| Abstract: | The consumer class action has been hailed as the ultimate consumer remedy. It permits economies of scale in some legal proceedings which may benefit the consumer. Moreover, government agencies will not ordinarily bring suit on behalf of one of these consumers but they will, in some cases, sue on behalf of the class. In the case of a harmful commodity, if a class action is successfully adjudicated disutility is lowered for those harmed and social benefits (i.e., collective benefits) may accrue in some measure to those for whom damage was averted. Whether in the short run or the extent to which in the long run prices will be increased as a result of the adjudication of a class action depends upon the degree of competition in the market in which the producing firm operates and on the level and elasticity of the relevant supply and demand curves for the product subsequent to the suit. Even without suit being brought the effect of the threat posed by the availability of the consumer class action will be a shift to a higher quality of product and more non-price competition on the basis of quality or at least a reduction of fraud and of harmful product attributes. The overall effect of the class action being available as a legal tool should be a better performing market and better performing agencies serving the consumer. Though consumer economic welfare will not always be increased through the use of the class action, its increased use is important if we are to have a more equitable economy. |
