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Justice Melissa Perry is overseeing the lawsuit which has yet to come before the court. Latitude has already set aside $46 million because of the data breach, mostly for customer remediation costs. The firm could also be slammed with future penalties due to regulatory action.
Some of the common disadvantages of class action lawsuits include: Lack of decision making control. Class action lawsuits are, by definition, representative rather than group litigation. That means that representatives of the affected class make the important litigation decisions ? including when to settle.
What Are the Risks of a Class-Action Lawsuit? The risk of a class-action lawsuit is that if you lose, you will not receive any compensation for your injuries. If you win, however, you will receive a financial or other non-monetary award.
If your class action lawsuit is successful, you will receive a portion of the settlement or court award. Plaintiffs are paid by a lump-sum payment or a structured settlement. Smaller payouts are usually dispersed as a single payment.
Although joining together in a class action can be powerful, plaintiffs risk receiving a smaller individual payout if the award is distributed among many people. They may also lose their ability to bring an independent lawsuit if they are unhappy with the outcome.