What is an opt-in class action lawsuit?

An opt-in class action lawsuit is a type of class action lawsuit where plaintiffs must actively join and participate in the lawsuit. In an opt-in class action, plaintiffs must formally request to be part of the lawsuit and sign documents to agree to the terms. Because the plaintiffs must choose to be part of the lawsuit, opt-in class actions are generally narrower in scope than more traditional class action lawsuits. In Hawaii, opt-in class actions can be brought when plaintiffs have grievances in common against a defendant or defendants, and the relief sought is less than $100,000 for each plaintiff. This means that the damages the plaintiffs are seeking must be relatively small and relatively similar. If the damages sought are larger, or vary greatly, an opt-in class action may not be the most suitable form of action. Opt-in class action lawsuits serve an important purpose in Hawaii—they promote fairness both to the defendants and the plaintiffs. By allowing the plaintiffs to actively choose to be part of the lawsuit and sign documents agreeing to the terms, defendants have the certainty that they are not being unduly subject to litigation. For plaintiffs, they have the assurance that the relief they are seeking is reasonable and that they have a voice in the action.

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What is an opt-in class action lawsuit?

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