Electronic Class Notice May Be The Best Notice Practicable
Law360, New York ( April 13, 2016, 10:49 AM EDT) -- In class actions brought in federal court pursuant to Federal Rule of Civil Procedure 23(b)(3), the federal rules and due process require the court to "direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort."[1] Historically, to satisfy these requirements, courts have approved notice plans that consisted of direct notice via first-class mail (where class members are identifiable and contact information is available) combined with publication notice disseminated through traditional forms of media (e.g., newspaper, magazine, television or radio). However, many perceive these traditional forms of notice as antiquated or outdated, and certainly not "the best notice that is practicable under the circumstances."...
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