What is a class action opt-out?
A class action opt-out is a legal procedure that allows individual members of a class action lawsuit to remove themselves (opt-out) from the class action and instead pursue the claims on their own. This option is available to class members in many states, including Florida. When a class action lawsuit is filed, all potential participants in the lawsuit (class members) are included unless they choose to opt-out. Some class members may wish to opt-out due to the unique specifics of their situation. For example, if an individual has a large claim for damages, they may wish to pursue that separately and not be part of the class action and its typical smaller awards. Most class action lawsuits come with deadlines for opting out. If you miss the deadline for opting out in Florida, you are stuck in the lawsuit and may lose the right to pursue your own claim separately. If you decide to opt out, it is important that you understand the associated risks and ask a lawyer for advice. The actual opting-out process in Florida involves filing a written notice with the court. The notice must include the class action case number as well as the name of the class member (your name) and a statement that you wish to opt out of the lawsuit. Make sure to keep a copy of the notice you file. Once you opt out, you can pursue your case separately and are no longer part of the class action lawsuit.
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