What Is Injunctive Relief?
Injunctive relief is a court order requiring a company to change its behavior, rather than to pay money.
Injunctive relief is a court-ordered remedy that requires a party to take a specific action or to stop doing something, instead of, or in addition to, paying money. In class action settlements, it usually means the defendant agrees to change a business practice.
Why it matters to you
Many settlements combine cash with practice changes, such as better data security, clearer labeling or new fee disclosures. These changes can be valuable even though they do not show up in your bank account. Some settlements provide only injunctive relief, with no payments to class members at all, which is why not every settlement has a claim form.
Common examples in settlements
- ✓Investing in specific data security measures after a breach
- ✓Changing product labels or advertising claims
- ✓Revising fee disclosures or cancellation processes
- ✓Deleting improperly collected data
- ✓Making a website or service accessible
Injunctive classes and opt-outs
Under federal Rule 23(b)(2), a class can be certified when the defendant's conduct applies to the whole class and injunctive or declaratory relief is appropriate for everyone. Because the relief is the same for all, these classes usually do not allow opt-outs. Damages classes under Rule 23(b)(3) do.
A simple example
A data breach settlement includes a cash fund for affected customers and a commitment from the company to adopt specific security practices for several years. Class members file claims for cash, and the security commitments benefit everyone, including future customers.
Injunctive terms in a settlement usually have a set duration, such as a number of years, and may require the company to report on its compliance. They are often described in the settlement agreement in detail, while the short-form notice may mention them only briefly. If practice changes matter to you, the full agreement is the place to read them.
When a settlement includes both injunctive relief and cash, courts often consider the value of both parts when judging fairness and setting attorneys' fees. Objectors sometimes argue the practice changes are worth less than claimed.
Related terms
Compare with money remedies such as statutory damages. Injunctive terms are common in data breach settlements and privacy settlements.
SettleScout focuses on settlements that pay class members, and matches them to the services you use.
Frequently Asked Questions
Do I get money from injunctive relief?
No. Injunctive relief changes the defendant's behavior. Some settlements pair it with cash payments, but the injunctive part itself does not pay you.
Can I opt out of an injunctive relief class?
Usually not. Classes certified only for injunctive relief under Rule 23(b)(2) generally do not allow opt-outs.
How is injunctive relief enforced?
The court keeps jurisdiction, and class counsel can ask the court to enforce the terms if the defendant does not comply.
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