Why We Can’t Take Every Case: What Makes a Good Class Action

At Sotos Class Actions, we receive many inquiries from members of the public who believe they’ve been wronged and are looking for accountability through a class action. We read every submission, and we’re grateful that people trust us enough to reach out. But the truth is, most of the cases we’re asked to take on don’t move forward.

That’s not because the harm isn’t real. It often is. But a viable class action is about more than just harm, it’s about whether the legal system can effectively address that harm through a collective proceeding.

Each case we take on involves a significant investment of time, money, and human resources. We commit for years, often taking cases through complex procedural fights and appeals. That means we have to be selective. We focus on cases that meet key criteria:

A common issue: A class action must involve a shared issue that affects a large group of people in the same way. If the case is too individualized—like a one-off dispute—it likely won’t be certified as a class action.
A defendant with resources: The best legal case in the world can’t deliver compensation if there’s no one to pay. We consider whether the defendant is solvent or insured.
Evidence and proof: We need to assess whether the case can be proven in court. Strong evidence—documents, data, expert opinions—makes the difference.
A legal remedy: Some wrongs are deeply unfair, but not unlawful. We must be confident that the conduct violates a statute or legal duty.
Access to justice and systemic impact: We’re driven by more than money. We take on cases that can make a difference—exposing systemic failures, changing industry practices, or protecting vulnerable groups.

Examples of successful cases include claims against major corporations for deceptive pricing, systemic discrimination, or unsafe products. We’ve also advanced cases that others declined because we believed in their broader impact. But we’ve also said no to many cases with real grievances that just didn’t meet the legal threshold for class action treatment.

Even when we say no, it doesn’t mean the problem doesn’t matter. Sometimes individual lawsuits, Small Claims Court actions, regulatory complaints, or media attention are better tools.

If you think you’ve experienced a mass wrong, we still encourage you to contact us. We review each submission with care and respect. While we can’t take on every case, we remain committed to using the class action tool where it works best: leveling the playing field, holding power to account, and delivering justice at scale.