What do I need to do to properly OPT out of a class action lawsuit?

Business 2 views 3 answers
I did not agree with the settlement and did not submit my claim for my share of the settlement. Is there a court document that I need to sign and fill out to properly OPT out of a settlement?

Attorney Answers

3
Donald Haviland ·
Once a class certified for purposes of settlement, all members of the defined class are included within the scope of the release provided to the defendant(s), unless they "opt out". At the time of settlement, the parties are typically directed by the court to disseminate notice to the class by the best practicable means under the circumstances. That usually means first class mail notice to all those who can be reasonably identified. That you are questioning how to "opt out" is troubling because it suggests either you didn't receive the class notice or your didn't read/understand the provision about timely opting out. Typically, the deadline to opt out precedes or coincides with the deadline for claims submission, so again, your question posed in the past is cause for concern about your timing. That said, the requirements for opting out are usually set out in a form sent to you. If you do not have such form, and have no other documents providing the instructions to properly opt out, you must try to contact the plaintiff class action counsel to alert them of your desire to opt out. I would also pen a letter with your name, address, and the name and case number of the case which was settled, and immediately send the letter to the court stating that you wish to opt out of the class settlement. You should address is to the judge in the case, and carbon copy at least the plaintiff's counsel if not all other counsel (including the defense counsel). Ultimately, it is the court that grants the release to the defendant(s), so it is the court that needs to be apprised of your intention to opt out of any class action. Good luck to you.
0 upvotes
Jeffrey Casurella ·
Yes, there is not much to add to the previous answer, which was answered very well. If you do not want to be included in the settlement, you should opt out. If there is a website regarding the settlement, often there is an opt-out form for you to download and return.
0 upvotes
Craig Mielke ·
You need to carefully read the class notice and follow the procedures to opt out of the class or remain in the class and object. Typically, you can not both opt out and object.
0 upvotes

People Also Asked