What is a class action opt-out?

A class action opt-out is when people who are part of a class action lawsuit decide to deny the settlement or outcome of the case and either pursue their own individual lawsuit or simply choose not to take any legal action. This is sometimes referred to as an “opt-out” or “exclusion” from the lawsuit. People who opt-out of the class action lawsuit are not bound by the settlement or outcome and can pursue their own individual action. In West Virginia, opting out of a class action lawsuit can be beneficial if the outcome of the lawsuit is not beneficial to the interests of the person opting out. If a settlement is reached and it is felt that an individual would be better served pursuing their own legal action, they may opt out. As well, if the individual believes that the settlement does not adequately compensate them for their harm or losses, they may opt out and pursue their own litigation. It is important to note that opting out of a class action lawsuit is not a decision to be made lightly. Before opting out, an individual should thoroughly analyze the settlement as well as the potential costs associated with opting out and pursuing a separate action. It is also best to seek legal advice or consult a lawyer before making a decision.

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What is a class action opt-out?

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