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Glossary

25 terms, defined the way someone would explain them out loud.

Class action

One lawsuit brought on behalf of everyone harmed the same way.

Class representative

The named person who stands in for the whole class.

Class certification

The court ruling that lets one case speak for everyone.

Arbitration clause

Contract language sending disputes to a private forum instead of court.

Class-action waiver

A term saying you may only bring a claim for yourself, never as a group.

Unconscionability

A contract term so one-sided a court refuses to enforce it.

Contract of adhesion

A take-it-or-leave-it contract with no room to negotiate.

Assent

Whether you actually agreed, and how the company proved it.

Negative option billing

You are charged unless you act to stop it.

Drip pricing

The price goes up as you move through checkout.

Strike-through pricing

A crossed-out "was" price that was never really the price.

UDAP statutes

State laws against unfair and deceptive acts and practices.

Statute of limitations

The deadline for bringing a claim at all.

Class period

The window of time the case covers.

Standing

Whether you personally were harmed enough to sue.

Typicality

Whether the named plaintiff’s experience matches the class.

Adequacy

Whether the representative will fairly protect the class.

Commonality

Questions that can be answered the same way for everyone.

Discovery

The compelled exchange of documents and testimony.

Deposition

Sworn questioning outside a courtroom.

Motion to compel arbitration

The defendant’s first move to get out of court.

Pre-litigation settlement

Resolving a claim before any complaint is filed.

Settlement administrator

The third party that runs claims and pays out.

Opting out

Leaving the class to keep your own claim.

Whistleblower

An insider who describes what a company actually did.