What to Do if You Have Received a Class Action Notice

A class action is a lawsuit pitting multiple plaintiffs against one or more defendants in the same injury case. For example, a defective product that harms multiple households can result in a class action if the households decide to unite and sue the product manufacturer. You may receive a notification about the class action if you are one of the injury victims.

Below is what you should do if you receive such a notice.

Read and Understand the Statement

First, read the notice to understand its implications for you. In many cases, the notification email will not contain the full statement that contains every detail of the case. You have the right to the full statement if you want to understand the class action further. In such a case, use the contacts in the email to request further information.

One critical thing you should understand from the outset is whether you are an eligible class member. The email will describe the alleged injury and a description of the class members. Confirm that the notice has not come to you erroneously and you are indeed the class action's member.

Understand Your Options

Secondly, understand your options and their effects. Below are some options available to you, depending on the lawsuit's stage by the time you read the notice.

Become a Class Member

One option is to accept the notice. Accepting the notice means that you have accepted to be a class member and will abide by any resolution the class representatives (plus the legal representatives) may reach. This option makes sense if you have suffered the same injuries as other class members and believe in their cause.

In most cases, you accept the notice simply by doing nothing. The lawyers representing you will assume that you agree to the lawsuit if they don't receive a response from you. You lose the right to further claims relating to the injury once you become a class member.

You might also read the notice after the lawyers have already settled the case. In such a case, the notice will explain how to receive or decline your share of the settlement. However, you won't be able to file a solo claim even if you decline your share of the settlement.

Opt-Out Of the Class Action

Another option is to opt-out of the lawsuit. You have to respond to the notice if that is your decision. Most notices come with a box or form that you fill to indicate that you have opted out of the class action. You may opt-out of the class action if:

• You feel that you do not qualify as a member of the class action
• You do not agree with the intentions or aims of the class action
• You want to file a private lawsuit on the same issue the class is addressing

Ensure you send your opt-out reply before the indicated deadline; otherwise, your opt-out will be invalid.

Become a Named Plaintiff

The last option is to participate in the class action, but as a named plaintiff and not an ordinary class member.

Participating as a named plaintiff allows you to:

• Hire a different lawyer to represent you instead of relying on the designated class lawyers.
• Pursue greater compensation than other class members may receive.
• Actively participate in the lawsuit instead of sitting back and waiting for the lawyers and class representatives to settle the case.

Participate as a named plaintiff if your injuries (and damages) are significantly greater than those of other class members, but you don't want to file a separate case.

Your reaction to a class action notice has significant consequences. For example, your reaction determines whether you can pursue separate injury claims. Contact The Law Office of Paul R. Bennett for a consultation on your injuries before making such a huge decision. We will analyze your case and advise you on whether to file a separate lawsuit.