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Fraudulent Claims in Class Action Settlements: Contending With the Increasing Danger of Manipulation

How Fictitious Claims are Changing the Way Class Action Settlements are Administered and Strategies for Adapting

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, November 9, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss what class action lawyers can do to stem the proliferation of fraudulent claims in class action settlements--in particular consumer class actions. The panel will review the impetus for filing of fraudulent claims, how the claims get filed and by whom, options to combat the filing of fraudulent claims, how the parties can cooperate to reduce such claims, and effective claim validation procedures.


The problems caused by fraudulent claims in class actions are legion. And expensive. Courts are increasingly questioning the true claims rate when settling parties seek final approval touting what could well be a grossly inflated successful claims program. A high claims rate might cause the judge to reject a settlement if the settlement fund is insufficient to pay the claims. The court might even suspect the defendant of not dealing in good faith. On the other hand, fraudulent claims can drive up a claims-made settlement costs that exceed reserves. And, class actions that pay only lawyers fees and fraudsters delegitimizes the class action device.

Feeder websites, digital advertising, social media, and the internet have all contributed to an exponential rise in fraudulent claims in class action settlements. Fraudulent claims have increased in sync with electronic notice and an uptick in no proof required claims procedures. The most current scourge is internet bots that file thousands and thousands of claims, taking the gamble that some will pay. In some recent cases, close to 50 percent of all claims were fraudulent. Will AI exacerbate or alleviate the problem?

Counsel must learn how to protect their clients from fraudulent claims, especially fraudulent schemes using bots. And class action attorneys on both sides of the bar should have multiple ways of mitigating these risks at every stage of the case. Courts will be ever wary of notice and claims procedures. No single solution will work. Roadblocks are needed at junction and defendants will want to consider available risk transfer strategies.

Listen as this authoritative panel discusses how to address the unprecedented problem of fraudulent class action claims.



  1. Negative effect of fraudulent claims
  2. Recognizing patterns of fraudulent claimants
  3. Strategies for preventing and rejecting fraudulent claims


The panel will review these and other critical issues:

  • What are the causes of the rise in fraudulent claims?
  • How are fraudulent claims and bots changing the way class actions are administered?
  • Can defendants transfer the risk of viral settlements?


Hilsee, Todd
Todd B. Hilsee

The Hilsee Group

Mr. Hilsee was the first person judicially recognized as an expert on class action notice in published decisions in the...  |  Read More

Mesko, Jennifer
Jennifer L. Mesko

Tucker Ellis

Ms. Mesko is an experienced litigator who represents businesses in complex civil litigation throughout the United...  |  Read More

Weiner, Ross
Ross Weiner

Legal Director
Certum Group

Mr. Weiner is Legal Director at Certum Group, where he helps evaluate new business, assess legal and financial risk,...  |  Read More

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