Class Action: Notice Programs

Class action notices are a crucial step in ensuring affected individuals are informed of their rights.

In this video, Thomson Rogers LLP’s Partner Lucy Jackson explains what these notices mean, how they work, and why they matter.

After a class action is certified, the court has to approve what’s called a notice program. That means that the class is going to be provided with information about the class action, the definition of the class members, what procedural steps they can expect next and, importantly, opting out. Once it’s approved by the judge, the notice program will be sent out.

What happens next?

There are lots of different ways that that can go out. You could expect to get something either in your email or by direct mail. Sometimes, that information isn’t available depending on the nature of the class action. For example, if the class involves consumers who have purchased a product, the defendants are not necessarily going to have their direct contact information. The notice can be sent either through an online advertisement or through a newspaper advertisement. Sometimes, you can even see and notice information about class actions on the TV. Sometimes, the notice will ask them to either sign up for the class action or submit a claim.

What if someone no longer wants to be a part of the class action?

The biggest thing, typically at the notice stage after the class action has been certified, is if class members don’t want to participate in the class action. And that’s called opting out. They typically have to sign an opt-out form, and you have to make sure you follow the proper steps and complete the opt-out form.

Conclusion

If you’re involved in a certified class action, reading that notice program is important. It’ll contain a lot of information. If you have any questions about the notice or the class action, there’s often a phone number or a contact person that you can reach out to.

Lucy Jackson is a Personal Injury Partner at Thomson Rogers LLP. Her practice involves helping people who have been seriously injured in motor vehicle collisions, slip/trip and fall accidents, assault and battery, as well as medical device and product liability claims. In addition, Lucy’s class action practice involves claims of institutional abuse, negligent misrepresentation, and breach of the Consumer Protection Act, in addition to personal injury claims. You can reach Lucy at 416-868-3154 or by email.