Class Action Fairness Hearing

---
name: class-action-fairness-hearing
description: Drafts FRCP 23(e)-compliant fairness hearing notices for class action settlements. Covers settlement terms, opt-out rights, objection procedures, and hearing logistics. Use when notifying class members of a proposed settlement pending court approval.
---

# Fairness Hearing Notice

Generates a plain-language class action settlement notice that satisfies due process requirements under FRCP 23(e) or state equivalents.

## Prerequisites

Gather before drafting:

1. **Settlement agreement** — all material terms
2. **Class definition** — certified or proposed for settlement
3. **Preliminary approval order** — court order setting hearing and approving notice
4. **Notice plan** — approved distribution methods (mail, email, publication, website)
5. **Key dates** — opt-out deadline, objection deadline, hearing date/location
6. **Claims process** — claim form and procedures (if claims-made)
7. **Class counsel contact info** — for class member inquiries

## Notice Structure

### 1. Header and Summary

- Case name, number, court
- Bold lead: "A proposed settlement has been reached. You may be affected."
- Plain-language class member description
- **Key dates table** (prominent):

| Action | Deadline |
|--------|----------|
| Submit claim | [date] |
| Opt out | [date] |
| File objection | [date] |
| Fairness hearing | [date, time, location] |

### 2. Case Background

- What plaintiffs alleged and defendant's position — plain language, no jargon
- Why the parties are settling

### 3. Class Definition

- Who is included, in plain language
- How to determine membership; contact info for questions

### 4. Settlement Terms

- Total value and per-member amount or formula
- Payment timing/method
- Non-monetary relief (policy changes, injunctive relief) if any
- Claim process: how to file, deadline, required docs
- Claims-made vs. automatic distribution — what happens if no claim is filed

### 5. Class Member Options

Present four paths clearly:

**Submit a Claim** (if claims-made) — how, deadline, expected benefit

**Opt Out (Exclude Yourself)** — preserves individual right to sue; receives nothing from settlement. Must send written request with required content by deadline.

**Object** — remain a class member but contest terms. Written objection with required content filed/sent by deadline. May appear at hearing personally or through counsel.

**Do Nothing** — bound by settlement, release claims. Receives benefit (if automatic) or nothing (if claims-made without filing).

### 6. Fees, Costs, and Service Awards

- Amount class counsel will request and payment source (fund vs. defendant)
- Service award amounts for class representatives

### 7. Release of Claims

- Plain-language scope of release
- Warning: released claims cannot be pursued later

### 8. Fairness Hearing Details

- Date, time, location (courtroom)
- What the court will decide
- Whether class members may appear/speak
- How to get updates if hearing is rescheduled

### 9. Contact Information

- Settlement website, toll-free number
- Class counsel, settlement administrator address
- Court clerk (for reviewing filed documents)

## Drafting Rules

- **6th–8th grade reading level** — short sentences, simple words
- Bold all dates and deadlines
- Use FAQ format where possible
- Define any legal term you must use
- Include all languages required by preliminary approval order
- Comply exactly with court-specific notice requirements
- Consider ADA accessibility for digital formats

## Pitfalls

- **Incomplete options section** — all four paths (claim, opt out, object, do nothing) must be covered with deadlines and consequences
- **Jargon creep** — this is a due process document for non-lawyers; plain language is mandatory
- **Missing release language** — class members must understand what claims they give up
- **Ignoring preliminary approval order** — court may impose specific notice content or format requirements; mirror them exactly