Kinsella, Katherine; Wheatman, Shannon --- "Class Notice and Claims Administration" [2012] ELECD 857; in Foer, A. Albert; Stutz, M. Randy (eds), "Private Enforcement of Antitrust Law in the United States" (Edward Elgar Publishing, 2012)

Book Title: Private Enforcement of Antitrust Law in the United States

Editor(s): Foer, A. Albert; Stutz, M. Randy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939593

Section: Chapter 13

Section Title: Class Notice and Claims Administration

Author(s): Kinsella, Katherine; Wheatman, Shannon

Number of pages: 11

Extract:

13 Class notice and claims administration
Katherine Kinsella and Shannon Wheatman1


§ 13.01 Introduction
§ 13.02 Overview
§ 13.03 Individual notice
§ 13.04 Paid media notice
13.04.1 Identifying a target demographic and selecting media
13.04.2 Measuring media-based notice
13.04.3 Determining the adequacy of notice
13.04.4 Content and design of notice
§ 13.05 Class Action Fairness Act
§ 13.06 Administering a class action
13.06.1 Data concerns
13.06.2 Communicating with class members
13.06.3 Claims processing
§ 13.07 Conclusion

§ 13.01 Introduction

Much has been written and discussed about the negative aspects of class action litiga-
tion, both in antitrust and in other areas of law.2 To be sure, the class action device is far
from perfect. Of the many concerns raised by critics, perhaps the most serious involves
the threat posed to fundamental due process rights. The opportunity to be heard is a
pillar of our due process guarantees, but in class action litigation, rank-and-file class
members do not control the litigation; they leave their legal fate in the hands of lead
plaintiffs. At least in theory, therefore, class actions may present a problem. In practice,
however, since modern class action litigation emerged over 70 years ago, federal and
state laws have evolved safeguards to protect the due process rights of class members.
They do this most prominently by requiring lead plaintiffs and their lawyers to notify
potential members of the class that litigation ...