A class action lawsuit can involve hundreds, even thousands, of individuals all seeking damages from a common injustice. All of these individuals are considered members of the class action lawsuit, however a lead plaintiff is appointed to represent the rest of the plaintiffs in court.
How is the lead plaintiff determined?
The court trying the class action lawsuit will appoint a lead plaintiff based on his or her similarity to the other claimants in the case. This individual is the average representation of the class members. In many cases, the lead plaintiff is the individual who initiated the class action lawsuit.
What does the lead plaintiff do?
The lead plaintiff in your class action lawsuit is responsible for the following duties:
Hiring the Massachusetts class action attorney
Filing the class action lawsuit
Acting as consul on the case
Agreeing on any settlement on behalf of the class members
He or she will be directly consulted in the proceedings of the trial, including the discovery, trial, and settlement phases. This plaintiff may be called upon to testify in court, procure documentation in relation to the case, and attend all court proceedings.
The lead plaintiff is the only member who can agree to a settlement, but all class members have the option to opt-out of the suit if they don’t agree. He or she may also receive a slightly larger settlement compared to the other class members, due to being more involved in the case. This possible extra compensation will be awarded at the discretion of the judge overseeing the trial.
Contacting a Massachusetts Class Action Attorney
If you are considering filing for or have been appointed lead plaintiff in a class action case, contact the Massachusetts Class Action Attorneys at Phillips & Garcia to schedule your FREE legal consultation today – 1-877-892-5620.
Your boss is not allowed make unauthorized wage deductions from your pay under Massachusetts wage payment law. The only exception is when an employee quits after receiving a pay advance.
If you have caused property damages to your employer while working, then your employer must file a separate claim against you rather than making any unauthorized wage deductions to recoup the loss. Under Massachusetts law, any employer deductions from your paycheck other than taxes can only occur through your written consent.
In that case, you would have given written permission for your employer to make wage deductions for specific damages to work-related property, which would then authorize the employer deductions to take place. However, even in the case of employee authorization, Massachusetts wage payment law states that wage deductions cannot result in the employee making less than the minimum wage.
For more information or to file a formal complaint, you can contact the Attorney General’s Fair Labor Hotline at 617-727-3465.
If you work for a larger employer or company and discover from other employees that unauthorized wage deductions are occurring, you should contact a class action lawsuit attorney immediately.
The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in a Massachusetts employment class action claim. We are committed to protecting your best interests and helping you move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation – (877) 892-5620.
When your interaction with a company has harmed or injured you because of their unfair or deceptive business practices, you may be considering filing a lawsuit against them to recover your losses. Before you can take any other legal action however, you must first write and send a Massachusetts 93A Demand Letter.
The laws governing what is unfair and/or deceptive toward consumers fall under the Massachusetts Consumer Protection Act. Under this law, an individual or business that can prove a company’s illegal or unethical actions resulted in harm or loss can sue for damages.
How to Write a Massachusetts 93A Demand Letter
Before you can seek remedy through a lawsuit in any Massachusetts court, you must send the prospective defendant (the company you intend to sue) a Massachusetts 93A Demand Letter, also called a 30-Day Demand Letter because the company has 30 days to respond.
In business format, write your full name and address and the company’s name and address. In the first paragraph of your Massachusetts demand letter, state and describe the unfair practice or deceptive act. Be sure to include the dates involved in the transaction(s).
Next, explain the injury you suffered as a result. Be brief and use accurate wording to state exactly how you were injured as a consumer. Finally, in the last section of your demand letter, state the amount you are demanding to recover.
Send your Massachusetts 93A Demand Letter by both regular and certified mail. Keep copies of postal receipts as well as of the Massachusetts demand letter for your records and for evidence in your lawsuit should the company in question not comply with the demands stated in your letter.
Contacting a Massachusetts Consumer Protection Attorney
The Massachusetts consumer protection attorneys at Phillips & Garcia will fight for you in a Massachusetts consumer rights case. We are committed to protecting your best interests and helping you collect the damages you need and deserve you move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation – (877) 892-5620.
There is no statute of limitations on billing/collection for bad debts in Massachusetts.However, there are statutes of limitations for filing lawsuits to collect upon a debt. The statutes can vary, but in general there is a 6 year statute of limitations for filing a lawsuit in regards to bad debt.
There is also a 7 year statute for reporting bad debt to the credit bureaus. As long as creditors and collection companies follow the Fair Debt Collection Practices Act, they can continue to attempt collection indefinitely, short of the lawsuit limitation. However, your consumer debt collection rights do not hinge upon statutes of limitations.
Your Consumer Debt Collection Rights
Federal laws under the Fair Debt Collection Practices Act protect you from unscrupulous collection agencies and their scare tactics. If a debt collection agency employs illegal practices against you, a Massachusetts debt collection class action attorney is your best line of defense.
Many illicit debt collection companies have been brought to justice because a Massachusetts class action claim was successfully filed against them. Illegal debt collection practices include:
The increase of debt without authorization
Illegal threats of actions
There are also privacy protections that prohibit collectors from divulging your debts to anyone except you and your spouse. A Massachusetts class action attorney can help determine if these illegal practices are being used against you and other consumers, and if substantiated, can file a Massachusetts class action claim.
If you received any communications from debt collection agencies outside of fair practices standards, make copies of any correspondence and contact a lawyer in our Massachusetts class action attorney firm today.
The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in a Massachusetts debt collection class action claim. We are committed to protecting your best interests and helping you move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation – (877) 892-5620.
Massachusetts state laws and federal regulations dictate that an employer cannot reclassify an employee as an independent contractor unless a strict three-part test of employment can be shown. The classification of employee vs. independent contractor can mean large payroll savings for employers who reclassify regular employees as independent contractors.
Many employers are fighting bad economic times with bad employment practices. By doing this, they can save thousands in healthcare and retirement benefits normally due to a regular employee. If you and/or your co-workers have been wrongfully reclassified as independent contractors, you can file an employment class action claim with an employment class action lawyer.
To determine whether you are an employee or independent contractor, your employment class action lawyer will look at 3 tests:
Is the service you perform outside your employer’s normal course of business?
Are you free from direct control of your employer while you work?
Is the service you perform customarily associated with an independent contractor?
Federal and state courts will also look beyond a 1099 tax form and method of payment to determine if you are an employee or independent contractor. Massachusetts courts will also assess if you are fully integrated into the workplace.
If you know you are an employee but have been reclassified as an independent contractor, you may have an employment class action claim. Contacting an experienced employment class action lawyer is your best resource in helping you determine if you are an employee or independent contractor and what your legal options are.
The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in a Massachusetts class action claim. We are committed to protecting your best interests and helping you move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation – (877) 892-5620.