class action What is a class action in the USA? A class action is a collective claim in which the court awards permission to an individual or individuals to bring Class action lawsuit claims of others similarly situated (the class members) in a single case. Rule 23 of the Federal Rules of Civil Procedure prescribes the model for most class actions. Under Rule 23(a), one or more members of a class may sue or be sued as representative parties on behalf of all members if: the class is so numerous that joinder of all members is impracticable; there are questions of law or fact common to the class; the claims or defences of the representative parties are typical of the claims or defences of the class; and the representative parties will fairly and adequately protect the interests of the class. The claims of the class members must be so similar to those of the class representative that a trial of the representative’s claim can appropriately decide the outcome for all class members. A class action must define the class, the claims, the issues, and appoint class counsel (Rule 23(c))[1]. Class actions operate on an opt-out regime, whereby an action is pursued on behalf of a defined class of unnamed claimants, who are deemed included in the action and are bound by the outcome unless they “opt out”. There is clearly a presumption in the USA that everybody will enjoy litigation! Due to the “opt out” regime in the United States, there is less importance placed upon identifying each and every potential claimant prior to the filing of a class action as parties are included by default. Depending on the type of action and class, notice requirements fall in place following the certification of a class action including the giving of notice that the court will exclude from the class any member who requests exclusion and the binding effect of a class judgment on class members[2]. However, it may sometimes be difficult to identify the individual members of a class in order to personally notify them due to the sheer number of members.[center][/center]