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Class Action, also known as representative action, allows a large group of people to sue or be sued as a collective, usually in cases where individual lawsuits would be impracticable due to associated costs and logistics. In Bangladesh, particularly Dhaka, the concept of class action law has been prevalent within the context of company law and consumer protection law.
Engaging a lawyer in class action scenarios is vital because of the complexity associated with such cases. If you've suffered loss due to a defective product, fraudulent financial scheme, misleading advertisements, corporate misconduct, or environmental harm caused by a company, you might be part of a class of plaintiffs. A lawyer will guide you to understand if a class action is beneficial in your situation, help you join a suitable class action or even help file one if there are sufficient claims.
In Dhaka, Bangladesh, class action practices are heavily influenced by the Companies Act 1994 and Consumer Rights Protection Act 2009. These Acts outline procedures for shareholders or consumers to collectively seek redress for grievances. The principles of class action, however, are still in a nascent stage in Bangladesh with the courts often referring to case laws from other jurisdictions with more established class action principles like the USA and India.
For a case to proceed as a class action, it must be certified as such by a court. This requires the authentication of predefined criteria within the class like common issues, representative parties, etc.
In general, lawyers may absorb upfront costs and instead charge on a contingency basis, meaning they only get paid if the class action proves successful. However, this depends on the agreement between the claimants and their lawyer.
Award distribution depends on the court's decision, but usually, it's proportionally divided among the class members after deducting legal fees and other expenses.
Generally, once you’re part of a class, you lose the right to sue individually, hence it is essential to seek legal counsel beforehand to understand the implications.
Yes, deadlines to join a class action, known as "opt-in", do exist and are usually set by the court handling the case.
For additional information or help, you may contact Bangladesh Bar Council, Dhaka District Bar Association, or the Legal Aid Services Trust. These bodies have resources and lawyer directories that can assist you in navigating the complexities of class action lawsuits.
If you need legal assistance in a class action, firstly, seek counsel from an attorney with experience in class action litigation. They can evaluate your case, help you understand your rights, the processes involved, and guide on whether to join, abstain or even initiate a class action.
