Digital Notice Campaigns
For any class certified under Rule 23(b)(3), the Court must direct to class members the best notice that is practical under the circumstances, including individual notice to all members who can be identified through reasonable effort.
Rule 23(c)(2)(b), Federal Rules of Civil Procedure
With the changing media landscape and the ongoing departure of readers from print to digital, the once black-and-white question of what constitutes the “best notice practicable under the circumstances” has become far less clear. While print publications were the only practical option for notification of unidentified absent class members prior to the modern digital age, the shift towards digital media and advertisement results in a similar shift to electronic class notice.
This shift to digital notice is made apparent by the new language proposed by the 2016 Advisory Committee is now recommending a significant change to Rule 23(c)(2)(b), that being the inclusion of “electronic means” as a viable notification. Electronic forms of notice range from email to social media advertisement to dedicated class action notice sites.
The use of designated class action notice sites has seen a dramatic increase as the class action services market realized the power of dedicated internet sites for publishing required notices, accessing key documents, and obtaining contact information of potential class members. By leveraging the public’s curiosity about class actions in general and possible opportunity to join a class action as a plaintiff, these sites compliment and amplify the effectiveness of communication reach of social networking sites or even traditional media. Potential class members can find these sites by using search engines online, links from social networking sites, company sites involved in litigation, or even links referenced in print, television radio media. Given the general increase internet use and marketing in this modern age of technology, the popularity of these new forms such of digital notice continues to rise.
To learn more about the trend towards digital notice, Click-here to contact use and request our White Paper, Internet and Electronic Notification Methods for Rule 23: How to Enhance Reach, Conversion, and Real Time Analytics to Reduce Administrative Costs.
ATTICUS prides itself on being a premier provider of dedicated class action notice sites. By combining our expertise in digital marketing with robust project and data management tools for customize reporting and campaign tracking, our notice campaign methodology is unrivaled in the industry. Our Campaign Reporting App allows you to track your notice campaign results in real-time, ensuring you meet your reach and frequency expectations.