Jeff Kaliel is a Washington, D.C.-based attorney and Iraq War veteran who has practiced as a partner with Kaliel PLLC since 2017, focusing on class action litigation in the consumer financial services sector. A graduate of Yale Law School, he was recognized as a Washington, D.C. Rising Star by Super Lawyers in 2015 and has helped class members recover hundreds of millions of dollars through settlements. His notable cases include Farrell v. Bank of America, which resulted in a $66 million settlement over disputed overdraft fee practices, along with matters involving Capital One, Bank of Oklahoma, and Best Buy. Mr. Kaliel has served as lead class counsel in numerous nationwide and state-specific class actions, litigating contested certification motions and working with damages experts. His extensive experience representing plaintiffs provides useful context for understanding who is eligible to join a class action lawsuit.
A class action is a lawsuit brought by one person or a small group of named plaintiffs on behalf of a larger group whose claims arise from similar alleged conduct. The defendant may be a company, organization, or individual, and the proposed class generally consists of people whose legal rights or injuries are sufficiently similar to be addressed collectively.
Class actions can involve claims arising from defective products, consumer fraud, securities misconduct, and other conduct affecting many people in similar ways. When numerous people have sufficiently similar claims, resolving them collectively may be more practical and efficient than pursuing large numbers of separate lawsuits.
A potential named plaintiff will usually bring the matter to an attorney, who evaluates whether a class action is appropriate before filing. If a case is filed, the complaint sets out the allegations and describes the proposed class the plaintiffs seek to represent.
A proposed definition might, for example, identify people who purchased a particular product within a specified location and time period.
Filing a complaint does not automatically make a case a class action. The court must first decide whether the proposed class satisfies the applicable certification requirements. After that, its definition determines who qualifies as a class member.
Depending on the case, that definition may include criteria involving the type of harm, the product or transaction involved, location, dates, or other circumstances. A person must fall within the certified class definition to be covered by the case.
In most class actions, people who fall within the applicable class definition do not need to sign up when the lawsuit is filed. Most are opt-out cases, meaning eligible class members are included unless they take the required steps to exclude themselves.
The named plaintiff or plaintiffs take a much more active role in the litigation and represent the interests of the class. Ordinary class members generally do not need to participate in court proceedings or settlement negotiations while the case moves forward, although they should pay attention to notices and deadlines that may affect their rights.
Class members may receive formal notice at different stages of a case. Notice can be sent after certification and may be sent again if the lawsuit is resolved through a settlement or judgment.
It explains how the case affects class members’ rights and may provide deadlines for opting out or taking steps to seek compensation. The notice details the facts of the suit, the people eligible to claim portions of the settlement, and instructions on how they can claim a share of the settlement.
The plaintiff’s attorneys will send the notice by mail, email, or by publication in the media.
A class notice explains the allegations, who is covered, how the case may affect class members’ legal rights, and any steps or deadlines that apply. Depending on the stage of the case, it may also explain how to claim settlement benefits.
Notices may be delivered by mail or email, while publication can be used when eligible members cannot be contacted directly.
If a case settles, eligible class members may need to submit a claim form by the stated deadline to receive compensation. The form may be filed online or by mail. Some settlements require supporting documentation such as proof of purchase, while others allow claims without additional proof.
The notice and settlement website should state the applicable requirements. Class members should also read the settlement terms carefully because accepting them will generally affect their ability to bring a separate lawsuit over the same claims.
Notably, while most class actions are “opt-out” cases, some are “opt-in” cases. These require class members to affirm participation in the lawsuit once they receive the class action notice.
About Jeff Kaliel
Jeff Kaliel is a Washington, D.C. attorney and partner at Kaliel PLLC, where he has practiced class action litigation since 2017. A Yale Law School graduate and Iraq War veteran, he was named a Washington, D.C. Rising Star by Super Lawyers in 2015. He has served as lead class counsel in numerous class action lawsuits against financial institutions, including a $66 million settlement with Bank of America over overdraft fee practices.
