Maximizing Claims Rates In Consumer Class Actions Best practices
January 12, 2023
The Center is forming a team of volunteer practitioners and other legal experts to develop guidelines and best practices maximizing claims rates in consumer class actions, including enhancing the effectiveness of the transmission of notices.
When finished, these best practices will be published for public comment after review by the Center’s judges advisory council and will be added to the Center’s compendium of class-action best practices posted at https://rabiejcenter.org/best-practices/. Progress on the drafting of the best practices will be discussed at the Center’s bench-bar invitation-only class-action conference in July.
Volunteer roles include drafters of language, editors, and reviewers. If you are interested in joining the team, please advise the Center at <contact@rabiejcenter.org>. More information on this and other projects is contained on the Center’s website at https://rabiejcenter.org/new-projects/.
The best practices will focus on the following:
- Maximizing return of claims forms by: (i) simplifying and clarifying wording of notice; (ii) simplifying proof-of-injury claims procedure; and (iii) maximizing circulation and effectiveness of notices
- Informing the judge about the notice means or combinations of means, which are most effective
- 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
- Cost
- Potential use of Amazon-mailing list
- Calibrating use of combinations of different means of notice