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

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.