Class Action Fairness Hearing Notice

Drafts a FRCP 23(e)-compliant notice informing class members of a proposed settlement, their rights, and the fairness hearing.

Prerequisites

Gather before drafting:

Settlement agreement — class definition, fund amount, distribution formula, release scope, fee provisions, cy pres/reversion
Preliminary approval order — verbatim language, deadlines, formatting mandates
Class certification order — class definition, named representatives
Complaint/key filings — claims summary, procedural history
Court logistics — hearing date/time, courtroom, virtual access, judge, caption format

Extraction Checklist

Extract from source documents before drafting. Flag missing items to the user.

| Item | Source | |---|---| | Case number, caption, court, judge | Prelim. approval order | | Exact class definition | Settlement + certification order | | Settlement fund / benefit value | Settlement agreement | | Payment calculation method | Settlement agreement | | Claims process (claims-made vs. automatic) | Settlement agreement | | Claim form requirements + deadline | Settlement / exhibits | | Opt-out deadline + procedure | Prelim. approval order | | Objection deadline + procedure | Prelim. approval order | | Hearing date, time, location | Prelim. approval order | | Attorney fee amount/percentage | Settlement agreement | | Incentive awards for reps | Settlement agreement | | Non-monetary relief | Settlement agreement | | Release scope | Settlement agreement | | Cy pres / reversion terms | Settlement agreement | | Admin costs allocation | Settlement agreement | | Verbatim court-required language | Prelim. approval order | | Translation/format requirements | Prelim. approval order | | Settlement website URL | Claims admin info |

Notice Structure

1. Caption & Header

Full court caption per jurisdictional format
Title: "Notice of Proposed Class Action Settlement and Fairness Hearing" (or court-specified)
Attention line: "LEGAL NOTICE: Your Rights May Be Affected by a Proposed Class Action Settlement"
Opening: plain-language explanation of settlement, preliminary approval, class membership; include "This is not a lawsuit against you."

2. Case Background

Allegations in plain language
Defendant's position (deny liability)
Procedural history: filing → certification → settlement
Frame as compromise avoiding litigation risk

3. Settlement Terms

| Component | Include | |---|---| | Total value | Amount or benefit description | | Individual payments | Formula, range, examples | | Claims process | Type, required docs, deadline | | Non-monetary relief | Injunctive terms, practice changes | | Attorney fees | Amount/%; subject to court approval | | Incentive awards | Amounts for named plaintiffs | | Admin costs | Who pays; from fund or separate | | Unclaimed funds | Reversion / cy pres |

4. Class Definition

Verbatim definition from settlement agreement
Plain-language breakdown of each element
Address common membership questions

5. Fairness Hearing

Exact date/time, full address, courtroom, virtual access if applicable
Purpose: court determines fairness; rules on fees and incentive awards
Note date may change; provide methods to check schedule

6. Class Member Options

Present three options:

Option 1 — Submit Claim / Do Nothing (Stay in Settlement)

How to receive benefits; claim form + deadline
Consequence: bound by settlement and release

Option 2 — Opt Out (Exclude Yourself)

Written exclusion: name, address, signature, exclusion statement
Send to claims administrator by deadline (postmark/receipt)
Consequence: no benefits, retain individual claims; cannot also object

Option 3 — Object (Stay in Class, Challenge Terms)

Must NOT opt out
Written objection to court clerk: case info, objector details, statement, supporting docs, signature
Serve copies on class counsel and defense counsel by deadline
May appear at hearing but not required

7. Release of Claims

Plain-language description with examples of released claims
Reference settlement agreement for complete language
All non-opt-out members bound regardless of action taken
Final after approval + appeal resolution

8. Contact Information

| Resource | Include | |---|---| | Class counsel | Name, firm, address, phone, email | | Claims admin | Name, address, phone, email, website | | Settlement website | URL + available documents | | Paper copies | How to request | | Court clerk | Address (file review only) |

Include: "Do not contact the judge or court staff with settlement questions."

9. Disclaimers

Notice issued by court order; not expression of court opinion on merits
Preliminary approval ≠ final fairness determination
Tax: payments may be taxable; consult own advisor
Notice is summary; settlement agreement controls if inconsistent

Drafting Rules

Plain language: define legal terms on first use; active voice; short sentences; no Latin
Bold all deadlines; use headings, bullets, numbered steps
Verbatim language: reproduce court-mandated text exactly as ordered
Readability: comply with court-specified font, translation, or summary requirements
Due process: notice must enable informed decisions on participating, opting out, or objecting
For state actions, flag applicable state rule equivalents — verify specific rules with user

Final Checks

[ ] All dates, addresses, amounts verified against source documents
[ ] Court-mandated verbatim language included exactly
[ ] All three class member options clearly presented with deadlines
[ ] Release scope described in plain language
[ ] Tax and court-opinion disclaimers included
[ ] "Do not contact the judge" instruction included
[ ] FRCP 23(e) requirements cited; state equivalents flagged if applicable