Any action brought as a class action under Section 2-801 of this Act shall not be compromised or dismissed except with the approval of the court and, unless excused for good cause shown, upon notice as the court may direct.
2-806.Dismissal or compromise of class cases.
Article II. Civil Practice · Part 8. Class Action · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-806 requires a court's approval before a certified class action can be dismissed or settled, and it ordinarily requires notice to the class before that happens unless the court excuses notice for good cause.
Full Text of 735 ILCS 5/2-806
Plain-English Summary
Because a class action binds people who are not in the courtroom, Illinois law does not let the named parties walk away from or settle the case on their own terms alone. Section 2-806 requires that any action brought as a class action under Section 2-801 not be compromised or dismissed except with the court's approval. That approval requirement gives the court a chance to check that a proposed settlement or dismissal is not a deal that benefits only the named plaintiffs or defendant at the expense of the absent class.
The statute pairs that approval requirement with a notice requirement: unless the court excuses notice for good cause, the class must receive notice as the court directs before a dismissal or settlement takes effect. Together, these two safeguards mean a class action cannot quietly disappear through a private agreement between the representative parties and the defendant.
Frequently Asked Questions
Can the named plaintiff in an Illinois class action settle the case without court approval?
No. Section 2-806 requires court approval before any class action brought under Section 2-801 can be compromised or dismissed.
Why does Illinois law require court approval to dismiss or settle a class action?
Because a class action judgment binds absent class members who never appear in court. Requiring court approval gives a judge the chance to confirm that a settlement or dismissal does not shortchange the class the named parties represent.
Do class members get notice before a class action is dismissed or settled?
Generally, yes. Section 2-806 requires notice as the court may direct, unless the court excuses that notice for good cause shown.
When can a court excuse the notice requirement under Section 2-806?
Only when the court finds good cause to do so. The statute makes court approval mandatory in every case but treats notice as the default that a court can excuse for good cause.
Does Section 2-806 apply to individual claims outside a certified class?
No. It applies specifically to actions brought as a class action under Section 2-801. An individual lawsuit that was never certified as a class action is not subject to this approval and notice requirement.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: class action settlement approval illinoisdismissing a class action illinoisclass action settlement notice illinois