I would personally categorize it as as subsidized not paid for since the lawyers get nothing if they fail which is a meaningful cost.
None of this is to say I support the current system. Class action lawsuits are now designed to get settlements that save the company targeted millions or more compared to the actual damage agreed to.
And giving the lawyers millions when each litigant is lucky to get $20 is not reasonable.
- “paid for by tax payers who fund the court systems”. The alternative would mean taking away the right of private citizens to sue.
The alternative would not be to take away the right of private citizens to sue. There is, surprisingly enough, quite a chasm between identifying that some parties are taking advantage of a system and completely shutting that system down.
I don't see it:
Class-action suits require the law firm owners (partners) to pay teams of attorneys, as well as experts, and others for years. I saw one firm rent an office and hire dozens of attorneys just to review the tens of millions of pages of documents, looking for evidence. The firm earns nothing unless and until a positive resolution. Some firms require financing to cover the cost.
Who is going to put all that on the line - not to mention their career and reputation - for a dubious case?
When the resolution comes - usually a settlement - they might not profit or not much for their years of investment and effort. If they pursue a 'dubious' case, they could lose everything - courts can even sanction them.
Targets of class action suits don't like them, of course, and try to denigrate the attorneys. What else will deter and get justice for some of the brazen fraud? The SEC? FTC? They don't have the resources or, depending on the administration, the mandate to enforce things across the entire country. Will you sue a corporation for even $10K? Try it.