What is the difference between a class action lawsuit and a private attorney general action?

A class action lawsuit is a legal action brought by one or more individuals on behalf of a larger group of people who have all suffered similar harm. The people in the larger group, known as the class, are represented by the individuals who brought the action. A private attorney general action, also known as a “PAGA,” is also a legal action brought on behalf of a group of people. However, unlike a class action lawsuit, a PAGA action requires the plaintiff to act as a private attorney general. This means that the plaintiff, not the state government, is stepping in to enforce the law on behalf of the public. Additionally, class action lawsuits involve a fixed amount of damages that each group member will receive if the case is successful, while a private attorney general action does not involve an award of damages. Instead, the PAGA action focuses on ensuring that the defendant stops engaging in the illegal activity and that they create a system to monitor their compliance. In Kansas, while both class action and private attorney general actions are typically brought to enforce state laws, class actions are typically brought under the Kansas Consumer Protection Act, while PAGA actions may be brought to enforce any type of state law, including employment laws.

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