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Can I Be Legally Bound by a Class Action Settlement?
If you meet the definition of a Class Member for a settlement that has received final approval by a judge, your rights will generally be affected whether or not you file a claim. If you do not want to be bound by the settlement, you must file a request for exclusion before the exclusion (or “opt out”) deadline. Some settlements require Class Members to “opt in” to the settlement. In these cases, their rights will not be affected by the settlement unless they opt in.
How Will My Legal Rights be Affected?
Generally, if you are a Class Member in a settlement, you will be prohibited from filing a lawsuit against the defendant over the same legal issue that was resolved by the settlement. Because every class action settlement is different, it is important to read the settlement notice carefully to find out exactly how your rights will be affected.
What Does Opting Out Do?
When a person opts out of a class action lawsuit, it means that he or she will not be bound by the judgment or settlement and retains the right to take legal action against the defendant over the same legal issue. Opting out also means that you will not receive any of the compensation that is available to Class Members.
If you don’t feel that the settlement award adequately compensates you for the harm you suffered, you may decide that it’s worthwhile to opt out of the settlement and file your own lawsuit against the defendant. Filing a separate lawsuit will allow you to serve as the plaintiff and seek the amount of damages that you believe you’re entitled to receive.
Can I Be Bound by a Settlement That I Wasn’t Aware Of?
In class action lawsuits that involve declaratory or injunctive relief instead of monetary damages, the parties may not be required to provide notice of the litigation to Class Members, and they may not be able to opt out of the litigation. Even if you did not know about the existence of a class action lawsuit, you may be prohibited from taking legal action against the defendant over the same legal issues that were resolved in the case.
To find out if you qualify for any class action settlements, take a look at our Open Settlements section. You might find out that you’re eligible for free money. It typically takes only a few minutes to file a claim, so find out if you qualify now!
Related FAQ Articles:
What Rights Do I Have as a Class Member?
How Do I Know if I Qualify for a Settlement?
6 thoughts onCan I Be Legally Bound by a Class Action Settlement?
Hey, I started my business in 2012 and at the end of 2013, beginning of the year 2014, I wasn’t able to access my yahoo account to communicate with my business company overseas (sender) , try many time also sent a request to reset my password unfortunately didn’t work. Would I be the one to receive the reimbursement On this situation?
Was there a settlement made on Penn.Public school employees retirement system v Bank of America?? If so was any distributions made??
Excluding doesn’t show if someone have already claim at Labour Commisioner, he exclude himself from class action or get benefit
Employees issues
I have already file claim in labour board, I recive of class action benefit of others employees, can I get class action benefits and keep my claim active
What” labour board c are you talking about?