This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

Can I Initiate a Class Action Lawsuit with 5 People in the USA?

Question from Mickey, Can I Initiate a Class Action Lawsuit with 5 People in the USA?

Answer from AI:

In the United States, it is possible to initiate a class action lawsuit with a small number of people, including five individuals. However, there are certain criteria that must be met under the Federal Rules of Civil Procedure (FRCP), specifically Rule 23.

What is Rule 23?

Rule 23 of the FRCP outlines the requirements for class action lawsuits. According to this rule, one or more members of a class may sue as representative parties on behalf of all members only if:

  • The class is so numerous that joinder of all members is impracticable.
  • There are questions of law or fact common to the class.
  • The claims or defenses of the representative parties are typical of the claims or defenses of the class.
  • The representative parties will fairly and adequately protect the interests of the class.

Can a Class Action Lawsuit be Initiated with 5 People?

While there is no specific minimum number of plaintiffs required to file a class action lawsuit, the first criterion of Rule 23, known as “numerosity,” generally requires that the class be so large that it would be impracticable to bring them all before the court. Whether a group of five individuals would meet this requirement depends on the specific circumstances of the case.

When to Consult a Legal Professional

If you and a group of people are considering initiating a class action lawsuit, it is strongly recommended that you consult with a legal professional. An attorney experienced in class action lawsuits can provide guidance on whether your group meets the requirements of Rule 23 and can help navigate the complex process of filing a class action lawsuit.


For more information on class action lawsuits and Rule 23, you can refer to the Legal Information Institute’s page on Rule 23.

Remember, this information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a legal professional for personalized advice.

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