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The Class Action "Fairness" Act (S. 353): Fairness for Whom?

Legislation has been introduced in the Senate (S. 353) that would make it more difficult for consumers to succeed in class action lawsuits against corporations that commit fraud and other violations of consumer health, safety, and environmental laws. The bill, called the Class Action "Fairness" Act of 1999, would make most state class action lawsuits removable to federal court by defendant corporations. Although this bill is portrayed as a modest effort to end "abusive" class actions brought in state court, it is actually an unprecedented attempt to shift cases that have historically been heard in state court to the federal courts.

Class actions are an important tool that protect citizens by offering a valuable mechanism for aggregating small claims that otherwise might not warrant individual litigation. Consequently, plaintiffs often use class actions in order to gain access to the courts in cases where a defendant may have gained a substantial benefit through small injuries to a large number of persons.

The bill would allow corporate defendants to remove the vast majority of state class actions to federal court. The only exceptions are when:

There are six main problems with the Class Action "Fairness" Act:

For more information, contact Jackson Williams, Legislative Representative,
at (202) 454-5135 or by email: Jwilliams@citizen.org


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