Durham, NC asked in Consumer Law for North Carolina

Q: A class action notice went to email spam and I have missed the opt-out date by less than 2 months. Can I still opt-out?

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1 Lawyer Answer
Adam Savett
Adam Savett
  • Consumer Law Lawyer
  • Allentown, PA

A: Generally no, but you can try. Part of it depends on the type of case, and part of it depends on how far along the case is. Sometimes, you will get a second opportunity to opt-out later on.

If you still want to opt-out, you need to follow the directions in the class action notice.

If your opt-out request is denied, you can petition the Court (respectfully) to reconsider the decision of the notice administrator.

But the real question is why do you want to opt-out?

Unless you suffered large individual damages, you are almost always going to be better off staying in the class action instead of hiring (and paying) your own lawyer to pursue an individual case.

If you don't like the case, or the settlement (you don't specify if the notice was simply that a class was certified or that a settlement was reached) then you can object instead. Again, follow the directions in the class action notice.

Best of luck.

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