How to Start a Class Action Lawsuit: What It Actually Takes
Reference Guide
Short answer on how to start a class action lawsuit: one person can start it, but not alone. You file a normal lawsuit as the named plaintiff “on behalf of” everyone with the same claim. You need a lawyer, because federal courts do not let a non-lawyer represent other people. Then a judge decides whether the case may proceed as a class under Rule 23. Filing it does not make it a class action — certification does.
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See all open settlementsWhat a Class Action Is
A class action is one lawsuit in which a few named plaintiffs (class representatives) sue for a whole group. The other members never appear in court, but they are generally bound by the final judgment, per the Congressional Research Service.
Federal Rule of Civil Procedure 23 sets four gates. The group must be so numerous that joining everyone is impracticable. There must be common questions of law or fact. Your claim must be typical of the group's. And you must fairly and adequately protect the group's interests.
For money damages, the court must also find that common questions predominate and that a class action is superior to individual suits. That is the hardest test, and it is where most fights happen.
Case details
There is no strict headcount. The CRS notes courts have observed that a class of more than 40 members generally satisfies numerosity.
Commonality is not a formality. In Wal-Mart Stores, Inc. v. Dukes, decided June 20, 2011, the Supreme Court threw out a certified class of some 1.5 million female employees. The claims, it held, must turn on a common contention “capable of classwide resolution.”
Where you file matters too. Under the Class Action Fairness Act, 28 U.S.C. § 1332(d), federal courts hear class actions worth more than $5,000,000 in total where any class member and any defendant are citizens of different states. It does not apply to classes under 100 people or where the primary defendants are governments.
What This Page Is (and Is Not)
If you got a letter or email about a settlement, you are already in a class someone else started. You do not need to file anything new — check open class action settlements instead. State courts have their own class action rules, which often track Rule 23 but are not identical.
Can You Be the One Who Starts It?
Yes, if your own claim fits. A class representative has to be a class member with the same injury, and the court checks adequacy under Rule 23(a)(4).
You cannot do it without a lawyer. Federal law lets parties conduct “their own cases” personally (28 U.S.C. § 1654). In Fymbo v. State Farm (2000), the Tenth Circuit put it plainly: a litigant may bring his own claims without counsel, “but not the claims of others.” That case was dismissed and the plaintiff was sanctioned $500.
The court must also appoint class counsel. Under Rule 23(g) it weighs the lawyers' investigation work, class action experience, knowledge of the law and the resources they will commit.
Check for an arbitration clause first. Many consumer and job contracts waive class actions. In AT&T Mobility v. Concepcion the Supreme Court enforced such a waiver under the Federal Arbitration Act. See class waivers in arbitration clauses.
What It Costs, and What the Named Plaintiff Gets
The named plaintiff gets the same share as everyone else. Many courts have approved small extra “incentive” or service awards. But in Johnson v. NPAS Solutions, No. 18-12344, a 2020 Eleventh Circuit panel held such awards prohibited. That case shows the scale: class counsel sought 30% of the fund, or $429,600; the named plaintiff's proposed award was $6,000; and 9,543 class members submitted claims.
Any settlement needs a hearing and a finding that it is “fair, reasonable, and adequate.” To estimate a share in a real settlement, use the class action payout calculator.
How a Class Action Moves, Step by Step
Step 1 — Find a Lawyer Who Takes Class Cases
Bring your documents: receipts, contracts, notice letters, account statements. The lawyer checks whether others share the same claim and whether an arbitration clause blocks a class.
Step 2 — File the Complaint
You are the named plaintiff suing on behalf of a defined class. In securities cases, notice must be published within 20 days, and other investors get 60 days to ask to lead the case.
Step 3 — Motions to Dismiss and Discovery
The defendant usually attacks the complaint first. If it survives, both sides exchange documents and take depositions. Copycat suits may be consolidated.
Step 4 — Class Certification
The judge decides whether the case may proceed as a class and appoints class counsel. Either side can ask the appeals court to review within 14 days.
Step 5 — Notice and the Right to Opt Out
For damages classes, members get individual notice where they can be identified. Anyone who asks to be excluded is excluded and keeps the right to sue alone.
Step 6 — Settlement Hearing or Trial
A settlement binds the class only after a court hearing. Class members may object. Most money reaches people through a claims administrator after final approval.
Three Things to Watch For
Wanting to start a class action makes you a target for a few specific pitches:
“Pay us to register your class action”
There is no registry. A class action starts when a lawyer files a complaint in court, and the court fee is paid at filing. A website charging you to “submit” or “list” a case is not filing anything.
“Become lead plaintiff” ads after a stock drop
In securities cases a published notice invites investors to seek lead-plaintiff status within 60 days. Those ads are lawful, but you do not need to answer one to be in the class — and the court picks the lead plaintiff, presumptively the one with the largest financial interest.
Promises of a big payment for being the face of the case
No one can promise you a bonus. Any payment to a class member must come through court approval, and one federal appeals court has barred incentive awards entirely. A side payment to drop an objection also needs the court's approval.
Starting a Class Action — Questions People Actually Ask
Short answers to the questions people ask most about this case.
How much money does it cost to start a class action lawsuit?
The federal court fee is $405 ($350 filing fee plus a $55 administrative fee). Class action firms typically front that and all litigation costs and are repaid only from a recovery the court approves. Fee terms are in your retainer — read them. More on class action attorney fees.
Can one person start a class action lawsuit?
Yes. Rule 23 says “one or more members of a class” may sue as representatives. But the case only becomes a class action if a judge certifies it, and the representative must be an adequate one with a typical claim.
Can I file a class action lawsuit without a lawyer?
No, not in federal court. You may represent yourself in your own case, but a non-lawyer cannot represent other people's claims. The Tenth Circuit affirmed dismissal of a pro se class action on exactly that ground in Fymbo v. State Farm (2000).
Is it hard to start a class action lawsuit?
Filing is easy; certification is hard. You must show numerosity, commonality, typicality and adequacy, and for damages that common issues predominate. In Wal-Mart v. Dukes (2011) a class of some 1.5 million employees failed the commonality test. Arbitration clauses with class waivers stop many consumer cases before they start.
Is it worth filing a class action lawsuit?
It depends on what you want. If your loss is small and many people share it, a class action may be the only practical way to recover. If your loss is large or personal, such as a serious injury, an individual case usually fits better — see class action vs. mass tort. As a named plaintiff you take on duties to the class but generally get the same share as everyone else.
How do I join a class action lawsuit instead?
You usually do not have to. If you fit the class definition, you are included unless you opt out. When there is a settlement, you file a claim form by the deadline in the notice. Current ones are listed on our open settlements page.
How long do I have to start one?
Your claim's statute of limitations applies. A pending class action pauses (tolls) that clock for class members' individual claims. But in China Agritech v. Resh, decided June 11, 2018, the Supreme Court held you cannot start a new class action after the limitations period has run just because an earlier one failed.
Can I start a class action lawsuit against the federal government?
Class actions against the United States exist, but different rules apply — for example, the deadline to seek an appeal of a certification order is 45 days instead of 14 when the United States is a party. That is a question for a lawyer who handles claims against the government; this page covers the general process.
About This Information
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated - $236 billion in real payouts analyzed · See what we found
This page is for general information only and is not legal advice. Lawsuit status, eligibility, and compensation can change. Settlement Insight is not a law firm and does not represent any party. Consult a licensed attorney about your specific situation.
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