Baby Gender Mentor Class Action
Frequently Asked Questions
The following is a list of Frequently Asked Questions (FAQ) concerning the Class Action Lawsuit involving the Baby Gender Mentor product. Answers to the questions are provided below. If you have any questions that cannot be answered by the following FAQ, please do not hesitate to contact Gainey & McKenna.
1. How does a class action work?
2. How does a class action become certified?
3. What is a class representative?
4. Who is in the class of people in the Baby Gender Mentor case?
5. How does a person become a class representative plaintiff?
6. What advantages does a class action have over a regular lawsuit?
7. How do I know if I am a class member? How do I join the lawsuit?
8. As a class member, what are my responsibilities once the action is started?
9. How much will it cost?
10. How long does a class action lawsuit usually take to be resolved?
11. What should I do if I am contacted by the media?
12. Who are the attorneys handling this case?
13. Should I file a case in small claims court or otherwise pursue an individual claim?
14. Should I post on Internet message boards?
15. What is the goal of this Class Action lawsuit?
16. What should I do with documents, e-mails or other correspondence from any of the defendants? 17. Should I request a refund?
18. What should I do if I need additional information?
1. How does a class action work?
If a group of people have similar complaints, a class action can be filed on their behalf. A class is defined and class representatives are chosen. A Complaint is then filed on behalf of all members of the class, but only some of those members are named plaintiffs in the lawsuit. Discovery is conducted in the case and eventually, the Court decides if the class will be “certified” and all of the claims shall be handled together as a class action.
2. How does a class action become certified?
Certification is granted where the Court is satisfied that: * There is a common claim against the defendants. * There is an identifiable class of affected people. * There is an appropriate person to represent the class members. * The class action procedure is preferable to other procedures available to the claimants.
3. What is a class representative?
A class representative is a class member who is named as a plaintiff in the case and who represents the rest of the class. A class representative works with the lawyers as the case proceeds forward. Class representatives may be required to participate in the legal proceedings, including responding to discovery, attending depositions or other actions.
4. Who is in the class of people in the Baby Gender Mentor case?
Anyone who purchased the Baby Gender Mentor product is a member of the proposed class. Just because you are not a class representative who is named in the Complaint, does not mean that you are not a class member involved in this lawsuit. To make certain that we have your name on our list of people who purchased the product, please send us an e-mail at info@gaineyandmckenna.com and complete the Questionnaire located on our website, www.babygenderinvestigation.com.
5. How does a person become a class representative plaintiff?
The class representatives are a cross-section of the class members. No special skills or qualifications are required to serve as a representative plaintiff, only the desire and ability to effectively represent the interests of fellow class members. The first Complaint that we filed names 16 plaintiffs from around the country. We anticipate filing an amended Complaint to name additional representatives, including residents of Massachusetts and other states. If you are interested in being considered as one of the class representatives, please contact us immediately by e-mail at info@gaineyandmckenna.com.
6. What advantages does a class action have over a regular lawsuit?
Class actions have many advantages over conventional lawsuits: * Class actions allow people to file a claim as a group when it may not make sense to pursue an individual claim. * Class actions can create strength in numbers. * Class actions can make corporate and individual defendants accountable for the way they conduct business. * Class actions place fewer obligations on class members than conventional lawsuits. * Class actions are cost-effective and can increase judicial efficiency because they unite many plaintiffs under one case. *None of the class members have to pay money out of their pocket, including filing fees, attorney’s fees or case expenses, which is good in cases where the plaintiffs already paid money to the defendants. The attorney’s fee is paid out of a settlement or a verdict and the amount is determined by the Court. The Court must approve a settlement of a class action, which includes deciding the amount to be paid to the attorneys.
7. How do I know if I am a class member? How do I join the lawsuit?
Anyone who purchased the Baby Gender Mentor product is a member of the proposed class. Just because you are not a class representative who is named in the Complaint, does not mean that you are not a class member involved in this lawsuit. To make certain that we have your name on our list of people who purchased the product, please send us an e-mail at info@gaineyandmckenna.com and complete the Questionnaire located on our website, www.babygenderinvestigation.com.
8. As a class member, what are my responsibilities once the action is started?
While class members may have some responsibilities at the outset of a case, their participation in the case is limited. However, it is very important that class members contact us in the initial stages of the class action and provide information about their purchase of the product and their dealings with the defendants. As the case proceeds, we will contact class members if we need additional information.
9. How much will it cost?
None of the class members have to pay money out of their pocket, including filing fees, attorney’s fees, or case expenses, which is good in cases where the plaintiffs already paid money to the defendants. The attorneys pay the filing fees and expenses and are reimbursed when the case is resolved. The attorney’s fee is paid out of a settlement or a verdict and the amount is determined by the Court. The Court must approve a settlement of a class action, which includes deciding the amount to be paid to the attorneys. Class actions allow people to file a claim as a group when it may not make sense to pursue an individual claim.
10. How long does a class action lawsuit usually take to be resolved?
A class action case can be settled in the early stages if the defendants are willing to do so. Based on the response to the women who requested refunds, we do not expect the defendants to be cooperative. If the case is not resolved early, it would take from 6 to 18 months to complete discovery and address any motions filed with the Court.
11. What should I do if I am contacted by the media?
It is important that class members understand that speaking with the media, even your local newspaper, can have an adverse impact on a case. For example, statements can be taken out of context and privileged information might be disclosed. Generally, it is better not to speak with the media during the pendency of a lawsuit. If you must speak with the media, then we request that you contact us prior to any interview in order to review the issues that may be raised by the reporter. Please note that you should not provide the media with copies of any documents, including e-mails or letters from the defendants. Those documents may be evidentiary in nature and should not be disclosed to those not involved in the lawsuit.
12. Who are the attorneys handling this case?
The law firm of Gainey & McKenna are the lead attorneys handling this class action. You may have noticed that the Complaint is co-signed by the Law Office of Peter Lagorio. Peter Lagorio, Esq. is our local counsel in Massachusetts. His office will be filing documents and providing litigation support to our office. Any questions should be directed to Gainey & McKenna. We can be contacted by e-mail at info@gaineyandmckenna.com or by telephone at (201) 225-9001. You can also view our website about this case at www.babygenderinvestigation.com.
13. Should I file a case in small claims court or otherwise pursue an individual claim?
If a class member pursues an individual claim in Court, they can not be included in the class action case. If an individual claim is pursued, there may be legal hurdles. First, there are jurisdictional issues that may prevent you from filing a small claims case in your state because Acu-Gen is based in Massachusetts. Second, you will have to spend money to file the suit and conduct the applicable discovery. Third, based upon the defendants’ actions to date, it is certainly possible that it will be difficult to collect on a judgment in an individual claim. Even if you were successful in a small claims case, you would still have to enforce the judgment, which can be time consuming, complicated and might require an attorney. Finally, a small claims case may not have the same effect on the company’s alleged deceptive practices that a class action may have. The class action Complaint seeks a Court order directing defendants to stop making misrepresentations and directing defendants to honor its refund policy.
14. Should I post on Internet message boards?
It is important that class members understand that posting on message boards can have an adverse impact on this class action. For example, statements posted can be taken out of context and used against you. Great caution should be used when posting anything on a message board during the pendency of this class action.
15. What is the goal of this Class Action lawsuit?
The class action Complaint seeks monetary damages and injunctive relief. That means we are trying to recover some money for the class members and we are trying to stop the defendants from acting this way in the future.
16. What should I do with documents, e-mails or other correspondence from any of the defendants?
You should forward any documents, e-mails or other correspondence from any of the defendants to us. You can e-mail it to us at info@gaineyandmckenna.com or mail it to us at Gainey & McKenna, 140 Route 17 North, Paramus, New Jersey 07652. This information may help us prove the case and may be used as evidence. You should not disclose any documentation to the media.
17. Should I request a refund?
You may attempt to obtain a refund. Based upon the allegations in the Complaint, it does not appear that you will receive a proper refund. If you request a refund, please provide us with any documents that you send to defendants and any information or documents that the defendants send to you in response to your request.
18. What should I do if I need additional information?
If you have any questions that are not answered in this FAQ section, you should contact Gainey & McKenna via e-mail at info@gaineyandmckenna.com. If you are unable to send us an e-mail, you can contact us by telephone at (201) 225-9001. We hope that this Frequently Asked Questions section has been helpful to you.
