QUESTION
Class action legal suit and individual opt out sue- facts
Asked on Aug 12th, 2012 on Business Law - New York
More details to this question:
There is a company that send spam emails to thousands of people. One of them sue by class action sue and I was part of the class.
There are compensation fees the law say they will need to pay for each email without the need to prove damage.
I request the court to opt out and the judge accept my request.
I sue seperatly and the court say I need to wait the class action court will decide about their responsibility and after that they will decide my damages (compensation) seperatly.
The court say the class action court is the proper forum and they don''t want two court will have different decisions in the same question.
I''m sorry in advanced, this is in Israel. I just want to know how it''s like in the US law and legal system .
I need law refer or verdict in this issue because I believe the reason that there is an option to opt out is for cases like mine and I want to show the judge cooperative law.
Please help me
And thanks you so much for your kind answers!
1 ANSWER
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In the U.S., a class action only binds members of the class who have not effectively opted out. Once you opt out, it is as if the class action was never instituted and you are completely free to sue on your own. While the defendant may be collaterally estopped to deny certain facts that are deemed to have been established in the class action, your individual lawsuit proceeds as if you are starting from scratch.
Answered on Aug 12th, 2012 at 1:35 PM