I placed a deposit on a Franklin Armory, Inc. "Title 1." Am I automatically a part of this lawsuit?
Maybe. When this case was initially announced in July 2020, if you placed a deposit on a Franklin Armory, Inc. "Title 1" firearm, you were asked to become part of a "mass action" lawsuit, which required you to actively opt in, qualify to be a represented party, and sign a representation agreement to join. But this case was later filed as a "class action" lawsuit. You are automatically part of the proposed class of persons represented in the class action if you are a California resident who placed a deposit for the purchase of one or more Franklin Armory, Inc. "Title 1" firearms before August 6, 2020 and are not prohibited from owning or possessing firearms. The lawsuit was just filed on September 18, 2021, and the federal court will have to approve the proposed class before all members are officially part of this suit.
If you wish to opt out of representation in the class or believe you no longer qualify for membership in the class, please contact us.
Is this a Mass Action or Class Action? What is the difference?
This lawsuit was filed as a class action on September 17, 2021.
When a group of victims suffers harm, that group may file a class action or mass tort lawsuit to protect their rights. Both types of cases provide similar outcomes and are often confused, but each is handled very differently.
A class action claim is a lawsuit filed on behalf of a group of people involved in a situation that resulted in damages and injuries. Class action claims help reduce the number of individual cases that must be filed when more than one person has been affected. But, in class action lawsuits, certain steps must be taken for a class action lawsuit to proceed:
1. People in the class must be notified and given the chance to opt-out and find their own representation. 2. A motion must be filed and granted in court for the named plaintiff to act on behalf of a group. 3. The named plaintiff must show that their experience is representative of the others involved in the lawsuit. 4. The named plaintiff must also show that this type of lawsuit is ideal for holding defendants accountable and that individual lawsuits would not be as beneficial or cost-effective for all those involved. 5. The compensation received by each individual involved must not be worth the time and costs of hiring an attorney for an individual case.
Mass action lawsuits, however, are actions brought on by a large group of people injured on a large scale against one or a few corporate defendants. Mass action, like class-action lawsuits, can be used to reduce the number of court cases brought by individuals. These cases permit an attorney or group of attorneys to represent individual victims. An attorney can use their investigation findings for all cases filed.
Is this case primarily about getting a big money settlement from the DOJ?
No. While money damages may be pursued, the primary purpose of this case is to hold the Department of Justice accountable for their unconstitutional actions in preventing the lawful sale of lawful firearms to those who are entitled to receive and possess firearms under the law and to have the Dealer Records of Sale System properly configured such that all lawful firearms, including the "Title 1" style firearms manufactured by Franklin Armory, Inc., can be lawfully transferred under California law.
Isn't there already a case addressing the Title 1 issue? Why two cases?
Yes. A lawsuit has been filed and is pending in state court challenging the lawfulness of the technological barriers put in place by the DOJ that bar the Franklin Armory, Inc. "Title 1" style firearms. The plaintiffs in that lawsuit are the manufacturer, Franklin Armory, Inc., and the California Rifle and Pistol Association, on behalf of its members. But, given the sheer volume of persons who have been affected by the DOJ's actions and/or inaction, including those who are not members of the California Rifle and Pistol Association - an action for the individuals barred from acquiring their firearms allows the potential purchasers to seek relief in federal court, including those who are not members of the California Rifle and Pistol Association.
What are my Fee Liabilities?
Class members have no liability for any expenditures relating to the lawsuit. The Firm, and any third party assisting in financing this litigation, shall bear all responsibility for costs and fees and other expenditures associated with prosecuting this case.
How do I send you my documentation?
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