What Is Preliminary Approval?
Preliminary approval is the court's first look at a proposed settlement. It is usually the moment claims open and notices go out.
Preliminary approval is the court's initial decision that a proposed class action settlement looks good enough to send notice to class members. It is not the final word: the judge is saying the deal is likely to be approved, so the class should be told about it and given a chance to respond.
Why it matters when you file a claim
For most people, preliminary approval is when a settlement becomes real. The settlement administrator launches the official website, notices go out by mail or email, and the claim form usually opens. It also sets the key dates you need to know: the claim deadline, the exclusion deadline, the objection deadline, and the date of the final approval hearing.
What the court looks at
Under Rule 23 of the Federal Rules of Civil Procedure, a federal judge considers whether the court will likely be able to approve the settlement as fair, reasonable and adequate, and certify the class for settlement purposes. State courts follow their own rules, which are often similar. At this stage the judge typically reviews:
- ✓The settlement terms and how money will be divided
- ✓The proposed notice plan and claim form
- ✓The proposed class definition
- ✓Requested attorneys' fees, which are decided later
A simple example
A company and the plaintiffs reach a deal and ask the court to approve it. The judge grants preliminary approval and schedules a fairness hearing several months out. During that window, you receive an email notice, visit the official site and file your claim. Payments still wait until after final approval.
Preliminary approval is also a good moment to check that a settlement is legitimate. The order will be on the court's docket, the case number will appear in the notice, and the official website will be run by a named settlement administrator. If an email or text claims a settlement is open but you cannot find a matching court order, treat it with caution. Real settlements never ask you to pay a fee to file.
Related terms
Preliminary approval comes before the fairness hearing and final approval. A settlement can still be rejected or revised after preliminary approval, though that is uncommon.
SettleScout picks up settlements around the time they open for claims and alerts you if they match brands or services you use.
Frequently Asked Questions
Can I file a claim after preliminary approval?
Usually yes. Most settlements open claims shortly after preliminary approval, but check the official settlement website for the actual start date.
Does preliminary approval mean I will get paid?
No. The court still has to grant final approval, and any appeals must be resolved before payments are made.
How long after preliminary approval is the final hearing?
It varies by case, but it is commonly a few months to allow time for notice, claims, objections and opt-outs.
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