(a) In class actions brought primarily for injunctive or declaratory relief, notice of the pendency of the action need not be given to the class unless the court finds that notice is necessary to protect the interests of the represented parties and that the cost of notice will not prevent the action from going forward.
§ 904.Notice of class action
Article 9. Class Actions · Last amended 1975 · Last verified July 21, 2026
In one sentenceCPLR 904 sets when class members must receive notice of the action, optional for classes seeking only injunctive or declaratory relief unless needed to protect their interests, required for other class actions, and how the cost of that notice gets divided between the parties.
Full Text of CPLR 904
(b) In all other class actions, reasonable notice of the commencement of a class action shall be given to the class in such manner as the court directs.
(c) The content of the notice shall be subject to court approval. In determining the method by which notice is to be given, the court shall consider I. the cost of giving notice by each method considered II. the resources of the parties and III. the stake of each represented member of the class, and the likelihood that significant numbers of represented members would desire to exclude themselves from the class or to appear individually, which may be determined, in the court’s discretion, by sending notice to a random sample of the class.
(d) I. Preliminary determination of expenses of notification. Unless the court orders otherwise, the plaintiff shall bear the expense of notification. The court may, if justice requires, require that the defendant bear the expense of notification, or may require each of them to bear a part of the expense in proportion to the likelihood that each will prevail upon the merits. The court may hold a preliminary hearing to determine how the costs of notice should be apportioned. II. Final determination. Upon termination of the action by order or judgment, the court may, but shall not be required to, allow to the prevailing party the expenses of notification as taxable disbursements under article eighty-three of the civil practice law and rules.
Plain-English Summary
Notice is what turns an abstract class into a group of people who know a case affects them, and CPLR 904 calibrates how much notice a class deserves based on what's at stake. In a class action brought mainly for injunctive or declaratory relief, notice to the class isn't required at all unless the court finds it necessary to protect the represented parties' interests and finds that the cost of notice won't stop the case from going forward. Every other kind of class action, most often one seeking damages, requires reasonable notice of the case's commencement, given to the class in whatever manner the court directs.
The court doesn't pick a notice method blindly. CPLR 904(c) has it weigh the cost of each method under consideration, the resources the parties have to pay for it, and the stake each class member holds, including how likely a meaningful number of members are to want out of the class or to want to appear individually. The court can even use a random sample of the class to gauge that likelihood rather than guessing.
Someone has to pay for all this, and CPLR 904(d) starts with a default: the plaintiff bears the expense of notification unless the court orders otherwise. The court can shift that burden to the defendant, or split it between the parties in proportion to each side's likelihood of prevailing, and can hold a preliminary hearing to sort out that apportionment. Once the case ends, the court has discretion, though no obligation, to award the prevailing party its notification expenses as a taxable disbursement.
Frequently Asked Questions
Do all class members have to receive personal notice of a lawsuit in New York?
Only in class actions other than those brought mainly for injunctive or declaratory relief. CPLR 904(a) makes notice optional in injunctive and declaratory class actions unless the court finds it necessary to protect the class.
Who pays for notifying the class in a New York class action?
By default, the plaintiff bears the expense under CPLR 904(d), though the court can shift the cost to the defendant or divide it between the parties based on each side's likelihood of prevailing.
Can the cost of class notice be shifted to the defendant?
Yes. CPLR 904(d) lets the court require the defendant to bear the expense of notification, or apportion it between the parties, if justice requires that result.
What factors decide how notice is given in a New York class action?
CPLR 904(c) has the court weigh the cost of each notice method, the resources of the parties, and the stake each class member holds, including how likely members are to opt out or appear individually.
Is notice required in a class action seeking only an injunction?
Not automatically. CPLR 904(a) requires notice in that setting only if the court finds it necessary to protect the represented parties and finds that the cost won't derail the case.
Can a court survey a sample of the class instead of notifying everyone individually?
Yes. CPLR 904(c) lets the court gauge members' likely response, such as how many would opt out, by sending notice to a random sample of the class.
Amendment History
Add, L 1975, ch 207, § 1, eff Sept 1, 1975.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: class action notice requirements New Yorkwho pays for class action noticeNew York class notice cost allocationclass action opt out notice NY