| name | class-action-notice |
| description | Drafts Rule 23-compliant class action notices to absent class members for certification or settlement. Agent uses this skill when drafting class action notices, class member notifications, settlement notices, opt-out notices, or fairness hearing notices. |
| tags | ["drafting","litigation","pleading"] |
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:
- Complaint — factual allegations, legal claims, named parties
- Class certification order — exact class definition, court-specified notice requirements
- Settlement agreement (if applicable) — terms, amounts, allocation, release scope
- Court orders on notice — format, length, reading level, mandatory language, distribution method
- Key deadlines — claim submission, opt-out, objection, fairness hearing date/time/location
- Contacts — class counsel, defense counsel, claims administrator, settlement website
Quick Start
- Collect all prerequisites and court-ordered specifications
- Draft notice sections in order (heading → lawsuit → class definition → terms → options → procedures → hearing → resources → disclaimers)
- Verify Rule 23(c)(2)(B) mandatory elements are covered
- Apply due process test: would a non-lawyer understand their rights and options?
- 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:
- Factual background — chronological, specific dates/conduct from complaint; concrete details only
- Legal claims translated — convert statutory citations to plain English (e.g., "TCPA prohibits automated calls to cell phones without consent")
- Defendant's position — from answer/defense filings, presented with equal clarity
- 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
- Obtain form — website URL, phone with hours/timezone, mailing address
- Complete form — required fields; sworn statement accepted if no documentation
- Submit — online, mail, or email; deadline with time/timezone per method
- 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
