Time To Allow More Streamlined Class Action Notice Formats

Law360 Guest Article and Expert Analysis By Gina Intrepido-Bowden

7/21/2021 1:00:00 PM

The following is excerpted from an article originally published by Law360.

Gina Intrepido-Bowden

Law360 (July 20, 2021, 5:14 PM EDT) -- The content requirements for class notice established by Federal Rule of Civil Procedure 23 and the fourth edition of the Manual for Complex Litigation, as well as relevant state rules and codes, were last updated in 2018 to accommodate the proliferation of the internet and emerging methods of communication.

While the 2018 amendments remain applicable and reasonable for a long-form or detailed notice, I would argue that given today's fast-paced, "no time to read" world, these content requirements are inappropriate for short-form notices. 2021 raises the question: Is it necessary to include all required content in a short-form or summary notice?

Over the past decade — and notably, over the last year — there have been significant changes in the way we communicate and receive information. In developed countries, technology adoption is soaring.

People expect quick and easy communication, as indicated by the spread of the internet acronym TL;DR, meaning "too long; didn't read." This article authored by Gina Intrepido-Bowden, legal notice expert and VP of JND, provides four arguments in support of shorter short-form notices ― after all, "short" is the name of the game.

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