It is important to know that communications between class members and Wagners will be kept confidential. Information we receive on any class members will not be made public, unless a class member desires and consents to the release of their information. Whether your information becomes public is within your discretion and control.
Many have inquired when it is necessary to contact Wagners to become involved in the action.
The class action works on an opt-out basis, meaning that if you fall within the class definition, you are presumptively part of it. Therefore, it is not necessary to contact the firm immediately.
However, we would encourage class members to communicate with us earlier rather than later. By doing so, you will be directly kept apprised of the status of the case as it moves forward, as we will have your contact information. This is important for ensuring not to miss crucial deadlines or status updates. If a class member misses the claims period and does not submit a claim, they will not be entitled to recover and will be barred from taking any further action.
If you are uncertain at this stage about whether you would like to take part, you may wait, or you may still contact the firm via email, over the phone, or by meeting with us, and decide at a later date to opt-out, should you desire, during the opt-out period.
How do legal fees work?
The representative plaintiff has entered into an agreement with Wagners with respect to legal fees and disbursements.
There are no fees or upfront costs for any class member to participate in this action. In this case, as is common in class actions, Wagners has entered into something called a contingency fee agreement. This means that class counsel is only paid if the class action is successful. If the action settles, or is successful at the common issues trial, Wagners will be paid back disbursements, (which are expenses paid to further the case), and legal fees for the time put into the action, from the settlement amount or court award.
As well, any agreement with respect to counsel’s legal fees must be approved by the court as fair and reasonable.