Commentary
Class actions have played a major role in transforming society since the modern class action was born in 1966. That was when the Federal Rules of Civil Procedure in the United States were amended to create the “opt-out” mechanism.
Until then, class actions had required individuals to proactively sign up for a class action lawsuit and opt into it. That proved to be a major impediment to disadvantaged groups. The poor, the marginalized, and the legally or otherwise illiterate had to know that a class action on their behalf had even been started and then seek out the lawyers handling it. In addition, they might fear retaliation from the powerful interests standing in opposition to the claims….