NACA Ethics

NACA takes ethics and its ethical guidelines very seriously, as we know do our members.

All members are expected to abide by our Membership Criteria, Membership Pledge, and Code of Conduct.

We understand that from time to time, questions may arise about these and whether or not certain practices pose violations. To help provide members with guidance as to what kind of practices are or are not appropriate under the guidelines, NACA maintains an Ethics Committee staffed by members which will review inquiries and cases as they arise. To submit an inquiry or to see examples of previous inquiries, you can ask here:

Please be sure to review past inquiries prior to submitting a new one to ensure that no guidance on the topic has already been offered.


Ethics Practice Resources


NACA offers webinars and practice resources for information on good ethical practices in your own firm and in the industry as a whole, ranging from advertising strategies to recognizing biases impacting practices.


Practice Resources

Class Action Guidelines

NACA maintains the comprehensive “Standards and Guidelines for Litigating and Settling Consumer Class Actions” 299 F.R.D. 160, first published in 1998, fully updated in 2006, revised in 2014, and updated again in 2023. These standards exist to ensure that the occasional and limited misuse of the class action device does not lead to restrictions on the ability of this procedure to challenge abusive business practices.

The paper addresses the propriety of class actions when individual recoveries are small, the questionability of coupon settlements, settlements when other class actions are on file, additional compensation to named plaintiffs, the scope of class member releases, cy pres awards, attorneys fees, and improved notice of settlement.

Webinars


Ethics in Consumer Cases: How Not to Look Sleazy
What You Will Learn
  • Whether you can tape phone calls with the bad guy
  • Whether you can contact the bad guy’s employee
  • Whether you can agree never to sue that bad guy again, in order to get a good settlement for my current client
  • Whether you can represent several plaintiffs at once against the same bad guy


Ethics: Unconscious Bias Against Women in the Law
What You Will Learn
  • How to recognize bias against women
  • How to combat bias against women
  • How to be an ally for women who are facing gender bias


Ethics of Advertising
What You Will Learn
  • How to ethically generate client leads and market your services


Let's Get Ethical
What You Will Learn
  • Common ethics issues arising in handling consumer matters
  • Guidelines for communicating with potential clients
  • Ethics opinions which can impact consumer litigation on individual and class bases


The Ethics Committee

About the Committee

The Ethics Committee is a body established by NACA's bylaws (Section 7.04) and staffed by NACA members who are responsible for a number of duties. These include reviewing questions and ethical concerns raised by members or applicants for membership, reviewing applications which may not qualify for membership, and making recommendations for action based upon the conclusions of their review.


Haven't Found What You're Looking For?

Not seeing the kind of resource you need? Have questions about the resources available? Contact [email protected] for more information.