Hello, My name is Dawn Michelle LaPolla. I am the author of ReformCPSIA.org. Rachele Dressler-Sweetser is the brave woman who is spearheading the Class Action Lawsuit.
I would be happy to answer any and all questions but let me see if I can post them for you here.
First off, for up-to-date information regarding the CPSIA and the Class Action Lawsuit I urge you to subscribe to ReformCPSIA.org.
Now to address all your concerns:
1. Will it cost to pursue the lawsuit?
Yes
2. What will it cost?
Rachele and I have only just started garnering support for the lawsuit. As of today, only 24 hours from when we posted the online form we have 50 potential plantiffs and over 100 inquiries for more information. I honestly believe that by weeks end we will have over 100 potential plantiffs. If it stays at 50 the current cost would be around $200 per person to retain representation. Not bad considering it is much more expensive to get the required testing done, and it could save hundreds of businesses from going out of business.
ReformCPSIA.org has a form you may fill out to request additional information or to let us know you are interested in joining as a plantiff in this action. There is no obligation to you by filling out this form. This form just helps us identify who out there wants to participate.
So, we are talking hundreds not necessarily thousands of dollars per person to join. I honestly believe that we will have quite a lot of support
3. What would we get in the lawsuit?
I don't believe there is any monetary pursuit other than having the attorney fees paid for by the defendent. I am not completely sure on this and more details will be available from the attorney once he is retained. Currently, the first step of action would be to file an "Ex-Parte" notice with the Federal Court requesting a "temporary restraining" order to stop the enforcement of the Act on 2/10, pending a hearing or trial-this would allow time for businesses to present the reasons why this law cannot be implemented the way that it is currently written. The hope is that a judge would agree that more time is needed, and the Act needs to be amended appropriately.
It is our hope from there that we wouldn't need to go further legally, that the CPSC would see we are serious, and make exemptions and provisions to the law. If they didn't, and we would need to proceed, we have other avenues of defense as small business owners and entrepreneurs (Google the Regulatory Flexibility Act-read all of it if you can, but especially sections 601, 605 and 609).
If you have any additional comments, questions or concerns please feel free to email me directly at dlapolla@gmail.com
Help us keep children's products safe, and American businesses in business!!
Sincerely,
Dawn Michelle LaPolla
