What is the difference between a class action lawsuit and a private attorney general action?
Class action lawsuits and private attorney general actions share a common purpose: to correct wrongs. The primary difference between the two lies in their respective broaches to achieving that purpose. A class action lawsuit is a legal suit in which a group of people with a common interest in a legal issue come together to jointly pursue legal action against a defendant. The group must have a valid legal interest and the defendant must have acted in a manner that is relevant to their claims. In this type of legal action, the group is represented by an attorney who “acts on behalf of the class”—hence the name “class action lawsuit.” A private attorney general action (PAGA) is a form of lawsuit in which a private attorney represents the state of California in a claim against a defendant. In other words, the private attorney is acting in a role similar to California’s Attorney General in a particular case. Like a class action lawsuit, the PAGA action must involve a valid state interest and a claim that the defendant has acted in a manner that violates that interest. In California, PAGA suits are available only when the state has failed to enforce a law, or the state agency responsible for enforcement has failed to do so. In contrast, a class action lawsuit is available when a group of people have a shared legal interest and have filed a complaint together against a defendant.
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