The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Class Action and Its Effect on the Protection of Consumer Rights

Authors
Shahid Beheshti University
Abstract
 

Class action is a legal procedure of a considerable group of people to take joint actions against a single defendant. In this form of action, one or more people representing while also being a member of a class, take an action for themselves and on behalf of others, regarding a common claim among the members of the class. Although the members of the class have no active role in the jurisdiction, they are bound to its result. Nowadays, class action as a form of aggregating action enjoys a special status in the States legal system. Class action provides a group of people, who does not individually have an interest in following up their trivial claims, with the opportunity to entitle their rights. The efficiency of the judicial system will enhance through this form of taking actions and seems to be economic. The prerequisites of class action have been explained in details in rule 23 of the Federal Civil Procedure Law and Class Action Fairness Act 2005. Class actions are taken in the several fields such as Consumer Rights, Anti-trust, Employment Law, Civil Law, and Environmental law, to mention a few. 
 
Keywords

-Anderson, Brian, Trask, Andrew, (2010), The Class Action Playbook, Oxford University Press. -A. Solheim, Mark, Hornbrook, Sarah, (2013), Product Liability Class Action Lawsuit: A Primer & Recent Trends, Larson. King, LLP. -Beisner H. John, et al, (2005),Class Action “Cops”, Public Servant or Private Entrepreneurs?", Stanford Law Review ,Vol. 57. -Blank D. Joshua, A. Zacks, Eric, (2005), Dismissing the Class: A Practical Approach to the Class Action Ristriction on the Legal Services Corporation, Penn State Law Review, Vol. 110. -B. Marcin, Raymond,(1974), Searching for the Origin of Class Action, Catholic University Law Review, Vol. 23. -B. Rubenstein, William, (2005), Understanding the Class Action Fairness Act of 2005, UCLA Program on Class Action. -Bronsteen, John , Fiss, Owen, (2003), The Class Action Rule, Notre Dame Law Review, Vol. 78, No. 5. -B. Scheuerman, Sheila, (2006), The Consumer Fraud Class Action: Reining in Abuse by Requiring Plaintiffs to Allege Reliance as Essential Element, Harvard Journal, Vol 43. -Cooper Alexander, Janet, (2000), An Introduction to Class A ction Procedure in the United States, Presented Conference: Debate Over Group Litigation in Comparative Perspective, Geneva, Switzerland. -C. Hazard JR., Geoffrey, L. Gedid, John, Sowle, Stephen, (1998), An Historical Analysis of the Binding Effect of Class Suits, University of Penssylvania Law Reviw ,Vol. 146. -Driggers S. Martin, (1973-1974), Consumer Class Actions under Federal Rule 23: Consumer Protection Causes of Action available under Federal Statute, SOUTH CAROLINA Law Review, VOL .25. -F. Sherman, Edward, (2007), Consumer Class Actions: Decline and Fall?, ABA JOURNAL, Vol. 51.
-H. Miller, Chris, (2009), The Adaptive American Judiciary: From Classical Adjudication to Class Action Litigation, Albany Law Review, Vol. 72. -Lyn Basset, Debra, (2007), Constructing Class Action Reality, Brigham Young University Law Review. -Porrini, Donatella, (2007), Which Law & Economics Model? The Case of Class Action, Universita di Lecce - Facolta di Economia. -Silver, Charles, P. Miller, Geoffrey, (2010), The Quasi-Class Action Method of Managing Multi-District Litigations: Problems and a Proposal, Vanderbilt Law Review, Vol. 63. -Silver, Charles, (2000), Class Action- Representation Proceeding, in 5 Encyclopedia of Law & Economics, Boudewijn Bouckaert & Gerrit De Geest (eds). -Spender, Peta, (2002), Securities Class Actions: A View from the Land of the Great White Shareholder, Common Law World Rev, Vol. 31. -X. Shen, Francis, (2010), The Overlooked Utility of the Defendant Class Action, Denver University Law Review