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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112774
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What steps must be taken to start a class action lawsuit?

Customer Question

What steps must be taken to start a class action lawsuit?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: This would be on a national level against Obamacare. It was created to insure that all people would be guaranteed insurance. However there are millions of people, because of there low income on their job can't afford the premiums. However the IRS imposes a penalty on these people for not having insurance. Since Obamacare is not fulfilling their guarantee, can a class action suit be started?
JA: Has anything been filed or reported?
Customer: Not to my knowledge. The person I'm working with filed an appeal with the Dept. of Human Services when they denied coverage because she was over the income limit.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A person really cannot start a class action lawsuit on their own. First off a class action lawsuit is one with 21 or more plaintiffs who have suffered harm from the same conduct from the defendant. All class action suits start the same way, one plaintiff gets an attorney and files suit and as suit starts the attorney finds other persons who were harmed in the same way. Once the attorney has 21 or more plaintiffs he has to apply to the court for permission to certify the case as a class action and it is up to the court to certify the class.
So if you want to start a class action suit, your first step is to find a local attorney who handles insurance law and you need to convince them of the viability of your suit and het them to agree to take on your case and locate plaintiffs to join to pursue the case as a class action in court.
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