DMCAR Mid-Year Review – 2026/2027: FLSA Conditional Certification Rate Drops, And So Far In 2026 Courts Are Granting Less Class Certification Motions Overall Compared To 2025

Duane Morris Takeaway: In the first half of 2026, across all major types of class actions, courts issued rulings on more than 155 motions to grant or deny class certification, and plaintiffs succeeded in obtaining or maintaining certification in 97 rulings, with an overall success rate of 63%. In contrast, comparing apples to apples, in the first half of 2025, courts issued rulings on more than 211 motions to grant or deny class certification, and plaintiffs succeeded in obtaining or maintaining certification in 145 rulings, with an overall success rate of 69%.

Percentages for year over year rulings for 2022 to 2025 are below. Across all major areas of class action litigation in 2025, courts issued rulings on 435 motions for class certification. Courts granted 297 motions for class certification in whole or in part, a rate of approximately 68%. In 2024, courts issued rulings on 432 motions to grant or to deny class certification. Of these, plaintiffs succeeded in obtaining or maintaining certification in 272 rulings, for an overall success rate of 63%. In 2023, by comparison, courts issued rulings on 451 motions to grant or to deny class certification, and plaintiffs succeeded in obtaining or maintaining certification in 324 rulings, an overall success rate of nearly 72%. In 2022, courts issued rulings on 335 motions to grant or to deny class certification, and plaintiffs succeeded in obtaining or maintaining certification in 247 rulings, an overall success rate of nearly 74%.

2022 – 74%

2023 – 72%

2024 – 63%

2025 – 68%

2026 – 63% (Mid-Year)

In 2026, the number of motions that courts considered varied significantly by subject matter area, and the number of rulings varied across substantive area:

The following list summarizes the results in each of ten key areas of class action litigation.

FCRA – 100% granted / 0% denied (2 of 2 granted / 0 of 2 denied)

TCPA – 100% granted / 0% denied (2 of 2 granted / 0 of 2 denied)

RICO – 100% granted / 0% denied (1 of 1 granted / 0 of 1 denied)

WARN Act – 100% granted / 0% denied (1 of 1 granted / 0 of 1 denied)A

Security Fraud – 80% granted / 20% denied (8 of 10 granted / 2 of 10 denied)

Antitrust – 71% granted / 29% denied (5 of 7 granted / 2 of 7 denied)

Consumer Fraud – 71% granted / 29% denied (10 of 14 granted / 4 of 14 denied)

Civil Rights – 65% granted / 35% denied (13 of 20 granted / 7 of 20 denied)

ERISA – 64% granted / 36% denied (9 of 14 granted / 5 of 14 denied)

FLSA / Wage & Hour (Conditional Certification) – 58% granted / 42% denied (39 of 67 granted / 28 of 67 denied)

Discrimination – 50% granted / 50% denied (2 of 4 granted / 2 of 4 denied)

FLSA / Wage & Hour (Decertification) – 50% granted / 50% denied (1 of 2 granted / 1 of 2 denied)

Privacy – 44% granted / 56% denied (4 of 9 granted / 5 of 9 denied)

Products Liability / Mass Torts – 0% granted / 100% denied (0 of 1 granted / 1 of 1 denied)

Data Breach – 0% granted / 0% denied (no class certification rulings in 2026)

The plaintiffs’ class action bar obtained 100% success rates in four areas, FCRA, TCPA, RICO, and WARN. There have only been two FCRA and TCPA certification rulings in 2026, and one each for RICO and WARN, which were all granted by the court for a 100% success rate. In cases alleging securities fraud violations, plaintiffs succeeded in obtaining orders certifying classes in 8 of 10 rulings, for a success rate of 80%. In cases alleging antitrust violations, plaintiffs managed to obtain class certification rulings in 5 of 7 rulings issued during the first half of 2026, a success rate of 71%. And in wage & hour litigation, plaintiffs were not nearly as successful as in previous years. They succeeded in obtaining orders certifying classes and/or collective actions in 39 of 67 rulings issued during 2026, a success rate of only 58%.

Courts Issued More Rulings In FLSA Collective Actions and Wage & Hour Class Actions Than In Any Other Areas Of Law

For the first half of calendar year 2026, courts issued more certification rulings in FLSA collective actions and wage & hour class actions than in other types of cases. Plaintiffs historically have been able to obtain conditional certification of FLSA collective actions at a high rate, which surely has contributed to the number of filings in this area. Of the 67 rulings addressing first-stage motions for conditional certification, the court granted 39, for a success rate of a much lower than typical 58%

In contrast, from January 1 to July 1, 2025, issued 74 rulings. Of these, 71 addressed first-stage motions for conditional certification of collective actions under 29 U.S.C. § 216(b), and 3 addressed second-stage motions for decertification of collective actions. Of the 71 rulings that courts issued on motions for conditional certification, 58 rulings favored plaintiffs, for a success rate of 82%.

At the decertification stage, courts generally have conducted a closer examination of the evidence and, as a result, defendants historically have enjoyed an equal if not higher rate of success on these second-stage motions as compared to plaintiffs. The results so far in 2026 have not supported that typical success. There have only been 2 rulings thus far that courts issued on motions for decertification of collective actions, and only 1 ruling favored defendants, for a success rate of 50%.

An analysis of the rulings demonstrates that a disproportionate number emanated from traditionally pro-plaintiff jurisdictions, including the judicial districts within the Second Circuit (16 decisions) and Ninth Circuit (14 decisions), which include New York and California, respectively.

Takeaways From Certification Statistics Midway Through 2026

Notable thus far at the halfway point of the year, there have been a very small number of rulings emanating from the Fifth and Sixth Circuits (2 and 1 decisions, respectfully), which was true in 2025 as well. There have overall been less rulings issued by the courts, and at a lower success rate than previous years.

We will continue to track class certification trends in 2026 and will report on final numbers in the Duane Morris Class Action Review – 2027, which will be published in the first week of January. Stay tuned!

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.