Labor and employment and consumer fraud matters remain the two most common types of class actions. Together, they have driven the bulk of class action spending over the last five years. The 2023 Carlton Fields Class Action Survey reports that labor and employment leads both in number of class actions (33.6%) and in share of overall class action budgets (34.8%), by a wide margin. This is well up from last year’s reporting, when labor and employment was 23.5% of the average class action budget. Labor and employment spending now exceeds the percentage of matters, which was typically seen for higher-risk subjects such as antitrust and securities. Consumer fraud is significant as the second largest area of class action spending. Combined, labor and employment and consumer fraud account for 55.8% of class action spending.
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