Class Action Settlement Agreement Template

This Class Action Settlement Agreement ("Agreement") is entered into on [Date] by Plaintiffs [Class Representatives] and Defendant [Defendant Name] (collectively, the "Parties") to resolve [Case Name], pending in [Court], Case No. [Number].

1. Definitions

• "Class": [Describe settlement class].
• "Effective Date": date on which settlement becomes final and non-appealable.
• "Settlement Fund": $[Amount] to be paid by Defendant for class relief, administration costs, attorneys’ fees, service awards.

2. Settlement Consideration

• Defendant shall fund Settlement Fund within [Number] days of Preliminary Approval Order.
• Non-monetary relief (policy changes, injunctive relief) described in Exhibit A with implementation timelines.

3. Allocation and Distribution Plan

• Settlement Fund allocated to class members pursuant to Plan of Allocation (Exhibit B) based on [formula].
• Claims process: claim form requirements, documentation, deadlines, deficiency cure procedure.
• Uncashed checks and residual funds distributed cy pres to [Charity] or revert as approved by Court.

4. Attorneys’ Fees and Service Awards

• Plaintiffs’ counsel may apply for fees up to $[Amount/%]; Defendant will not oppose request.
• Class representative service awards of $[Amount] each, subject to Court approval.

5. Settlement Administration

• Parties will jointly select Settlement Administrator responsible for notices, claims processing, tax filings.
• Administrator fees paid from Settlement Fund.

6. Notice Program

• Description of class notice (mail, email, publication, website) consistent with Rule 23 and Court orders.
• Notice documents attached as Exhibits C and D.

7. Releases

• Upon Effective Date, Class Members who do not opt out release Defendant from claims related to [subject matter], as detailed in Exhibit E.
• Narrowly tailored to claims asserted or that could have been asserted.

8. Opt-Out and Objection Rights

• Class Members may opt out by submitting written request by [Date].
• Objections must be filed with Court and served on counsel; objectors may appear at Final Approval Hearing.

9. Preliminary and Final Approval

• Plaintiffs will move for Preliminary Approval; hearing schedule to be set by Court.
• Final Approval Hearing to consider fairness, reasonableness, adequacy of settlement.

10. Termination

• Agreement may be terminated if more than [Number/%] class members opt out or if Court denies approval.
• If terminated, parties revert to status quo ante and Settlement Fund returned (minus administration costs incurred).

11. Representations and Warranties

• Parties warrant authority to execute Agreement and recommend approval.
• No assignment of claims; no other agreements affecting settlement.

12. Confidentiality and Public Statements

• Parties may issue mutually agreed statements; otherwise maintain confidentiality until preliminary approval.

13. Governing Law and Jurisdiction

• Agreement governed by laws of [State/Federal]; Court retains jurisdiction to enforce settlement.

14. Miscellaneous

• Entire agreement, modification requirements, counterparts, electronic signatures.

Signatures

Plaintiffs/Class Representatives: ____ Date: __

Defendant: ____ Date: __

Class Counsel: ____ Date: __

Defense Counsel: ____ Date: __

Attach detailed exhibits: Plan of Allocation, Notice program, Release language, Injunctive relief schedule, Proposed orders.