Class Action Fairness Act
(CAFA) Settlement Notice

Summary

This template is a Class Action Fairness Act (CAFA) Settlement Notice that is used to provide notice of the proposed settlement of a class action to the appropriate state officials in every state in which a class member resides. It contains practical guidance and drafting notes. This template is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. The CAFA notice must be served within 10 days of filing a proposed settlement with the court. Under CAFA, a notice of a proposed settlement must include (1) a copy of the complaint, any materials filed therewith, and any amended complaints; (2) notice of any scheduled hearings; (3) any proposed or final notice of the proposed settlement to class members, which must inform the class members of their "opt out" rights; (4) any proposed or final settlement agreement; (5) any other agreement contemporaneously made between class counsel and defendants' counsel; (6) any final judgment or notice of dismissal; (7) at least a reasonable estimate of the number of class members residing in each state and the estimated proportionate share of the claims of such members to the entire settlement; and (8) any judicial opinion in the case relating to the materials described in subparagraphs (3) through (6). In addition, CAFA requires that the defendant provide notice of the proposed settlement to the U.S. Attorney General. For information on notice and settlement issues in the CAFA context, see Class Action Settlement (Federal). For additional related practical guidance, see Settlements of FRCP Rule 23 Wage and Hour Class Actions and Hybrid Wage and Hour Section 216(b) FLSA Collective and Rule 23 Class Actions.