For Rule 23(b)(3) classes, the court must direct the best notice practicable under the circumstances, including individual notice to members identifiable through reasonable effort. Notice must describe the claims, the class definition, the right to opt out, and the binding effect of a judgment.
Settlement notice must additionally describe the terms and the process for objecting.
Alternative Names:
Notice to the Class, Rule 23(c)(2) Notice
Why it Matters?
Notice quality affects both due process and outcomes. Inadequate notice supports collateral attack on a settlement's binding effect, while overly effective notice raises claims rates and settlement cost. Courts have grown more attentive to whether digital notice programs actually reach members, and settlement approval increasingly requires reporting on reach and claims rates rather than accepting a notice plan on its face.
Frequently Confused with
Related terms
Frequently asked questions
What notice is required for a damages class?
Why do courts scrutinize notice plans?
