What is the difference between class action and individual litigation in consumer fraud cases?

The primary difference between class action and individual litigation in consumer fraud cases is the number of people involved in the lawsuit. Class action is when multiple people with similar claims file a single lawsuit against a single defendant. Individual litigation, on the other hand, is when one person files a lawsuit against the same defendant. In Hawaii, consumer fraud statutes allow for either class action or individual litigation. Generally, in a class action, all the claimants share a common injury, such as an unfair or deceptive trade practice, or any other legal wrong. The group of individuals collectively acts as the plaintiff, while the defendant is the business that committed the violation. If the class action is successful, each individual is typically entitled to a portion of the money awarded. In individual litigation, however, the individual plaintiff sues on behalf of himself or herself, and not for any other claimants. This type of lawsuit is often taken on a contingency basis, meaning the plaintiff does not have to pay attorney fees. If she or he wins the case, the plaintiff receives a portion of the award. In sum, class action and individual litigation both pursue justice for individuals or groups of individuals through the court system in the event of consumer fraud. The difference between the two is that class action involves multiple people filing against one defendant, while individual litigation is brought by one person against a single defendant.

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