Rule 23(c)(2) requires the best notice practicable, including individual notice to identifiable members. Notice must describe the claims, the right to opt out, and the binding effect of judgment.
Inadequate notice exposes a settlement to collateral attack.
Alternative Names:
Notice Adequacy|Rule 23(c)(2) Notice
Why it Matters?
Inadequate notice exposes a settlement to collateral attack years later, since a member who did not receive constitutionally adequate notice may argue they are not bound, which undermines the finality that made the settlement worth paying for. Documenting the notice program including reach metrics and claims rates protects the release. Digital notice supplementing mail has been approved and frequently improves reach.
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Frequently asked questions
What risk does inadequate notice create?
What protects the release?
