What is the difference between a class action and a collective action?

A class action lawsuit is a legal action brought by a group of people who have suffered a similar injury or harm. These people are referred to as a “class” and are represented by one or more lead plaintiff. A collective action is similar to class action but is typically used to address labor law violations. Unlike class action, collective action only proceeds when all members of the collective voluntarily join it. In Alaska, class action lawsuits must meet certain criteria before they can be certified as a class under state and federal laws. The criteria include that the class be so numerous that it would be impractical to bring the case as individual lawsuits, that the interests of the class members are common and that the named plaintiff’s claims are typical of the claims of the class. If the criteria are met, the class action lawsuit can proceed. In contrast, collective action lawsuits do not need to meet the same criteria as class action lawsuits. Instead, collective action proceeds when all members of the collective voluntarily join the lawsuit. If any of the members decline to join, the collective action will not proceed. Additionally, collective action is a more limited form of legal action and only applies to certain areas of the law, such as labor law. Both class action and collective action lawsuits are important tools for people to seek compensation for injuries or harm caused by another party. However, the differences between the two legal actions must be considered before deciding which avenue is best for a particular situation.

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