Crowdfunding disputes (Kickstarter, GoFundMe, Indiegogo refund policies), event ticket refunds (Ticketmaster, StubHub, CA law 22507), digital content disputes (Amazon Kindle 7-day, Apple/Google Play), small claims court ($3,500-$25,000 state limits), class action settlements (Capital One $425M, AT&T $177M), consumer documentation strategies, arbitration clauses, demand letters.
Get an estimate of your potential compensation
This guide covers the most common digital and consumer disputes that don't fit neatly into other categories: crowdfunding projects that never deliver, cancelled concerts with no refunds, digital content you can't access, contractor disputes, and general consumer protection strategies that apply to any purchase.
Key topics: Crowdfunding platforms (Kickstarter has no refund policy if project is funded - only creator can authorize refunds; Indiegogo offers 10-day post-campaign window; GoFundMe offers 72-hour refund window), event ticket refunds (California Business & Professions Code 22507 requires full refunds for cancelled, postponed, OR rescheduled events upon request), digital content disputes (Amazon Kindle 7-day return window, Apple manual review via reportaproblem.apple.com, Google Play 48-hour window), small claims court (state limits range from $3,500 to $25,000 with Texas highest at $20,000), and class action settlements (Capital One $425M automatic payment, AT&T $177M data breach with November 18, 2025 deadline).
Most powerful consumer tool: Small claims court. Filing fee is only $30-$200, no attorney needed (you represent yourself), hearings occur within 30-90 days, and success rates are 75-85% if you have good documentation. Corporations hate small claims because their expensive lawyers provide no advantage - it's you vs. them on equal footing before a judge who decides based on evidence and fairness.
Crowdfunding platforms explicitly disclaim liability for creator failures. You have LIMITED legal protections compared to regular purchases. Success rate for recovering money from failed campaigns: 25-30% (primarily via chargeback within 60-120 days).
Refund Policy: NO refunds once project is funded. Only creator can authorize refunds voluntarily.
Platform Liability: Terms of Use bar lawsuits against Kickstarter over creator disputes (you must sue creator directly).
Your Options:
Refund Policy: 10-day post-campaign refund window OR before funds are disbursed to creator.
Platform Liability: Similar to Kickstarter - disclaims liability for creator performance.
Your Options:
Refund Policy: 72-hour refund window after donation. Automatic refund if fundraiser is shut down for policy violations.
Platform Liability: Terms require arbitration for disputes (no class actions, no lawsuits).
Your Options:
California Attorney General actively enforces crowdfunding fraud cases. If creator is in California OR you are a California resident, file complaint at oag.ca.gov/consumers/general/crowdfunding.
Recent CA enforcement actions:
File within 60-120 days (varies by card issuer - check your credit card agreement). Success rate: 45% for failed crowdfunding campaigns.
Chargeback reason codes that work:
Documentation needed: Campaign page screenshots (save NOW - creators often delete), payment confirmation, creator updates showing failure/delays, your attempts to contact creator.
California Business & Professions Code Section 22507 requires ticket sellers to offer FULL REFUND for cancelled, postponed, OR rescheduled events upon request.
This applies to:
You do NOT have to accept credits, vouchers, or rescheduled tickets. You have the RIGHT to a cash refund.
Contact Ticketmaster/StubHub/etc. via phone, email, or their refund request form. State: "Under California Business & Professions Code Section 22507, I am requesting a full refund for [event name] which was [cancelled/postponed/rescheduled] on [date]."
Go to oag.ca.gov/contact/consumer-complaint-against-business-or-person. AG has recovered millions for CA consumers from Ticketmaster, StubHub violations.
If ticket seller refuses refund, file chargeback for "services not rendered" (event cancelled/changed). CA law strengthens your chargeback case.
California small claims limit: $12,500 (raised from $10,000 in 2024). Filing fee: $30-$75. Hearing within 30-60 days. Success rate: 80%+ with CA law on your side.
New York:
New York Arts and Cultural Affairs Law Section 25.13 requires refunds for cancelled events. Postponed/rescheduled events: ticket holder entitled to refund if new date not acceptable.
Illinois:
815 ILCS 414/1.5 (Ticket Sale and Resale Act): Refunds required for cancelled events within 30 days. Rescheduled events: must offer refund OR honor ticket at new date.
Florida:
Florida Statute 817.36: Refunds required for cancelled events unless ticket clearly states "no refunds." Postponed events: reasonable time (typically 1 year) to hold new event or refund.
Texas:
Texas Business & Commerce Code Section 2.314: Implied warranty of merchantability - if event cancelled, refund required. Small claims limit: $20,000 (highest in US).
Most Other States:
No specific ticket refund law, but general consumer protection laws apply. Cancelled events: refund typically required. Postponed/rescheduled: depends on ticket terms, but you can argue breach of contract if substantially different date/time.
Small claims court removes the #1 advantage corporations have over consumers: expensive lawyers. In small claims, attorneys are either prohibited (CA, MI, NE) or provide minimal advantage (most states). It's you vs. them, on equal footing, before a judge who decides based on evidence and fairness.
Success rate with good documentation: 75-85%. Average time to hearing: 30-90 days. Filing fee: $30-$200.
Fee waiver available if you can't afford filing fee (submit fee waiver form with income proof).
Defendant has 20-30 days to respond after being served. If no response, you may win by default.
Before filing, send certified mail demand letter to defendant. Many states REQUIRE this. 40-60% of cases settle after demand letter (defendant realizes you're serious and wants to avoid court).
Keep certified mail receipt - you'll need it to prove you sent demand letter.
Go to your local small claims court (usually county courthouse) or file online (available in CA, TX, NY, FL, many others). You'll need:
Court will provide instructions. Common methods:
You MUST serve defendant properly or case dismissed. Get "Proof of Service" form signed and file with court.
Organize your evidence (judge sees 20-50 cases per day - make it EASY for them):
Practice your 3-minute opening statement: "Your Honor, on [date] I paid defendant $[X] for [Y]. Defendant failed to [Z]. I am owed $[X] because [brief reason]. Here is my evidence."
Day of hearing: Arrive 15 minutes early. Dress business casual. Bring all evidence organized in binder.
During hearing (usually 10-20 minutes):
If you win: Judgment is legally binding. If defendant doesn't pay within 30 days, you can garnish wages, levy bank account, or place lien on property.
When a company harms thousands/millions of consumers in the same way, one or more consumers file a lawsuit on behalf of everyone affected (the "class"). If the company settles, you get money WITHOUT having to file your own lawsuit.
Your job: Check if you qualify, file claim (usually 5-10 minutes online), wait for payment (3-12 months).
Capital One Data Breach Settlement - $425 Million
If you had Capital One credit card in 2019: Automatic payment, no claim form needed. Payments: up to $5,000 for identity theft, $25-$500 for time spent + credit monitoring.
AT&T Data Breach Settlement - $177 Million
If AT&T customer 2015-2022: Claim deadline November 18, 2025. Payment: $25-$350 (varies by harm). File at attdatabreachsettlement.com
Equifax Data Breach - $425 Million (2017 breach)
Deadline passed but good example: 147 million affected, payments up to $20,000 for identity theft, $125-$500 for credit monitoring.
ClassAction.org
Free website. Search by company name or category. Shows all active settlements with deadlines.
TopClassActions.com
Similar to ClassAction.org. Free email alerts for new settlements.
Check your mail/email
If you're in a class, company must notify you. DON'T ignore "Legal Notice" mail - it's often real money.
Search "[Company Name] class action settlement"
Google it periodically for companies you use (banks, retailers, tech companies).
Company fails to protect customer data (credit cards, SSNs, etc.). Examples: Capital One $425M, AT&T $177M, Equifax $425M, Target $18.5M, Home Depot $17.5M.
Typical payout: $25-$500 per person, up to $5,000-$20,000 if you suffered identity theft.
Company illegally collects/shares data, tracks users without consent, violates TCPA (robocalls). Examples: Facebook $725M (Cambridge Analytica), Google $23M (Safari tracking), TikTok $92M (COPPA violations).
Typical payout: $5-$400 per person.
Company lies about product features, ingredients, origin. Examples: Volkswagen "Clean Diesel" $14.7B, Red Bull "Gives You Wings" $13M, Nutella "Part of Balanced Breakfast" $3M.
Typical payout: $10-$500 per person + free product.
Banks, lenders, subscription services charge undisclosed fees or make cancellation difficult. Examples: Chase overdraft fees $100M, SiriusXM cancellation fees $45M, Planet Fitness membership $2.5M.
Typical payout: $25-$200 per person.
Widespread manufacturing defects, safety issues. Examples: Samsung Galaxy Note 7 batteries, Toyota unintended acceleration, General Motors ignition switch.
Typical payout: Repair, replacement, or $500-$2,000 cash.
Unpaid wages, misclassification, discrimination affecting many workers. Examples: Uber/Lyft driver misclassification $100M (CA), Amazon warehouse overtime $61.7M.
Typical payout: $200-$5,000 per person.
Myth: "Filing a claim is too much work"
Reality: 90% of claims take 5-10 minutes online. You enter name, email, and sometimes proof of purchase (receipt or account statement). That's it.
Myth: "Payouts are only $5"
Reality: Depends on settlement. Data breaches: $25-$500 typical. Identity theft: $5,000-$20,000. Product defects: often replacement + $500-$2,000 cash.
Myth: "I need proof I was harmed"
Reality: Most settlements only require proof you were a customer during relevant time period (account statement, receipt, credit card bill). You DON'T need to prove individual harm.
Myth: "Only lawyers get rich"
Reality: Lawyers get 25-33% of total settlement. The REST goes to class members. Example: $425M settlement = $100M lawyers, $325M to consumers. If 1M people claim = $325 each.
Myth: "It's a scam"
Reality: Class action notices come from court-approved settlement administrator (not the defendant company). Verify at ClassAction.org or settlement website (always ends in .com, not .net/.org). Legitimate settlements NEVER ask for payment or sensitive financial info.
Create Your Consumer Protection System:
Set up a documentation system for all significant purchases ($50+):
1. Email folder: Create "Consumer Disputes" folder in email, save all: - Order confirmations - Shipping notifications - Customer service correspondence - Company responses to complaints
2. Physical folder or cloud folder (Google Drive/Dropbox) for: - Receipts and invoices (scan paper receipts immediately - they fade) - Contracts and agreements - Warranty information - Product manuals - Photos of products/defects - Before/after photos of services
3. Timeline document (Google Doc or Word doc): - Create file: "[Purchase/Service] Timeline - [Date]" - Log each interaction: - [Date]: Purchased [item] from [company] for $[amount], receipt #[number] - [Date]: Contacted customer service re: [problem], spoke to [agent name], told [resolution promised] - [Date]: Problem not resolved, sent email to [email], [response or no response] - [Date]: Filed complaint with [platform/agency]
Why this matters: 80% of small claims court cases are won based on documentation. If it's not documented, it didn't happen.
Immediate actions for current dispute: - Screenshot/download all relevant emails and receipts RIGHT NOW - Take photos/videos of defective products or poor workmanship - Write timeline of events while memory is fresh - Save to multiple locations (computer + cloud backup)
Communication best practices: 1. After phone calls, send confirmation email: "Per our call today at [time], you agreed to [specific resolution]. Please confirm this is correct. If I don't hear from you within 48 hours, I'll assume we're in agreement."
2. Use email/text over phone when possible: Creates automatic documentation
3. Be specific in written communication: - Bad: "The product doesn't work" - Good: "The product stopped working on [date] after [X uses]. Specifically, [describe defect]. I followed all instructions in the manual."
4. Save screenshots of websites: - Product descriptions (before company edits them) - Company policies (before they change them) - Your account showing issue (error messages, failed deliveries) - Use Archive.org Wayback Machine to preserve web pages
Why demand letters work: 40-60% of consumer disputes resolve after demand letter (companies realize you're serious).
When to send: After informal attempts fail (1-2 contacts with customer service), before filing lawsuit/complaint.
How to send: Certified mail, return receipt requested (proves delivery - costs ~$8 at post office)
Template:
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[Your Name] [Your Address] [City, State ZIP] [Your Phone] [Your Email]
[Date]
[Company/Person Name] [Address] [City, State ZIP]
Re: Demand for [Refund/Repair/Compensation] - [Order/Account Number]
Dear [Company/Person],
SUMMARY OF DISPUTE: On [DATE], I [purchased/contracted for/paid for] [PRODUCT/SERVICE] from your company for $[AMOUNT] [include receipt/order number if applicable]. [Describe transaction in 1-2 sentences].
WHAT WENT WRONG: [Describe problem factually - what was promised vs. what you received]: - You promised: [specific promise from contract, advertisement, website] - What actually happened: [specific problem, with dates] - Impact on me: [how this harmed you - financial loss, time wasted, etc.]
ATTEMPTS TO RESOLVE: I have made [NUMBER] good-faith attempts to resolve this directly with your company: - [DATE]: Contacted customer service, spoke to [agent name if known], was told [response] - [DATE]: Sent email to [email address], [received response/no response] - [Include other attempts]
LEGAL BASIS FOR MY CLAIM: [Choose applicable law - cite specific statute if known]: - Breach of contract (you failed to deliver promised [goods/services]) - [State] Consumer Protection Act (unfair/deceptive business practice) - [Other: Implied warranty, false advertising, etc.]
DEMAND: I demand the following resolution within 30 days of the date of this letter (by [DATE]): - [Option 1: Full refund of $[AMOUNT] to [payment method]] - [Option 2: Completion of contracted work to satisfaction] - [Option 3: Repair or replacement of defective product]
LEGAL ACTION IF NO RESOLUTION: If this matter is not resolved by [DATE 30 days from now], I will take the following actions: - File lawsuit in [COUNTY] Small Claims Court seeking $[AMOUNT] plus court costs and interest - File complaint with [State Attorney General Consumer Protection Division] - File complaint with Better Business Bureau and online reviews - Report to [FTC/relevant agency] for [fraud/deceptive practices] - [For credit card purchases]: File chargeback with credit card company
I prefer to resolve this matter amicably and avoid litigation. Please contact me at [PHONE] or [EMAIL] within 10 days to discuss resolution.
Sincerely,
[Your Signature] [Your Typed Name]
Enclosures: [List what you're attaching - DO NOT send original documents, only copies] - Copy of receipt/invoice dated [date] - Copy of contract/agreement - Photos showing [defect/damage] - Copies of prior correspondence - [Other relevant evidence]
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What to attach: Copies (never originals) of: - Receipt showing payment - Contract or agreement - Photos showing problem - Previous correspondence (emails, texts printed out) - Any other relevant evidence (repair estimates, expert opinions)
After sending: 1. Keep copy of letter and certified mail receipt 2. Mark calendar for 30-day deadline 3. If no response by deadline: Proceed to next step (file complaint, lawsuit, chargeback)
Success rate: Companies resolve 40-60% of disputes after demand letter (cheaper for them than lawsuit)
Why certified mail: Proves you sent letter and they received it (required for court, helpful for chargebacks)
Credit Card Chargeback (If Paid by Credit Card):
Timeline: File within 60 days of statement date (NOT purchase date - you have 60 days from when charge appeared on statement)
How to file: 1. Call phone number on back of credit card 2. Ask for "disputes department" or "fraud department" 3. Say: "I need to file a chargeback for a fraudulent/disputed transaction" 4. Provide: - Transaction date and amount - Merchant name - Reason code (see below) - Brief explanation (1-2 sentences)
Chargeback reason codes for consumer disputes: - "Services not rendered": Crowdfunding project failed, event cancelled with no refund, contractor didn't complete work - "Goods not as described": Defective product, wrong item, digital content doesn't work - "Merchant fraud": Company misrepresented product, fake website, scam - "Cancelled recurring transaction": Subscription/service you cancelled but they keep charging
What happens: 1. You get provisional credit within 10 business days (temporary refund while investigation proceeds) 2. Issuer requests evidence from merchant (merchant has 45 days to respond) 3. If merchant doesn't respond: You win (provisional credit becomes permanent) 4. If merchant responds with evidence: Issuer reviews and decides 5. Final decision: 30-90 days from filing
Success rates by dispute type: - Event cancelled, no refund: 85-90% - Failed crowdfunding project: 40-50% - Defective product: 70-80% - Digital content dispute: 30-40%
Documentation to provide: - Copy of demand letter (if sent) - Order confirmation - Screenshots showing problem - Correspondence with merchant - Platform policy violations (if applicable)
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Platform-Specific Disputes:
Kickstarter/Indiegogo (crowdfunding): - Contact creator first via platform messaging (document this) - If creator doesn't respond within 14 days or refuses: File chargeback - Screenshot project page, all updates, your contribution confirmation
Ticketmaster/StubHub (event tickets): - Cancelled event: Automatic refund (if not received within 30 days, file chargeback) - Postponed event: Request refund via account (CA residents: cite Business & Professions Code 22507) - If denied: File chargeback for "services not rendered"
Amazon/Apple/Google (digital content): - Request refund via platform first (Amazon: 7 days for Kindle; Apple: reportaproblem.apple.com; Google: 48 hours for apps) - If denied and within 60 days: File chargeback - Explain: "Digital content not accessible" or "Not as described in listing"
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PayPal Disputes (if paid via PayPal):
Timeline: 180 days from payment date
How to file: 1. Log into PayPal.com → Activity 2. Find transaction → "Report a Problem" 3. Select issue type: - "I didn't receive my item" (services not delivered) - "Item significantly not as described" (defective, wrong item) 4. Provide details and evidence 5. Escalate to "claim" after 20 days if seller doesn't respond
Success rate: 60-70% for "not received," 50% for "not as described"
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When to File Which Type:
Use chargeback if: - Paid by credit card - Within 60 days of statement - Platform dispute denied or unavailable
Use platform dispute if: - Paid via PayPal, platform wallet, or account credit - Within platform's dispute window - You want to preserve relationship with platform
Can you do both?: NO - choose one path (filing chargeback usually closes platform dispute)
When to Use Small Claims:
✓ Amount in dispute: Under state limit ($3,500-$25,000 depending on state) ✓ Tried to resolve (sent demand letter 30+ days ago) ✓ Defendant is in your state (or does business in your state) ✓ You have documentation (receipts, contracts, photos, correspondence)
Step-by-Step Filing Process:
1. Verify you're in right jurisdiction: - File in county where defendant lives/has business, OR - File in county where dispute occurred (where service performed, product purchased) - Check state limit: Google "[your state] small claims court limit 2024"
2. Get forms: - Go to county courthouse (or courthouse website) - Request "Small Claims Complaint" form (also called "Statement of Claim") - Many courts allow online filing (check "[county] small claims efiling")
3. Fill out complaint form:
Plaintiff section (you): - Your full legal name - Your address (where court will mail notices) - Your phone and email
Defendant section (who you're suing): - Critical: Full legal name and address must be accurate for service - For businesses: Use official business name (check business registry or incorporate.com) - For individuals: Full legal name (check on contract, receipt, or public records)
Claim section: - Amount you're suing for: $[EXACT AMOUNT] - Brief description (2-3 sentences): - "On [DATE], I paid defendant $[AMOUNT] for [SERVICE/PRODUCT]." - "Defendant failed to [complete work/deliver product/provide refund]." - "I demand $[AMOUNT] in damages representing [refund of payment/cost to repair/cost to replace]."
4. Pay filing fee: - Fee varies: $30-$200 (depends on state and amount claimed) - Fee waiver available: If low income, request "fee waiver" form (most states waive fees if income below poverty line)
5. Court schedules hearing: - Typically 30-90 days from filing - Court will mail you hearing date and time - WRITE IT DOWN and set multiple reminders (missing hearing = you lose)
6. Serve the defendant:
You MUST serve defendant (notify them of lawsuit). You cannot serve yourself - must use:
Option A: Certified mail (cheapest: ~$8) - Some states allow this (check with clerk) - Send copy of complaint + court summons via certified mail, return receipt - Keep receipt and signed return receipt (proof of service)
Option B: Process server ($50-$100) - Hire professional process server (Google "process server [county]") - Server hand-delivers documents to defendant - Server files proof of service with court
Option C: Sheriff's department ($40-$75) - Request sheriff serve defendant (through court clerk) - Sheriff attempts service (may take 2-3 attempts)
7. Defendant served = lawsuit is official: - Proof of service filed with court - Defendant has 20-30 days to respond (most don't respond in small claims) - Hearing proceeds as scheduled
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Preparing for Hearing (This Wins or Loses Your Case):
Organize evidence (bring 3 copies: judge, defendant, yourself):
1. Contracts/Agreements: - Original contract or written agreement - Emails confirming what was agreed - Text messages discussing terms
2. Payment Proof: - Receipts showing you paid - Credit card statements - Cancelled checks - PayPal/Venmo transaction records
3. Photos/Videos: - Defective product photos - Before/after photos of work - Damage photos - Print photos (don't rely on showing phone - judges prefer paper)
4. Correspondence: - Emails with defendant - Text message screenshots (print them) - Demand letter (certified mail receipt showing delivery) - Customer service call records
5. Expert Estimates (if applicable): - Estimate to repair contractor's defective work - Mechanic's estimate for car repair - Written statement from expert
6. Timeline: - Type up chronological timeline (see template in section 1) - Makes complex disputes easy for judge to follow
7. Witnesses (optional but powerful): - People who saw defect/damage - People who heard what was promised - Expert witnesses (if needed)
Create presentation binder (put in order): - Tab 1: Complaint and proof of service - Tab 2: Demand letter and certified mail receipt - Tab 3: Contract/agreement - Tab 4: Payment proof - Tab 5: Photos - Tab 6: Correspondence - Tab 7: Timeline - Tab 8: Other evidence
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At the Hearing:
Arrive 30 minutes early: - Find correct courtroom (check directory) - Check in with clerk - Observe other cases (see how it works)
When judge calls your case: - Bring evidence binder to podium - Stand when speaking
Judge says: "Plaintiff, please present your case"
Your presentation (5-10 minutes total):
Opening (30 seconds): "Good morning, Your Honor. On [DATE], I paid the defendant $[AMOUNT] for [SERVICE/PRODUCT]. The defendant failed to [DELIVER/COMPLETE/REFUND], and I am seeking $[AMOUNT] in damages."
Evidence (4-8 minutes): Walk judge through evidence in chronological order: - "Here is the receipt showing I paid $[AMOUNT] on [DATE]." [Hand copy to judge] - "This is the contract stating the defendant would [SPECIFIC PROMISE]." [Hand copy to judge] - "These photos show [DEFECT/DAMAGE/PROBLEM]." [Hand copy to judge] - "I sent a demand letter on [DATE] requesting [REFUND/REPAIR]." [Hand copy] - "The defendant [REFUSED/DIDN'T RESPOND]." [Hand copy of response or certified mail showing no response]
Closing (30 seconds): "Based on this evidence, I am asking for a judgment of $[AMOUNT], representing [REFUND OF PAYMENT/COST TO REPAIR/COST TO REPLACE]. Thank you, Your Honor."
Defendant responds (if they show up): - Judge gives defendant chance to respond - Listen to their arguments - DO NOT INTERRUPT
Judge asks questions: - Answer directly and briefly - Refer to evidence: "That's addressed in Exhibit C, Your Honor" [point to evidence]
Judge issues ruling: - Sometimes immediately after hearing ("I find in favor of plaintiff for $[AMOUNT]") - Sometimes mailed within 30 days
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If You Win:
Judge issues judgment (legal order to pay you). But judgment ≠ money. You must collect.
Collection options:
1. Send payment demand letter (give defendant 30 days to pay voluntarily): "Enclosed is a copy of the judgment entered against you on [DATE] in the amount of $[AMOUNT] plus court costs. Payment is due within 30 days. If not paid, I will pursue wage garnishment and bank levy."
2. Wage garnishment (if defendant has job): - Return to court clerk - File "Writ of Garnishment" or "Earnings Withholding Order" - Court orders employer to withhold 10-25% of wages until paid - Costs: $50-$100 filing fee
3. Bank levy (if defendant has bank account): - Must know where defendant banks (difficult unless you know) - File "Bank Levy" with court - Sheriff goes to bank, freezes account, withdraws judgment amount - One-time withdrawal (if $5,000 in account and you won $3,000, you get $3,000)
4. Property lien: - File lien against defendant's real property (house, land) - Defendant can't sell property without paying you first - File with county recorder's office: $20-$50
Collection reality: - If defendant has no job, no bank account, no property: Cannot collect (judgment-proof) - But judgment lasts 10-20 years (depending on state) and accrues interest - When defendant gets job or buys property, you can collect
Success rate collecting judgments: 60% (40% of small claims judgments are never collected)
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If You Lose:
- Appeal: Some states allow appeal to higher court (filing fee $75-$200, hearing within 60-90 days) - Accept it: Small claims decisions are usually final - Lesson learned: Strengthen documentation for future disputes
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Small Claims Resources by State:
Google "[your state] small claims court guide" for: - Filing forms - Dollar limits - Procedures and rules - Fee waiver forms - Online filing portals
Best free guide: Nolo.com → "Represent Yourself in Court" (comprehensive small claims guide)
What Are Class Actions:
Lawsuits where one plaintiff sues on behalf of thousands/millions with similar injury. If company settles, you get paid (if you're in the "class").
Common class actions: - Data breaches: Company lost your info → settlement pays $50-$500 per person - False advertising: Product claims were lies → settlement pays refund or cash - Defective products: Widespread defect → settlement pays repair/replacement/refund - Privacy violations: Company sold your data → settlement pays $25-$200
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How to Find Settlements You're Eligible For:
1. ClassAction.org (best resource): - Visit ClassAction.org weekly - Search by company name (e.g., "Capital One class action") - Browse by category (data breach, consumer products, automotive, etc.) - Sign up for email alerts: Free, sends you settlements in categories you choose
2. TopClassActions.com: - Publishes monthly lists: "10 Class Action Settlements You Can Claim [Month/Year]" - Includes claim deadlines and estimated payments - Subscribe to newsletter for monthly alerts
3. Consumer-Action.org: - Database of open settlements by status - Filter by: Open for claims, Recently approved, Closing soon
4. Company notices: - If you're eligible for major settlement, company may mail postcard notice or email notice - Don't ignore these - they contain claim instructions and deadlines
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Current Major Settlements (2025):
Capital One - $425 Million (Automatic Payment) - Who: Anyone with Capital One 360 Savings account between Sept 18, 2019 - June 16, 2025 - Claim process: AUTOMATIC (no claim form - payment sent automatically) - Amount: Varies by account ($50-$200 estimated) - What: Capital One allegedly failed to maintain promised APY on savings accounts
AT&T - $177 Million (Data Breach) - Who: Info compromised in breaches announced March 30 or July 12, 2024 - Claim deadline: November 18, 2025 - How to claim: File at settlement website (link at ClassAction.org) - Amount: $50-$100 estimated
Frontier Communications - $5.64 Million (Cyberattack) - Who: Received breach notice for April 14, 2024 cyberattack - Claim deadline: October 27, 2025 - Amount: Up to $5,000 for documented identity theft; $25-$100 for monitoring time
Google Location Tracking - Amount TBD (Privacy) - Who: Android users who had location tracking enabled 2014-2020 - Status: Settlement approved, awaiting claim deadline announcement - Monitor: ClassAction.org for claim opening
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How to File Class Action Claim:
Step 1: Verify eligibility: - Read settlement notice carefully - Class period: Were you a customer during specified dates? - Product/service: Did you purchase or use the specific product/service? - Geography: Some settlements limited to certain states
Step 2: Decide claim tier:
Most settlements have two payment tiers:
Tier 1: With proof of purchase - Payment: Full refund or higher amount ($100-$500) - What to provide: Receipt, credit card statement, order confirmation
Tier 2: Without proof - Payment: Standard amount ($10-$100) - Some settlements: Can claim up to 2 items at average retail price without proof
Step 3: File claim by deadline:
CRITICAL: Most settlements have 60-90 day claim window. Miss deadline = get nothing.
How to file (most settlements offer both options):
Online (faster, recommended): 1. Go to settlement website (link in notice or on ClassAction.org) 2. Complete claim form: - Your name and mailing address (where check sent) - Contact info (email, phone) - Product purchased or account held - Dates of purchase/use - Upload proof of purchase (if claiming with proof) 3. Submit 4. Save confirmation number
Mail (slower): 1. Download claim form from settlement website 2. Fill out by hand or type 3. Attach copies of proof of purchase (if claiming with proof) 4. Mail postmarked by deadline to address on form 5. Keep copy of mailed claim
Step 4: Wait for payment:
Timeline: 3-12 months after claims deadline 1. Settlement administrator reviews claims (validate proof, check duplicates) 2. Court approves final distribution 3. Checks mailed or electronic payment sent (PayPal, Venmo, direct deposit)
Check your mail: Settlement checks often look like junk mail (plain envelope, small check). Don't throw away!
Payment amount depends on: - Total settlement fund minus attorney fees (typically 25-33%) and administration costs - Number of claims filed (more claims = smaller per-person payment) - Tier you're in (with proof vs. without)
Example calculation: - Settlement fund: $50M - Attorney fees (33%): $16.5M - Administration: $3.5M - Available for claimants: $30M - Claims filed: 300,000 - Average payment: $100 per person
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Class Action Red Flags (Scams):
Legitimate settlements: - Never ask for payment to file claim - Never ask for credit card number (unless verifying purchase, which is rare) - Don't ask for Social Security Number (except data breach settlements to verify identity) - Listed on ClassAction.org or court docket - Have court case number you can verify
Scam red flags: - Requests upfront fee to claim settlement - Asks for bank login credentials - Pressure to claim immediately ("claim in next 24 hours or lose eligibility") - Can't verify on ClassAction.org or court website - Spelling errors, unprofessional website
Verify before claiming: 1. Google "[company name] class action settlement" 2. Check if it appears on ClassAction.org 3. Search court docket (case number should be in notice) 4. If suspicious, contact ClassAction.org or State AG consumer protection division
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Should You Opt Out of Class Action?:
Default: If you do nothing, you're automatically included (if you're in the class).
Opt out: Exclude yourself from settlement (preserves right to sue individually).
When to opt out: - Your damages are significantly higher than settlement amount (e.g., settlement pays $100 but you lost $10,000) - You have strong individual case with evidence - Settlement is terrible (pennies on the dollar)
When NOT to opt out: - Your damages are similar to settlement amount (settlement is fair compensation) - You don't want to sue individually (time, cost, hassle) - Settlement amount is reasonable for harm suffered
How to opt out: - Follow instructions in class notice (usually mail opt-out letter by deadline) - You'll receive no settlement payment - You preserve right to sue company individually
Typical opt-out deadline: 60-90 days from notice date (BEFORE claim deadline)
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Maximizing Class Action Recoveries:
1. Sign up for ClassAction.org alerts (free): - Select categories you care about (data breach, consumer products, automotive, financial, etc.) - Receive email when new settlement in your category
2. Check ClassAction.org monthly: - Set monthly calendar reminder: "Check for class action settlements" - Scan open settlements for companies you've done business with
3. Save settlement notices company sends: - Don't throw away postcards or emails about settlements - File claim even if payment is small ($10-$50 adds up)
4. Keep purchase records: - Save all receipts (digital or scanned) - Allows you to claim in "with proof" tier (higher payment)
5. File claims for family members: - If spouse/children also affected, file separate claim for each - Example: Family of 4 affected by data breach → file 4 claims = 4 payments
6. Monitor checking account: - Class action checks often small ($10-$50), easy to overlook - Don't mistake for junk mail and throw away
Realistic expectations: - Most settlements pay $10-$100 per person - Occasionally larger: $200-$500 for major data breaches - Rarely huge: $1,000+ only for extraordinary harm (class actions rarely make individuals rich)
But it adds up: If you file 10 claims per year averaging $50 each = $500/year free money for 10 minutes of work.
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Resources:
- ClassAction.org: Comprehensive database, free email alerts - TopClassActions.com: Monthly settlement lists, news - Consumer-Action.org: Settlement database by status - Courts: Most settlements have dedicated website with FAQs, claim forms