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ARTICLE · 01 MARCH 2024

When Should Investors Opt Out Of Securities Class Actions?

It is important to understand what your options are and what action may be required. In many cases, potential class members do not have to take...

United StatesLitigation, Mediation & Arbitration

It is important to understand what your options are and what action may be required. In many cases, potential class members do not have to take any further action to reap the benefits of a class action settlement. However, in some cases, you may have to opt in or opt out of the settlement. For instance, some class action notices state that class members who wish to participate in the settlement must take some affirmative action, i.e., complete the required paperwork. Conversely, there are some cases where those who do not want to join the class action must take specific actions to preserve the right to file an individual suit.

In many cases, there is no benefit to opting out. However, where an investor has six-figure losses or claims not covered by the class-action suit, any recovery in the class-action may likely be insignificant compared to what a direct suit by the investor may yield. Also, concerns about the success of the class action, or the ability to name

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