What is a class action opt-out?
A class action opt-out is a legal process that allows individual members of a class action lawsuit to “opt-out” or exclude themselves from a class action settlement. This means that the individual members can pursue their own legal action and seek their own individual damages, rather than be bound by the class action settlement. In Idaho, class action opt-out decisions must be made before the final settlement is approved by the court. Generally, class members may opt-out by filing an individual written request with the court or, in some cases, with the class action attorneys. Class action opt-outs are beneficial to individual class members who may have suffered more damage than the other class members or who may wish to pursue a different legal claim. However, opting-out of a class action does not necessarily mean that the damages are added to the total class action award. Therefore, class members who opt-out usually have to pursue their own legal remedies. Furthermore, opting-out of a class action can be a risky decision. Class members who opt-out may end up with less than they would have received if they had remained part of the class action. Therefore, it is important to carefully consider and weigh each option before deciding whether to opt-out of a class action.
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