Class Action Notice Requirements: Leveraging Traditional and Emerging Media to Reach Class Members

Complying With Due Process, Rule 23 Plain Language and CAFA Settlement Notice Requirements

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, April 5, 2016

Recorded event now available

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Program Materials

This CLE webinar will examine the current legal landscape regarding meeting class action notice requirements. The panel will discuss how class counsel are leveraging traditional and social media options to increase efficiency and reduce costs when notifying class members of class actions and settlements. The panel will also explain best practices for ensuring due process protections and complying with Rule 23’s plain language and CAFA’s settlement notice requirements when providing class action notice.

Description

Attorneys’ options for delivering notice of class actions and settlements to class members continue to evolve, even as they must adhere to more stringent standards to ensure due process. Some courts have approved the use of social media to disseminate class notice, either to supplement or replace traditional methods of notice. Other courts have rejected this approach, finding that social media notice is overbroad and not sufficiently targeted.

Even as delivery methods evolve, the content of class action notices remains a vital consideration for attorneys. Rule 23 requires notices be drafted in plain and simple language. Attorneys often fail to meet the plain language standard, which can potentially jeopardize judicial review.

Defendants are also required to comply with increased settlement notice requirements under the Class Action Fairness Act (CAFA). Failure to provide notice of a class action settlement to federal and state regulators can lead to opt-outs by class members.

Listen as our panel of experienced class action practitioners examines the evolving area of class action notice. The panel will review the latest legal developments surrounding the use of social media and other nontraditional means of delivering notice to class members, explain potential pitfalls with meeting the plain language requirement for notice, and discuss how to comply with CAFA’s requirements to provide proper notice of settlements.

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Outline

  1. Leveraging traditional and emerging media when providing notice to class members
    1. Traditional notice requirements and latest court developments
    2. Notice by electronic means—latest court developments
  2. Rule 23 plain language requirements
    1. Plain language requirement overview
    2. Avoidable mistakes
    3. Impact on judicial review
  3. CAFA settlement notice requirements

Benefits

The panel will review these and other key issues:

  • What are the latest trends and legal developments regarding using traditional and electronic media to provide class action notice?
  • What potential pitfalls should class counsel be aware of when drafting class action notices?
  • What are some best practices to ensure that class action notices meet due process, plain language and CAFA settlement notice requirements?

Faculty

Natalie Finkelman Bennett
Natalie Finkelman Bennett

Partner
Shepherd Finkelman Miller & Shah

Ms. Bennett concentrates her practice on antitrust, consumer and insurance litigation, as well as complex commercial...  |  Read More

Casie D. Collignon
Casie D. Collignon

Partner
Baker & Hostetler

Ms. Collignon represents clients in a variety of litigation matters, including class action lawsuits. She has been...  |  Read More

Carla Peak
Carla Peak

Vice President, Legal Notification Services
KCC

With a decade of industry experience, Ms. Peak specializes in the design of plain language legal notice documents. Her...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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