In order to be bound by the class action, you should receive notice and an opportunity to opt-out of any settlement or jury verdict. Notice can be served in different ways, depending on the lawsuit. For example, notice could be made by a television commercial or by an advertisement printed in a newspaper or magazine.The purpose of these advertisements is to inform you that there is a class action for people injured by the defendant’s conduct.


Sometimes, individual notice will be sent in the mail. For example, if an Internet provider charged its clients illegal fees, then a court may order the company to send written notice to every customer. The purpose of the notice is to advise you of the lawsuit and to allow you to opt-out.
You are only entitled to notice if the class action is for money damages. Sometimes, class actions are brought to prevent someone from doing something. This is called an “injunction.” But most class actions that will affect you are ones brought for money damages, so you should receive notice of the class action.
 Opt-out notices can sometimes be difficult to understand. You may also be surprised to suddenly receive it in the mail. Class actions can be brought for defective medicines or medical instruments, defective products, or for illegal fees charged by a company. You will need to read the notice completely and pay attention to the opt-out deadline.


You may want to meet with an attorney to discuss whether staying in the class action is preferable or whether you want to bring your own lawsuit. To bring your own lawsuit, you will need to opt-out of the class action.
You can find an experienced consumer rights or personal injury attorney by visiting your state’s bar association, which should run a referral program. Once you have a referral, you should call the lawyer to discuss your situation.
If you were seriously injured by a prescription drug or a defective product, then you may already have an attorney. Let him or her know as soon as possible whenever you receive notice of a class action, or if you see a television commercial informing you that a class action is being formed. Your attorney needs to know this so that he or she can protect your rights to bring your own lawsuit.
 The notice should tell you how to opt-out. Often, you must complete a form and mail it in. Sometimes you can opt-out by visiting a website or by calling a telephone number. The notice should tell you how to opt-out as well as the deadline. Be sure to follow the directions.


Typically, class actions are “opt-out,” not “opt-in.” This means you can still be bound by the settlement or jury verdict if you fail to actually “opt-out.”Should you fail to opt-out but then try to bring your own lawsuit, the defendant can get your case dismissed because your rights have been adjudicated in the class action.
If you need to mail an opt-out notice, then keep a copy for your records. Also be sure to mail the notice certified mail, return receipt requested. In this way, you will have proof that the opt-out was received.
When you opt-out by phone, take down the name of who you talked to as well as the day and time. When you opt-out online, print a confirmation page or hold onto an automatic email reply.
Receive notice.
Meet with a lawyer.
Opt out.
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