A class action lets one plaintiff sue for a larger group with shared claims and costs $405 to file in federal district court. A represented named plaintiff usually pays no upfront attorney fee because class counsel works on contingency. According to the U.S.
District Court for the Eastern District of Missouri, the $405 total comprises a $350 statutory fee plus a $55 administrative fee with no separate class-action surcharge, as shown in its current fee schedule. That structure shifts most upfront cost to the law firm. Counsel typically advances court costs and receives payment only if the class wins or settles, according to the United Policyholders consumer guide. The court then reviews any fee for reasonableness to protect absent members.
Official resources:
- Read the official notice from Govinfo — Use this primary source to verify the official announcement.
- Read the official notice from Uscourts — Use this primary source to verify the official announcement.
Table of Contents
- Who writes the check at filing?
- How do class lawyers get paid from the case?
- What if you cannot afford the $405 fee?
- What do other class members pay?
Who writes the check at filing?
When a lawyer takes the case, the firm usually advances the filing fee and other court costs. The named plaintiff does not pay hourly fees during the lawsuit. Repayment comes from a win or settlement, not from the plaintiff's pocket upfront.
When a person files without a lawyer, that person pays the $405 with the complaint unless the court grants permission to proceed without prepayment. The District of Rhode Island guidance explains that qualifying low-income plaintiffs may also receive free marshals service for the complaint. Other litigation costs can still apply.
How do class lawyers get paid from the case?
Class counsel works on contingency and advances expenses for experts, depositions, document review, and e-discovery vendors. Federal Rule 23(h), described by Cornell Law School Legal Information Institute, requires the court to award only reasonable attorney fees and nontaxable costs authorized by law or agreement after motion and review. For common-fund settlements, federal courts often use about 25% as the benchmark fee. According to the U.S. District Court for the Western District of Pennsylvania in Frederick v.
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Range Resources, citing a Federal Judicial Center study, observed awards typically ranged from about 19% to 45% depending on risk and results, as discussed in its 2011 opinion on common-fund fees. Advanced expenses are reimbursed from the recovery and can reach millions of dollars. One antitrust order from the U.S. District Court for the Eastern District of Louisiana showed about $3.76 million in counsel-incurred expenses, including about $1.49 million in expert fees. That risk explains why firms screen class cases closely before advancing costs.
What if you cannot afford the $405 fee?
A low-income federal plaintiff may seek leave to proceed in forma pauperis under 28 U.S.C. Section 1915. According to the U.S.
District Court for the District of Rhode Island, an approved plaintiff proceeds without prepaying the fee and may receive free marshals service of the complaint, as explained in its IFP guidance. IFP status does not eliminate every expense. The same Rhode Island guidance states that it does not cover all litigation costs, so a self-filed plaintiff can still face out-of-pocket charges such as: Ask the clerk what each step costs before you file alone.
- copies and transcripts
- service other than the complaint
- discovery-related costs
What do other class members pay?
Absent class members usually pay nothing out of pocket. They do not hire counsel separately and do not advance expenses. Their share of any approved fees and costs comes from the common recovery.
The named plaintiff may seek a court-approved incentive or service award for time spent representing the class. According to the U.S. District Court for the District of New Mexico, one such award was $25,000, as shown in its fee and incentive order. Before signing, ask counsel who advances expert and e-discovery costs and whether repayment comes only from a win or settlement.
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