Effective December 1 of this year, Rule 23 of the Federal Rules
of Civil Procedure – governing class action lawsuits –
was amended. Among other things, the amendments modernize the rule
with respect to electronic communications, set forth a more unified
approach to approving settlements, and discourage bad faith
objectors to class action settlements.
Proper Notice to Class Members Does Not Necessarily Mean a Trip
to the Post Office
Prior to the 2018 amendments, the notice requirement for Rule 23
was relatively vague – requiring the "best notice that
is practicable under the circumstances." Parties therefore
have historically used traditional mail to provide notice to
members. This method was slow, cumbersome, less precise, and more
expensive.
