Class action lawsuits can be a valuable and worthwhile way of recovering money when you have not received the benefit of the bargain for something that you purchased. However, while many people often think that they should be filing a lawsuit, they have no idea how to start a class action lawsuit. The truth is that class action lawsuits need to follow certain procedures before they can be finalized.
How to File a Class Action Lawsuit
A class action lawsuit actually starts with some sort of injury that you have suffered. This does not have to be a physical injury. You can also file a class action lawsuit if you have suffered some type of economic injury.
By way of example, let’s say that you have purchased a car that was manufactured with a defective transmission. You have not gotten the car that you have paid for, your driving experience is ruined and you cannot enjoy your car. Everyone who has purchased the vehicle model with this issue is also suffering in the same way.
As a result, you can start a class action lawsuit to force the company that made the car to pay you. Theoretically, there would be a number of monetary damages that you have sustained by not getting a working vehicle. You would then file a complaint with the court.
How to Initiate a Class Action Lawsuit
If you are wondering how to file a class action lawsuit against a company, it is not as simple as just deciding that your case should be a class action lawsuit. There is a procedure that you must follow in order to have your lawsuit certified as a class action.
The companies that would be defendants in your class action lawsuit do not want you to be able to file this type of lawsuit. In many cases, the harms that are suffered by members of the class would not be significant enough to merit their own individual lawsuit. Thus, the defendants have every incentive in the world to try to keep your lawsuit from becoming a class action.
Class Action Lawsuit Procedure
Of course, when you file your class action lawsuit, you will ask the court to consider it as one. This would allow a large number of plaintiffs to all file under the same case using the same attorneys. There are efficiencies to this approach that help small plaintiffs each get their day in court.
A class action lawsuit starts when one person files a complaint with the court. This complaint will state the legal grounds for the lawsuit. In the original complaint, the attorneys will include a request that the court certifies the plaintiffs as their own class.
Just because the plaintiffs claim that they are representative of a class does not mean that the judge will ultimately approve the request. What you are after as the plaintiff is called class certification. This is where the judge says that it is permitted for all of the plaintiffs to proceed together. In some cases, if the judge does not certify the class, it means the end of the lawsuit.
The defendant will invariably oppose the request for class certification. They know that if the judge denies certification that they may possibly be off the hook.
There are rules of civil procedure that give the requirements that a lawsuit must follow in order to be certified as a class. One of the requirements is that the class of plaintiffs must be so large that it would not be practical for each person to bring a lawsuit on their own. Some courts fix this number at 40 or more plaintiffs for each lawsuit, although other courts do not have their own numerical requirement.
One of the major issues that the court will look at is whether each of the plaintiffs in the case has suffered the same exact injury. In other words, the court will determine whether there are common issues of law and fact between all of the plaintiffs. The more complex the class action group, the more challenging it is to meet this requirement. However, it is always possible to make this showing to the court.
Another requirement if you are going to file a class action claim yourself is that the harm that you have suffered must be representative of the injury that the entire class has suffered. This is not a difficult requirement to meet if you are filing a consumer class action lawsuit.
Is a Class Action Lawsuit Worth It?
The answer to this question is a resounding yes . It is important to know more about how class actions work to understand why it is absolutely worth it to file one.
It is essential to be aware of how the lawyers who file the class action lawsuit are compensated. They are paid on a contingency basis. The attorneys who file the case receive nothing unless they are successful in helping the class obtain a settlement or win a jury verdict.
It is only then that the attorneys may approach the court with a motion requesting compensation for their work. The court then approves or modifies the request. The attorneys’ fees come off the top of the settlement amount.
In other words, it costs you absolutely nothing to file a class action lawsuit. You will not be required to pay out of pocket. It is the lawyers who take on the risk. Thus, it is unquestionably worthwhile to initiate a class action lawsuit against a company. You have no risk when you file, and the only cost to you is some of your time.
The best-case scenario is that you are able to get money that you otherwise would have never gotten. While it does require some effort on the part of the named plaintiff for which they are paid, class action settlements are almost like found money.
How Much Money Do You Get From a Class Action Lawsuit?
This all depends on the damages that are suffered by the class and the settlement or verdict that your attorneys are able to secure. It is hard to give a blanket answer for how much you get from an individual lawsuit when there are so many variables at play. The one thing that we can say for sure about what you can get, is that you have the potential to receive more from filing a lawsuit than if you do not file a class action at all.
Each class action has a class representative who is the named plaintiff in the lawsuit. There is more money in it for you if you are the lead plaintiff. Of course, there is some extra work that you would need to do if you are the class representative. At the end of the day, this is balanced out with the extra compensation.
In general, class action settlements can be as little as a few dollars. However, this is money that you would not have otherwise had. There are some occasions when you may be surprised by a class action check for hundreds of dollars that you were not expecting. These are opportunities to receive additional money that you simply should not miss.
At Checkissuing, we can help your business file class action claim distributions, settlement payouts and associated tax reporting. Contact us today to learn more.
The class action lawyers of Habush Habush & Rottier fight for what’s right. Contact us to connect with a qualified member of our legal team and discuss the details of your situation.
We’re available 24/7, and with no upfront fees, we don’t get paid unless you do.
Legal Services Class Action Lawsuits
How Can Habush Class Action Attorneys Help
If you have been involved in a situation that may warrant a class action lawsuit, you’ve come to the right place. An experienced class action attorney can help you organize your claim and provide you with a deeper understanding of your rights.
To discuss the details of your situation, contact us today:
Current Class Action Cases We Are Investigating
why choose HABUSH for your class Action Lawsuit
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Over the last 90 years our firm has recovered billions of dollars in compensation for our clients. More than all other Wisconsin firms combined.
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We will never rush to settle your case, and there are no upfront fees, so we don’t get paid unless you do.
How Do You Benefit from Participating In a Class Action Lawsuit?
- Smaller Injuries: If a group of people suffer (relatively) minor injuries or financial harm, it might be too expensive to pursue an individual lawsuit. However, when combined with other individuals who suffered similar injuries or harm, the value of the claims adds up and allows for effective prosecution.
- Impractical Litigation: Because a class action lawsuit brings together multiple claims at once, the process is much more efficient. The costs of bringing the case are shared amongst the many class members instead of just one claimant.
- Cost-Savings: Because the litigation is combined, the cost of litigation is greatly reduced in a class action. The same experts, witnesses, and documents can be used once, rather than hundreds or even thousands of times.
What Does It Mean to Opt-Out of a Class Action Lawsuit?
To opt-out means to choose not to participate in the lawsuit. When someone opts out they do not receive any share of the settlement if class representatives win or the defendant decides to settle.
A person who decides to opt-out can file an individual lawsuit at a future date.
TYPICAL CLASS ACTION CLAIMS
How Do You Start a Class Action Lawsuit?
If you believe you’ve been involved in a situation that warrants a class action lawsuit, the first thing you should do is document any injuries or financial harm as a result of it. For example, if a product has injured you or a family member, be sure to get photos of the products as well as medical records documenting the injury.
If you believe you belong to a class that is involved in a lawsuit but have not been notified, you can find the information you need to be a class member in the local newspaper or online. Typically, information is available regarding the law firm/attorneys involved. You can use this information to contact the firm and express interest in being involved.
Lastly, you need an experienced class action attorney by your side who can help you organize your claim.
HOW CAN HABUSH HELP?
If you have been involved in a situation that may warrant a class action lawsuit, we can help. Contact our class action lawyers Jason Knutson or Breanne Snapp today at 608-255-6663 to gain a deeper understanding of your rights and learn about how we can fight for you.
Class Action FAQs
Are class action lawsuits public information?
No. If you are a claimant in a class action lawsuit your name will remain private. Typically, the only person publicly named in a class action lawsuit is the representative plaintiff or class representative. Simply submitting a claim does not make you the plaintiff.
Are class action lawsuits worth it?
Class action lawsuits can absolutely be worth it for the individual who is part of a large class and has a relatively small claim. If you file a lawsuit individually the cost can outweigh the benefit since the process of suing for damages can cost a great deal of time and money.
If you are part of a class you will certainly be represented by a class action attorney who is experienced and highly skilled. You will likely have representation that would be normally unaffordable.
Keep in mind, if you feel that you have a more substantial claim than the rest of the class it may be wise to opt-out of a class action lawsuit. If you are part of a class action suit you can not sue individually at a later date. This is why it is wise to consult with an experienced class action attorney before making a decision.
Although the individual claim may seem small, the cumulative damage to a large group of people might make it worth it.
How are class action settlements distributed?
The court must approve how payment is distributed. Payment distribution is always outlined in the settlement agreement. The judge can order modifications to a settlement agreement if it is unfair, unreasonable, or inadequate.
If the defendant loses or decides to pay a settlement to end the litigation, the money is put into a settlement fund, the attorneys are paid for their services, and the rest of the settlement disbursed to the claimants. If you are part of the class you are eligible to receive payment.
Depending on the type of class action, the settlement can be distributed in different ways. Generally, a Settlement Claims Administrator is appointed by the court. A Settlement Administrator is a neutral third-party who is in charge of identifying class members and disbursing payment.
The Settlement Administrator will make efforts to notify eligible people through publication, mail, email, or over the phone.
Depending on the nature of the lawsuit payment is in different forms.
What happens if you lose a class action lawsuit?
If you are a member of the class in a class action suit and you lose, you do not receive any compensation. Additionally, you forfeit your right to sue individually in the future.
With that in mind, if you feel that you suffered more damages than other people involved in the class action, it might be worth it to opt-out and file an individual claim.
What qualifies for a class action lawsuit?
A class must be certified by the court in order to proceed with a class action.
Federal Rule of Civil Procedure, Rule 23 provides that an action requires four conditions to qualify for class treatment: (1) the class must be so numerous that joinder of all members is impracticable, (2) there must be questions or law or fact common to the class, (3) the claims of the representative parties must be typical of the claims of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
If you’re angry enough about the current state of your Sprint service – or lack thereof – then you might be interested in what one group of disgruntled Sprint customers is try to do right now. According to the website linked below, sent to us by Pocketables reader Jorge Torres, a class action lawsuit against Sprint is in the works, in response to failed promises of 4G from Sprint, along with potentially deceptive marketing practices.
According to the site, the class action suit is:
…on behalf of all individuals or entities who have failed to receive 4G service even tough [sic] they have paid for it through “hidden fees” or so called “enhanced data fees”. Other items such as Failure to provide adequate and dependable service, posing a danger to community safety, fraud, deceptive marketing practices and other charges will be brought against Sprint.
The group filed notice of intent to sue with Sprint on January 10, 2013, and apparently are still waiting for Sprint’s response. The website is also set up to accept to accept Sprint complaints and add new members to the suit.
From what I can tell, it does not look like any lawsuit has actually been filed yet, and it’s unclear what has happened to the people behind the lawsuit between January and now. Luckily, in case anything does come of this, it doesn’t look like it’s too late to throw your name in the ring.
What do you think about this? Are you happy to see Sprint customers banding together like this, or are they going a little overboard? Sound off below!
Dell XPS laptop owners worldwide are stuck with seemingly defective batteries with no resolution. These defective batteries are swelling up, lifting up trackpads, possibly affecting other hardware components, and are a potential safety hazard. Dell refuses to take any responsibility for including faulty hardware components and will not offer any type of resolution. It is completely unacceptable for Dell to turn their heads away from fixing these massive hardware issues affecting premium laptops that cost $1,500-$3,000.
Dell needs to assume responsibility for replacing the defective batteries at no cost to the consumer. This multinational corporation should NOT be leaving consumers in the dust.
I am a Dell XPS 9550 owner who, along with MANY others, received a battery that is inherently defective. I have never had issues with swelling/bulging batteries from any other company. In 2017, Dell sent the following email to some Dell XPS 9550 customers addressing the battery issue:
Dear Valued Dell Customer:
This E-mail is part of our commitment to proactively notify customers of important product quality information. Dell has recently noticed that certain customers who purchased the Dell XPS 9550 and/or Precision 5510 system(s) may experience a battery swelling or bulging.
According to our records, your Dell System(s) may be impacted by this issue. As part of a proactive effort, Dell would like to offer to replace the battery for each affected service tag identified below.
Service Tag(s): XXXXXXXX
If you would like to proceed with this solution, please go to www.dellproduct.com enter in the affected service tag(s) listed above, and follow the prompts.
Please read all instructions on www.dellproduct.com If you have difficulties filling out the site, then please forward this e-mail to [email protected] Our colleagues will get in touch with to arrange the next steps.
If you decide to take no action at this time, we continue to stand behind the warranty or service contracts applicable to your product. Impacted batteries can be replaced through the standard support process during the applicable support or warranty period. Please reference XXXXXXX
If you need assistance or have any other questions please contact Dell Tech Support. Dell provides several online and telephone-based support and services options. Availability varies by country and product, and some services may not be available in your area. To contact Dell for sales, technical support, or customer service issues please visit www.dell.com/support and select the contact method that best suits your needs. Please reference XXXXXXX if in regard to this notice.
As a valued Dell customer, we are committed to enhance your experience with Dell. Your satisfaction is our ultimate goal.
These battery issues are widespread and have a negative impact on many Dell customers. Dell is only concerned with generating more revenue by charging diagnostics and repair fees for these batteries. Dell has no regard for the risk they are causing due to these batteries being a safety hazard.
Some customers were able to receive replacement batteries while others did not receive the email even though they were affected. I did not receive this particular email, but heard from someone and was able to find out that my service tag was affected. Dell replaced my laptop battery in late 2017. I am just finding out now that the replacement battery shares the same issues as the previous batteries. After explaining the issue to Dell, they say that there is no issue with the battery and suggest that it's a natural result of using a consumable item. This is NOT true. The batteries have issues and hundreds, if not thousands of us are facing the same issue.
Apply for these open class action lawsuits and claim your settlement money. These are available to you and some require no proof of purchase.
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Below is a full list of open-top class action lawsuits in which you may be eligible to submit a claim. Browse through the list and see if you purchased the product or service and if you’re eligible to submit a claim.
If you are eligible, submit your claim (some don’t even require proof of purchase)!
You are eligible for a cash payment (make $100 fast, make $200 fast, make $300 fast, etc) as a compensation whenever a company decided to settle a class action lawsuit.
However, you must file a claim form in order to get your compensation payment.
If you want to skip the hassle of filing claims and would rather earn money faster ways, here are some ideas for you to earn extra cash this month:
Top Open Class Action Lawsuits 2021
Open class action lawsuits are a great way to make money fast online without even leaving your home since claims can be done online. Check out the list below. Be sure to check back for top class action lawsuits you may be eligible for. We keep this page updated daily.
Step One: Find Products You Purchased
Take a look at our list to find open settlements for products you may have purchased. Find out what the estimated payout will be and if proof of purchase is needed. Figure out if it’s worth your time to follow through. Most no receipts needed can be a few minutes of your time.
Step Two: Fill Out the Claim Form
Click through to the settlement claim form and fill out online. Simply provide the necessary info such as your name and address, products information you purchased, and then submit your claim.
Step Three: Get your Check in the Mail
They will mail your check once to the address you’re provided once your claim has been approved. Most claims checks are mailed 1-2 months after the claims period closes.
For You: What are some open class action lawsuits that you’ve claimed in the past? Ever made over $100?
Ohio business owners who are fed up with Gov. Mike DeWine’s ever-lasting shutdown regulations are joining their lawsuits together into a class action against the state.
Three lawyers are working together to help combine existing lawsuits and are looking for other owners whose livelihoods are being threatened by what they say are unconstitutional orders. The suit against the DeWine administration and other government agencies was filed in the Ohio Court of Common Pleas in Lake County.
One of the attorneys, Thomas Renz, told The Ohio Star the list of participating plaintiffs is growing and is between 10 to 20. It includes gyms and dance studios.
Their efforts are being organized on a website available here titled “Liberty Class Action Ohio.”
The lawsuit has been filed, and they are awaiting a response from the state, Renz said. This is meant to uphold Ohio law, he said.
“This is open to any business that wants to participate,” Renz said. “If someone has been injured through this and wants to seek justice, we are happy to assist them if we can.”
The Liberty Class Action Ohio website says, “This matters because the first lawsuit will be representing the Ohio business owners, shortly after, the second lawsuit for the people of Ohio including ADA discrimination (Americans with Disabilities Act).”
Renz, of Renz Law LLC in Fremont, said he joined the effort recently. The movement was started by attorneys Robert J. Gargasz and Gerald W. Phillips.
The effort gained attention in June over a quote in the suit that used the word “sledge hammer.”
WKBN quoted the lawsuit, which said:
“Acton and DeWine has used a “sledge hammer” to kill the Ohio economy through the their unconstitutional actions, destroying the Ohio economy, and destroying the constitutional rights of all Ohioans, individuals and businesses, outside of Nursing Homes and Jails, when Acton and DeWine should have used a “scalpel and a knife” to delicately slice and dice the COVID 19.”
The lawsuit says the facilities are owed monetary compensation because of what it claims are unconstitutional orders against mass gatherings, deeming which services are essential, the Stay at Home order, and the state’s guidelines for dance facilities to operate due to the coronavirus pandemic.
The Star reported on a separate lawsuit filed by gyms in May. In that case, the 1851 Center for Constitutional Law, working on behalf of 35 independent gyms, struck a significant win for their right to exist. They persuaded the Ohio Court of Common Pleas in Lake County to rule against Gov. Mike DeWine and Dr. Amy Acton’s “oppressive” shutdown of their businesses.
Jason M. Reynolds has more than 20 years’ experience as a journalist at outlets of all sizes.
If you are responsible for organizing a class reunion, you have the option to set up the reunion as a nonprofit organization. Organizing as a nonprofit will allow the organizers to open a bank account and avoid personal liability. Further, local businesses may be more likely to donate goods or services to your reunion if it set up as a nonprofit. However, you should be aware of a number of restrictions and filing requirements for nonprofits before organizing as a nonprofit organization.
Research Nonprofit Requirements
Before you begin the process to organize your reunion as a nonprofit, you should complete some research to ensure that it is appropriate. Each state has different restrictions on nonprofit organizations, and you should contact the secretary of state where the reunion will take place to find out the rules and regulations for nonprofits. In many states, nonprofit organizations are required to have a board of directors. Most states will prohibit income from being distributed to any individual apart from reasonable compensation for services performed. If you eventually dissolve the organization, generally you are required to distribute the assets to another nonprofit or to a government agency.
Incorporate with the State
If you determine that a nonprofit is an appropriate structure for your class reunion, you must incorporate the organization with the state. The filing requirements and filing fees will vary by state. In most states, nonprofits must file articles of incorporation with the secretary of state. In the articles, you will list the organization’s name, address, names and addresses of the organizers, and the purpose of the organization. If you plan to pursue 501(c)(3) status with the Internal Revenue Service, you must also include provisions that you will not participate in political activity, no board member or officer will receive income apart from reasonable compensation, and that the assets will be distributed to another nonprofit or government agency upon dissolution.
If your organization will plan more than one class reunion, you may benefit by becoming an exempt 501(c)(3) organization. However, the application process and filing fee is likely too burdensome for a single class reunion. Organizations that have 501(c)(3) status avoid federal business income tax, and donations to the organization are tax deductible for the donor. Your organization must have a charitable purpose to be recognized as exempt. For example, the income from the reunion could go to pay for scholarships for kids who graduated from your high school. To pursue 501(c)(3) status, the organization must first apply for an employer identification number from the IRS. Then the organization will fill out Form 1023, which requests detailed information on the nonprofit’s finances, activities, board of directors, and fundraising efforts.
Record Keeping and Reporting
Every nonprofit organizations, 501(c)(3) or not, must keep detailed records on its finances and minutes from all board meetings. In most states, nonprofits must file an annual report with the state with updated information on board members. If the organization is recognized as a 501(c)(3) organization, you must file an annual exempt organization return, with detailed information on the organization’s finances.
A court may allow multiple plaintiffs to organize into a class, and bring a lawsuit against a single defendant. This type of case is known as a class action lawsuit, and it is a powerful strategy that attorneys may use to claim relief for hundreds or even thousands of injured parties in one lawsuit.
Illinois Class Action Attorneys
A class action lawsuit is brought by a handful of plaintiffs seeking to represent a broader class of persons who all suffered the same or similar injury because of the same conduct by the defendant. A class action is a powerful tool to fight an injustice caused by a large corporation. That is particularly true when the individual cases are simply too small to litigate in separate cases. A class action harnesses the power of the collective value of all potential damages sustained by all class members into one lawsuit. The Chicago law firm of Roth Fioretti has ample experience handling class action suits, and our attorneys are prepared to assist with your case.
How to File a Class Action Suit
During a trial, class action lawsuits proceed just like other civil cases. Plaintiffs make claims and present evidence while defendants dispute those elements. A judge or jury may render a verdict, and a successful suit provides compensation for harm. The only difference is plaintiffs may organize into a single class and pool their resources.
File Independent Claims
Forming a class is not an automatic process. Initially, plaintiffs file independent claims. During the hearings before trial, attorneys motion to establish the class with the court. This process can be a challenge in and of itself. Attorneys for the plaintiffs must successfully argue the merits of forming the class.
Form a Class
A class must meet the following criteria:
- There are too many claimants to make individual trials practical
- All plaintiffs suffered a similar injury from the same defendant
- The members of the class have legal or factual circumstances in common
- The claims and the defense are substantially similar
- A handful of plaintiffs are willing and able to represent all other members of the class
If the court agrees, a class is certified and defined by the criteria set by the court. One or more plaintiffs represent the entire class at trial. Other potential members receive written notification of the legal action and may join the suit and participate in the recovery.
Common Types of Class Action Lawsuits in Illinois
Some of the more common class action cases include:
- Consumer Fraud – Customers lost money due to negligence or fraudulent statements of a business. These cases might involve injuries caused by product defects or false advertising.
- Securities Fraud – A broker or banker misrepresented a financial product and damaged multiple investors in the same way.
- Pharmaceutical Cases – Undisclosed side effects of medication caused health problems, or improper production of a drug caused a treatment to become ineffective.
- Employment Claims – If an employer fails to pay employees according to the mandates of the law, the employee may file a claim under the Fair Labor Standards Act which may result in a class action.
- Anti-Trust Violation – A dominant business abused its market power to unfairly distort prices and damage other buyers and sellers in the same market.
- Environmental Claims – A company accidentally or deliberately caused some environmental damage resulting in injuries or damage in a defined area.
Hire the Right Chicago Class Action Lawyers
Our firm is actively litigating consumer class action lawsuits against companies and municipalities. Some of the class action lawsuits presently on file include actions against the City of Chicago related to speed cameras, and against municipalities related to red light cameras.
The law firm of Roth Fioretti has years of experience handling class action suits. Call us today for a free consultation!
When a large number of people have suffered an injury, had their rights violated, or experienced other damages as a result of the actions of an individual, corporation, or government entity, it is often more advantageous to file one lawsuit for all the victims rather than numerous individual lawsuits.
These cases, called class action lawsuits, join a group of plaintiffs with common interests in order to consolidate the litigation against the party that is responsible for the damages to the group.
Class action lawsuits provide important benefits to the class of plaintiffs. By combining their claims under one lawsuit, the class of plaintiffs are often able to recover compensation when the value of damages to each plaintiff would not justify the filing of multiple individual lawsuits.
Types of Class Action Cases
Class action lawsuits can be filed to address damages caused by a wide range of situations, including:
Depending on the circumstances of the case, class action lawsuits can either be filed in state or federal court.
Criteria for Receiving Class Action Status
In order for a lawsuit to be granted class action status enabling multiple plaintiffs to join, the claim must be certified by a court with proper jurisdiction. There are four requirements which must be met in order to obtain this certification:
- The potential class of plaintiffs is large enough to make processing individual claims for each class member unworkable
- Questions of law or fact must exist that are common to all class members
- The claims or defenses put forth by the representatives of the class must reflect the claims or defenses of the majority of class members being represented
- The representative filing the lawsuit must fairly and adequately represent the interests of the entire class
Fighting for You
The attorneys at Harvey L. Walner & Associates have more than 35 years of experience handling a wide range of class action cases in state and federal courts across the country. Our firm’s size, background, and vast resources provide us with the necessary tools to pursue class action lawsuits to completion.
These cases are enormous undertakings which require the ability to organize attorneys, support staff, and experts to achieve a successful outcome. Our Chicago class action lawyers are highly qualified to take on these complex cases, and we have developed a strong track record of success including nearly $2 billion recovered on behalf of our class action clients.
Please contact Harvey L. Walner & Associates today to schedule your free class action consultation. We serve class action clients nationwide from our offices in Chicago, Illinois.