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Objecting to A Class Action Settlement

If there has been a settlement or a judgment, typically notice has been sent out to the class members advising them of the award or the settlement, and the terms of the settlement. The notice gives them a time and place to object to the class action settlement, and if you truly are upset about the amount of settlement or how much you are getting paid, then there is always a mechanism for you within the settlement to file a written objection. You may also appear at a final hearing.

When a class action is settled, it’s not just an agreement between the plaintiffs, their attorneys and the defendant. It needs to be approved by the federal court or the State court, whichever is overseeing the matter. The judge has to decide whether it is reasonable and fair, and that is a mechanism to protect the class as a whole, so that there is no collusion between the plaintiff’s counsel and defendants. The judge will always conduct a hearing about whether or not it is fair and reasonable, and the class members are welcome and advised in the notice of the settlement of the date and time of that, and of their ability to show up and raise concerns.