NJ Class Actions

Class-action certification is the process of defining the class so that every person who has suffered a particular injury has the chance to be represented in court. It is also the opportunity for the lead plaintiffs to demonstrate they can properly represent the entire class 1.

There are several requirements for the certification of a class action. For example, under Rule 23 of the Federal Rules of Civil Procedure, one or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) the class is so numerous that joiner of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class 2.

One example of a class-action lawsuit filed in New Jersey in 2023 is a lawsuit against New Jersey-based panel installation company Vision Solar. The lawsuit accuses Vision Solar of pressuring customers to pay for a product that failed to live up to salespeople’s promises. According to the lawsuit, Vision Solar would often fail to obtain the proper permits before installing the panels, leaving homeowners paying for a system that wasn’t connected to the power grid. Other times, salespeople would allegedly mislead customers about the potential savings 1.

The Vision Solar class action lawsuit is Tom Bascetta et al., v. Vision Solar LLC, Case No. 1:23-cv-02010-KMW-AMD in the U.S. District Court for the District of New Jersey.

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