt collectors are prohibited from conducting unfair, deceptive, and abusive practices in collecting consumer debt. Abusive practices may include harassment, threats, and false representations. In case of a violation of the law, consumers may seek damages and other related remedies.
The Eggnatz | Pascucci Davie consumer class action lawyers understand how these laws relate to your case and will pursue every avenue for legal compensation.
Our Davie Consumer Class Action Lawyers Are Available to Help
Filing a consumer class action lawsuit is an arduous task. Since numerous plaintiffs are involved, preparing the appropriate pleadings can be burdensome and complicated.
To help you in case preparation, negotiation, and representation in court, it is advisable to hire an experienced lawyer. Our dedicated legal team at Eggnatz | Pascucci will assist you in all stages of consumer class action lawsuits. We’ll advocate for your rights at all phases and work hard to get your deserved compensation. Contact us now for a free, no-cost consultation. Call us at (954) 889-3359 or text us at (954) 289-6961.