casemark/class-action-notice

Class Action Notice

Drafts a Rule 23-compliant notice informing absent class members of their rights, options, and deadlines in class certification or settlement proceedings.

Prerequisites

Gather before drafting:

1. Complaint — factual allegations, legal claims, named parties
2. Class certification order — exact class definition, court-specified notice requirements
3. Settlement agreement (if applicable) — terms, amounts, allocation, release scope
4. Court orders on notice — format, length, reading level, mandatory language, distribution method
5. Key deadlines — claim submission, opt-out, objection, fairness hearing date/time/location
6. Contacts — class counsel, defense counsel, claims administrator, settlement website

Quick Start

1. Collect all prerequisites and court-ordered specifications
2. Draft notice sections in order (heading → lawsuit → class definition → terms → options → procedures → hearing → resources → disclaimers)
3. Verify Rule 23(c)(2)(B) mandatory elements are covered
4. Apply due process test: would a non-lawyer understand their rights and options?
5. Cross-reference every factual statement against source documents

Notice Sections

1. Heading & Introduction

| Element | Requirement | |---|---| | Court ID | Full district, division, department | | Case caption | All named plaintiffs/defendants, exactly as filed | | Civil action number | As assigned | | Alert banner | Bold attention statement (e.g., "LEGAL NOTICE: A class action lawsuit may affect your rights.") | | Subject matter | Concrete facts — specific conduct, dates, amounts | | Why received | Court-authorized notice; not a solicitation or lawsuit against recipient | | Neutrality disclaimer | Court has made no determination on the merits |

2. Description of the Lawsuit

Draft in this order:

1. Factual background — chronological, specific dates/conduct from complaint; concrete details only
2. Legal claims translated — convert statutory citations to plain English (e.g., "TCPA prohibits automated calls to cell phones without consent")
3. Defendant's position — from answer/defense filings, presented with equal clarity
4. Procedural history — key milestones in lay terms

3. Class Definition & Membership

• Quote exact class definition from certification order or settlement agreement
• Break each element into separately explained criteria
• Address: who qualifies as "person," qualifying conduct, geographic scope, temporal boundaries (inclusive dates, timezone)
• Label and explain subclasses separately if they exist
• List all exclusions (officers/directors, judicial officers, prior releasors, etc.)
• Provide practical membership guidance (e.g., "If your statement shows a $2.95 'processing fee' during the class period, you are likely a member")
• Include contact for membership questions

4. Settlement Terms (If Settlement Notice)

| Component | Include | |---|---| | Total value | Exact dollar amount | | Allocation | Fund → class payments, admin costs, fees, service awards | | Distribution method | Pro rata, tiered, or flat; concrete dollar examples per tier | | Attorney fees | Exact amount/percentage; note requires separate court approval | | Service awards | Amount per representative; note requires court approval | | Injunctive relief | Specific conduct changes, not generalities | | Release scope | Exactly which claims released vs. preserved | | Risk assessment | Balanced: case strengths vs. litigation risks; why settlement is reasonable |

5. Legal Rights & Options

Present each as a discrete block:

Option A — Submit a Claim (Participate)

• What to do, where to get form, required info/docs
• Deadline with time and timezone
• Consequence: receive payment, release claims

Option B — Exclude Yourself (Opt Out)

• Written, personally signed (not by attorney without POA)
• Contents: full name, address, case name/number, exclusion statement, signature
• Mail to [ADDRESS], postmarked by [DATE]
• No mass/group exclusions
• Consequence: no benefits, retain right to sue individually
• Caveat: statute of limitations may have run

Option C — Object

• Written objection filed with court + copies to class and defense counsel
• Contents: case name/number, name/address/phone, specific reasons, supporting docs, intent to appear, signature
• Deadline: [DATE]
• Consequence: still bound if approved; may still submit claim

Option D — Do Nothing

• PROMINENT WARNING: Bound by court's decision; forfeits right to sue separately; receives nothing unless claim submitted

6. Claims Process

1. Obtain form — website URL, phone with hours/timezone, mailing address
2. Complete form — required fields; sworn statement accepted if no documentation
3. Submit — online, mail, or email; deadline with time/timezone per method
4. Retain copy for records

7. Exclusion Procedure

• Exact mailing address
• Required elements (per Option B above)
• Postmark deadline
• Individual requests only

8. Fairness Hearing

• Date, time, courtroom, full court address
• Purpose: court decides if settlement is fair, reasonable, adequate; rules on fees/awards
• Attendance not required; right to attend if intent stated in written objection
• Hearing may be continued without further notice; how to confirm (website, phone, PACER)
• Binding effect: final judgment = res judicata on released claims for all non-excluded members

9. Resources & Contacts

• Class counsel: name, firm, address, phone, email, website
• Claims administrator: name, company, toll-free phone with hours, email, website
• Settlement website: complaint, agreement, orders, claim form, FAQs, deadline calendar
• Scam warning: Never pay to participate; legitimate contact only from administrator or class counsel
• Court records: PACER URL, Clerk's Office address/hours
• Primacy clause: settlement agreement and court orders control over this summary

10. Disclaimers

• Not legal advice
• Class counsel represents the class, not individual members
• Suggest consulting personal attorney for individual advice
• Include state bar lawyer referral service if appropriate

Drafting Rules

• Reading level: 8th–10th grade for general consumer classes; adjust for class composition
• Tone: Scrupulously neutral — do not encourage or discourage any option
• Style: Average 15–20 words per sentence; active voice; one concept per paragraph
• Jargon: Avoid; if unavoidable, add parenthetical plain-language definition immediately
• Placeholders: Bracket format — [DATE], [ADDRESS], [URL], [PHONE NUMBER]
• Court orders override any default format guidance in this skill

Mandatory Compliance Checks

• [ ] Rule 23(c)(2)(B) elements: nature of action, class definition, class claims/issues/defenses, right to enter appearance through counsel, right to request exclusion, binding effect, time/manner for exclusion
• [ ] Due process test: reasonable non-lawyer understands all rights and options
• [ ] FRE readiness: notice may become an exhibit; maintain precision and verifiability throughout
• [ ] All factual statements cross-referenced against source documents
• [ ] Court-ordered specifications followed exactly