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ARTICLE · 07 FEBRUARY 2024

Is There A Class In Your Class Action?

Class action lawsuits are increasingly focused on issues of alleged misrepresentation based on consumer perception and understanding of myriad consumer products and services.

United StatesLitigation, Mediation & Arbitration

What human factors can reveal about consumer decision-making and purchase behavior in class action certifications

Class action lawsuits are increasingly focused on issues of alleged misrepresentation based on consumer perception and understanding of myriad consumer products and services. Given the potential size of class actions, the consequences can scale quickly for product manufacturers facing reputational and monetary damages.

With so much at stake, the certification phase of a class action lawsuit — when the court determines whether the group allegedly affected is a class in the eyes of the law — has become increasingly important. Without certification, a lawsuit can be dismissed without moving on to the next phase: examining the merits of the claims.

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