Step 5: Certifying the Class Action and Sending Out Notice
If the court decides that the case can proceed as a class action, the court "certifies" the case as a class action and assigns a "definition" to the class. For example, the court might define the class as every person who bought a particular brand of computer in Indiana from 1996 through the present. That means every person fitting within the class definition is automatically entitled to be in the class if he or she wants to.Once the class is defined, the parties are ordered to send notice to the class. Notice can be sent in a number of ways. Usually it is sent by mail to all of the class members that can be identified by the parties. At times, notice is published in newspapers or magazines (either instead of, or in addition to, notice by mail). Also, courts have begun recognizing that, in appropriate contexts, notice can be sent via e-mail or even posted on a prominent Web site.
The content of the notice, which generally must approved by the court prior to being sent out, briefly explains what the class action case is about, what has happened in the case so far, and if a settlement has been reached. Most importantly, the notice usually provides each class member with the right to stay in the class, exclude himself or herself from the action, or file an objection.
If a class member wants to take part in the class action lawsuit, he or she does not need to do anything. If a class member wants to be excluded from the class, he or she is typically required to send in a letter stating his or her desire to opt out of the case. If the notice is sent after the parties have agreed on (and the court has approved) a settlement, class members may be required to send in a "claim form" verifying that they are members of the class and requesting particular compensation provided for in the notice.
Most people stay in class actions after getting notice, but some decide to opt out. The most important reason people opt out may be that they have already filed - or plan to file - similar lawsuits against the defendant. In that situation, people who neglect to opt out may be inadvertently giving up their right to take part in any other case or, in the case of a settlement, they may be releasing their claims against the defendant.
Keep in mind that the class action attorneys representing the class are there to answer questions. If you are confused about what to do or if you just need more information, don't hesitate to call them or send off a quick e-mail.
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