How to Object to a Class Action Settlement
If you're a class member and think a settlement shortchanges the class, you can tell the judge. Here's how to file an objection that actually gets considered.
To object to a class action settlement, you file or mail a written objection to the court, and often to class counsel and defense counsel, before the objection deadline listed in the class notice. The objection must explain who you are, show that you are a class member, and state specifically why you think the settlement is unfair. You can usually also ask to speak at the final approval hearing. Only class members who have not opted out can object.
Who can object
You must be a member of the settlement class. If you opt out, you are no longer part of the settlement, so you lose the right to object to it. You can't do both. Filing a claim and objecting is generally allowed, since objecting doesn't remove you from the class, but check the notice for the specific settlement's rules.
Valid reasons to object
The judge must decide whether the settlement is fair, reasonable and adequate under Rule 23(e)(2). Objections are most useful when they speak to those factors. Common grounds include:
- ✓The payment to class members is too low compared with the strength of the claims.
- ✓Attorneys' fees are excessive relative to what the class actually receives.
- ✓The claims process is so burdensome that few people will be paid.
- ✓Some class members are treated unfairly compared with others.
- ✓The release gives up more claims than the case was about.
- ✓Unclaimed money reverts to the defendant instead of going to class members.
What to include in your objection
Rule 23(e)(5) requires an objection to say whether it applies only to you, to a specific subset of the class, or to the whole class, and to state its grounds with specificity. Most notices add their own requirements. A typical objection includes:
- 1The case name and case number from the notice.
- 2Your full name, address, phone number and email.
- 3Proof or an explanation of why you are a class member.
- 4Each specific reason you object, with any supporting facts or documents.
- 5Whether you or a lawyer plan to appear at the fairness hearing.
- 6The name of any lawyer representing you in the objection.
- 7Your signature, and sometimes a statement under penalty of perjury.
Courts can disregard objections that miss the deadline or leave out required details. Read the objection section of the notice, which usually tells you exactly where to send it, how many copies, and what to include. Our guide to reading a class action notice shows where to find it.
Sending it and attending the hearing
Send your objection to every address the notice lists, by the deadline, and keep proof of mailing or a filing confirmation. Some courts accept objections through the settlement website or electronic filing; others require mail. You don't need a lawyer to object, though you can hire one at your own expense.
If you want to speak at the fairness hearing, the notice usually requires you to say so in advance. Many hearings now allow remote attendance. Hearing dates can move, so check the settlement website shortly before.
What happens next
Class counsel and the defendant typically respond to objections in writing. The judge considers them at the hearing and either approves the settlement, rejects it, or asks the parties to change it. Many objections are overruled, but well-reasoned ones can lead to reduced fees or a better claims process.
If your objection is overruled, you may be able to appeal the final approval order. Appeals have their own strict deadlines and procedures, and a lawyer is strongly recommended. Note that courts must approve any payment made to an objector in exchange for dropping an objection or appeal, which is meant to discourage objections filed only to extract a payoff.
Objecting vs opting out
Objecting asks the court to improve or reject the deal for everyone. Opting out simply removes you from it. If you think the deal is bad for the class, object. If you think your own claim is worth more and you want to pursue it separately, read our guide to opting out instead.
Tips for a stronger objection
- ✓Be specific. Point to the exact term you disagree with and explain why it hurts class members.
- ✓Stick to facts you can support, and attach documents where they help.
- ✓Keep it concise. Judges read many filings, and a focused objection is easier to weigh.
- ✓Propose a fix if you can, such as a simpler claims process or a lower fee.
If you decide to stay in and claim, SettleScout can track the claim deadline for you, which is often close to the objection deadline.
Frequently Asked Questions
Can I object to a settlement and still get paid?
Generally yes. Objecting keeps you in the class, so if the settlement is approved anyway you can still receive a payment if you filed a valid claim. Opting out is what removes you from payment.
Do I need a lawyer to object to a class action settlement?
No. Class members can object on their own by following the instructions in the notice. You can hire a lawyer at your own cost, which is wise if you plan to appeal.
What happens if I miss the objection deadline?
The court may refuse to consider a late objection. Deadlines are set by court order, so treat them as firm and send your objection early.
See every settlement you qualify for
Tell SettleScout which brands you use. It finds your matches, estimates your payouts and reminds you before deadlines.
Free to download