class action notice incorporating changing online and platform technologies
January 1, 2024
The Center has published for public comment a preliminary draft of Guidelines and Best Practices addressing class-action notices incorporating changing online and platform technologies. Parties are obligated under Fed. R. Civ. P. 23(c)(2) to provide the best notice practicable under the circumstances that is most likely to be effective in a class action, which may include a combination of methods to increase the reach of the notice.
New platforms and technology provide opportunities and options to enhance the effectiveness of notices in consumer class actions. The draft provides guidance on the use of a combination of methods of giving direct and supplemental notice to class members.
The best practices focus on the following:
- Identifying advantages and drawbacks of direct means of notice by first-class mail
- Identifying advantages and drawbacks of non-direct means of notice, including consideration of: (i) demographic and psychographic information: (ii) typical mode of communication between class and defendant; (iii) reach of notice program; and (iv) average frequency
- Calibrating use of combinations of different means of notice
Public comment on preliminary draft of guidelines and best practices due by January 26, 2024.