Opt-Out

Opting out is how a class member tells the court they want to be excluded from the certified class. By opting out, you give up any share of the settlement fund. In exchange, you keep the right to file your own individual lawsuit. You opt out by sending a written request to the administrator before the exclusion deadline (which is usually before the claim deadline). The request usually has to be in writing, with your name, address, and case caption, signed and mailed to a specific address. Some administrators now accept secure online opt-out forms. Opting out makes sense if you have documented losses much larger than the class average, you have a strong individual case, or you object to the settlement terms but do not want to wait for the judge's ruling on objections. For most consumers, the class fund is the better option because individual lawsuits are expensive. If you do nothing, you stay in the class and are bound by the settlement, but you also do not collect a payment unless you file a claim.