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What Does It Mean To “Opt Out” or “Exclude” Yourself From A Class Action Lawsuit or Class Action Settlement?

Class Action Opt Outs & Exclusions | Class Action Frequently Asked Questions

In a typical class action lawsuit or class action settlement, if you are class member and do not want to remain a member of a litigation or settlement class, you can request to be excluded from the class by opting out.

You can typically opt out of the Class by submitting, by a certain deadline, a written, signed request to be excluded (an “opt out” or “exclusion“) to the class action attorneys or class action settlement or claims administrator with any required information (such as the name of the class action lawsuit, your full name, address, telephone number, a statement that you wish to be excluded from or opt-out of the litigation or settlement class, signature, etc.).

If you opt out of a class action lawsuit, you typically will no longer be a member of the litigation or settlement class, you will not be bound by or subject to any judgment or settlement of the class action litigation, you will be barred from participating in the litigation or settlement, you will be unable to object to any settlement, and you will receive no benefit from the litigation (including a favorable judgment) or settlement.

By opting out of or excluding yourself from a class action lawsuit, you retain whatever rights or claims you may have, if any, against defendants, and you will be free to pursue them on an individual basis, if you choose to do so.

{ 1 comment… add one }
  • Gina Sims April 17, 2012, 8:31 pm

    I received a class action claim form in the mail. I wanted to opt-out, but instead I accidentally mailed the claim form without a written request to opt-out because I didn’t clearly understand my rights. I have until 4/24/12 to get a statement in to the settlement administrator .My attorney and I sent a written request on my behalf of opting out. Do I still have time to opt-out?

    PS. should have talk to my lawyer first before mailing the claim form. “what a mistake”

    Thank you

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