Rule 3.766.Notice to class members

Once a class is certified, someone has to tell the people in it, and Rule 3.766 lays out how that happens. The court can direct either party to handle notification. Before that happens, the party proposing the class — the class proponent — must submit a statement addressing whether notice is even necessary, whether members can opt out, the proposed timing and method of notice, who should pay for it, and, if cost-shifting is on the table, an estimate of what it will cost. The court then makes its own order resolving those same five questions.

When class members have the right to exclude themselves, the content of the notice is not left to guesswork. It must explain the case in plain terms, including what each side contends and denies; tell members they will be excluded if they ask by a specified date; explain how to make that request; state that the judgment will bind everyone who does not opt out, win or lose; and let members know they can appear through their own counsel if they choose to stay in.

Choosing how to deliver notice involves weighing the class’s interests, the type of relief sought, each member’s individual stake, the cost of notice, the parties’ resources, the risk of prejudice to members who never receive it, and the binding effect the judgment will have on them. When reaching every member personally would cost too much, the stakes are too small, or some members cannot be found individually, the court can approve alternatives like publication, broadcast notice, or distribution through a relevant organization.