If many others had the same experience, it's a good class action. The point of a class action is that while your damages are small, the damages suffered by all buyers of this product could be big. If 5,000 people are each out $40, you've got a $200 million case.
That said, it's more likely your toaster over was the defective one, or just one of a few. Just ask the company if this is a common problem and if there's been any kind of recall. If so, consider bringing a class action. If not,...
What they told you is probably correct. Notices go out if a class is certified. If you're in the class then you have a limited time to ask to be excluded (opt out). If you don't, you're in the class for good. You may not have received the notice as it would have been sent to the "best available" address or even just published in a newspaper if it was impossible to say exactly who should get the notice.
You can, however, ask that the lawyers tell you how (or to what address) you were...
My best legal advice is this: Move. Seriously. Legal remedies will cost more than they're worth. And if you're scared of this guy, and he's unstable, antagonizing him with legal proceedings with make that worse not better. I am all for productive conflict. This isn't it.
Make sure your next place to live is single family or has thick walls. And take the upstairs!
This is primarily a real estate question. The basic answer is this: Do the easement rights of anyone burden your parcel, and if so do they prohibit you from installing speed bumps? That will depend on the language of the easement. Get a copy and read it. If the language of the easement grant says you can't do anything to interfere with others' use of their easement rights, then arguably you could be liable (though it seems to me they'd never sue you because they'd have a hard time saying...
You are not bound by terms you did not agree to. So, if you didn't get that page, you may not be bound by its terms. (Although, since you knew there were other terms, you may be bound by reasonable terms in addition to those you unquestionably did agree to.)
You should act promptly to address this. Get a lawyer.
Yes. It is absolutely appropriate to see if the lawyer will defend the case for free in consideration of a larger contingency fee on the cross-complaint. At some point, a contingency fee is not permitted if it makes the case too much the lawyer's and not enough yours. I believe more than 50% becomes difficult, which could be an issue here. But, under these unique circumstances, where you first were paying hourly on the defense, it's even possible it woudl be legal for him to charge you more...
Good instincts. The answer is probably yes, particularly if they know or discover their cement was used to improve your property. The mason needs to get a release from the cement company. You need all parties at the table to make a deal.
By the way, it is unlikely the cement is the problem. But if it is, then there probably will be others who had a problem and it should be easier to pursue the cement company for damages, or at least a release.
A class action is only for situations where the same exact wrong was committed against many people. Your case is probably unique to you. So, unless you have some reason to believe they've done the same thing to 100 others, forget about a class action.
That said, you have a legitimate problem: You didn't use their service, so you shouldn't have to pay for it. You can sue them in small claims court if you want. I would.
The release to your parents sounds actionable. It'll be hard to show you have any damage (an essential elemenet of any legal claim), but the Fair Debt Collection Practices statutes generally provide for "statutory damages," i.e., you often get a minimum of $1,000 or so. If they made these disclosures in writing, I and any good class action lawyer might well be interested in your case, since they probably did it to lots of other people too.
(The release to your wife probably isn't...
Your question is not complete. We obviously need a copy of whatever it was you did sign. But, what you say sounds like a possibly violation of laws that regulate for profit schools. You are welcome to contact me for some free advice.