Can individual class members opt out of a class action settlement?

Yes, individual class members can opt out of a class action settlement in Washington. Opting out of a class action suit allows an individual to pursue their claims independently of the class. However, they must take active steps to notify the court and other parties of their intention to opt out. The notice must be made in writing and must include the individual’s name and address as well as a declaration that they elect to opt out of the class action settlement. If a class member chooses to opt out, they will not be bound by the class action settlement and will be excluded from any recovery obtained in the suit. This means that if the class obtains a settlement or judgment, the individual will not be entitled to recoup any money from the case. Similarly, if the class loses the case, the individual will not be bound by the court’s decision. In opting out, the individual is also barred from participating in any appeal that may be brought by the class. An individual who opts out of a class action suit also risks added expenses of pursuing their case independently; for example, they may have to pay to hire a lawyer and go through discovery and trial. If a class member decides to opt out, they should consult a lawyer first to make sure they understand the potential risks and benefits of doing so.

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