Notice of Class Action Settlement - Alabama

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

IF YOU [DESCRIBE THE CLASS — e.g., "PURCHASED [PRODUCT] IN ALABAMA BETWEEN [DATE] AND [DATE]"], A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.

A court authorized this Notice. This is not a solicitation from a lawyer. You are not being sued.

Please read this Notice carefully. Your legal rights are affected whether or not you act.

THE CASE

The people who sued are the "Plaintiffs" or "Class Representatives." The party they sued, [DEFENDANT NAME], is the "Defendant." Together, the people on whose behalf the case was brought are the "Class" or "Class Members."

SUMMARY OF YOUR RIGHTS AND KEY DEADLINES

I. WHY YOU GOT THIS NOTICE

Records indicate that you may be a member of the Class because you [________________________________] during the period from [__/__/____] to [__/__/____] (the "Class Period").

The Court has preliminarily approved a proposed settlement (the "Settlement") of this class action and has directed that this Notice be sent to you. The Court has not yet decided whether to give final approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights and options before the Court decides whether to approve the Settlement.

II. WHAT THE LAWSUIT IS ABOUT

The Class Representatives claim that the Defendant [________________________________]. Specifically, the lawsuit alleges:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

The Defendant denies these allegations and denies that it did anything wrong or unlawful. The Court has not decided which side is right. Both sides have agreed to the Settlement to avoid the cost, risk, and delay of further litigation and trial.

III. THE PROPOSED SETTLEMENT

A. Who Is Included — The Settlement Class

You are a member of the Settlement Class if you fit this definition:

Settlement Class: All persons [in the State of Alabama] who [________________________________] during the Class Period from [__/__/____] to [__/__/____].

Excluded from the Settlement Class: the Defendant and its officers, directors, employees, and legal representatives; the judge presiding over this case and court staff and their immediate families; all persons who timely and validly exclude themselves; and [________________________________].

If you are not sure whether you are included, call [____] or visit [________________________________].

B. What the Settlement Provides

Monetary relief. The Defendant has agreed to pay $[____] to create a Settlement Fund. After Court-approved attorney's fees and costs, any service award(s) to the Class Representative(s), and notice and administration costs are deducted, the remaining "Net Settlement Fund" will be distributed to Class Members [who submit valid claims].

Estimated payment. Each participating Class Member is estimated to receive approximately $[____]. The actual amount may be higher or lower depending on the number of valid claims and the final amounts the Court approves.

Non-monetary relief. The Defendant has also agreed to:

☐ [________________________________]
☐ [________________________________]

C. The Release — What You Give Up

If the Settlement is approved and becomes final and you do not exclude yourself, you will be bound by the Settlement and will release (give up) your right to sue the Defendant for the claims described in the Settlement Agreement. The exact released claims are set out in the Settlement Agreement, which is available at [________________________________]. Read the release language carefully before deciding what to do.

IV. YOUR OPTIONS AND DEADLINES

Option 1 — Submit a Claim (Deadline: [__/__/____])

To receive a Settlement benefit, you must complete and submit a Claim Form.

☐ Submit online at: [________________________________]
☐ Or mail a Claim Form (postmarked by the deadline) to the Settlement Administrator at the address below.

Your Claim Form must be submitted online or postmarked by [__/__/____].

Option 2 — Exclude Yourself From the Class (Deadline: [__/__/____])

If you do not want to be bound by the Settlement and want to keep your right to sue the Defendant on your own, you must exclude yourself ("opt out"). To opt out, send a written request to the Settlement Administrator that includes:

1. Your name, address, and telephone number;
2. The case name and number: [PLAINTIFF] v. [DEFENDANT], Case No. [________];
3. A clear statement that you want to be excluded from the Settlement Class in this case; and
4. Your signature.

Mail your request, postmarked by [__/__/____], to:

[________] Settlement Administrator
[________________________________]
[________________________________]

If you exclude yourself: you will get no Settlement benefit; you will not be bound by the judgment; and you keep any right you may have to sue the Defendant separately.

Option 3 — Object to the Settlement (Deadline: [__/__/____])

If you are a Class Member and do not exclude yourself, you may object to the Settlement if you think it is not fair, reasonable, or adequate. Your written objection should include:

1. Your name, address, telephone number, and signature;
2. The case name and number: [PLAINTIFF] v. [DEFENDANT], Case No. [________];
3. A statement that you are a member of the Settlement Class and the basis for that statement;
4. A statement of each objection and the specific reasons supporting it, with any documents or legal authority you rely on; and
5. Whether you (or your attorney) intend to appear at the Fairness Hearing.

You must file your objection with the Clerk of the Circuit Court of [________] County and send copies to Class Counsel and Defendant's Counsel (addresses in Section VII), filed and mailed by [__/__/____].

V. THE FAIRNESS HEARING

The Court will hold a Fairness Hearing (final approval hearing) to decide whether the Settlement is fair, reasonable, and adequate, and whether to approve it. At the hearing the Court will also consider Class Counsel's request for attorney's fees and costs and any service award(s).

You do not have to attend. Class Counsel will represent the Class. You may attend at your own expense, and if you filed a timely objection and stated that you intend to appear, you may ask the Court for permission to speak. The hearing date may change without further mailed notice; check [________________________________] for updates.

VI. THE LAWYERS AND ATTORNEY'S FEES

The Court has appointed the following lawyers to represent the Class ("Class Counsel"):

[________________________________]
[________________________________]
Telephone: [____] · Email: [____]

You do not have to pay Class Counsel yourself. Class Counsel will ask the Court to approve attorney's fees of up to $[____] [or up to [____]% of the Settlement Fund], reimbursement of costs up to $[____], and service award(s) of $[____] to each Class Representative. The Court will decide the amounts. These amounts will be paid from the Settlement Fund. You may hire your own lawyer at your own expense if you wish.

VII. HOW TO GET MORE INFORMATION

This Notice summarizes the Settlement. The complete Settlement Agreement and other court papers control. For more information:

Settlement Website: [________________________________]
Toll-Free: [____]
Settlement Administrator (mail): [________] Settlement Administrator, [________________________________]

Class Counsel: [________________________________]

Defendant's Counsel: [________________________________]

You may also review filings at the Office of the Clerk, Circuit Court of [________] County, Alabama. Please do not contact the Court or the Clerk for advice about your options.

BY ORDER OF THE CIRCUIT COURT OF [________] COUNTY, ALABAMA

Dated: [__/__/____]

Alabama Practice Notes

• Governing notice/approval rule. Alabama class actions are governed by Ala. R. Civ. P. 23, substantially amended effective May 1, 2021 to conform to modern practice and to the certification statutes at Ala. Code §§ 6-5-640 to -642. Settlement, voluntary dismissal, or compromise of a class action requires the court's approval under Ala. R. Civ. P. 23(e). Notice is governed by Ala. R. Civ. P. 23(c)(2).
• Best-notice-practicable / due-process standard. For a damages class certified under Rule 23(b)(3) — or for a class proposed to be certified for settlement purposes — the court "must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort." The 2021 amendments expressly authorize notice by U.S. mail, electronic means, or other appropriate means, recognizing modern notice technology. This codifies the constitutional baseline of Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974), and Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950).
• Certification predicate. Ala. Code § 6-5-641 requires the court to conduct a rigorous analysis and, on any party's motion, a recorded full evidentiary hearing before certifying a class, and to enter a written order addressing the certifying factors. For a settlement-only class, confirm the court has made (or will make) the required findings. Under § 6-5-642, an order granting or denying certification is immediately appealable within 42 days, and the action is stayed during the appeal — relevant to settlement timing.
• Opt-out and objection mechanics. Rule 23(c)(2) requires the notice to advise members that the court will exclude any member who requests exclusion by a specified date, that the judgment binds all who do not opt out, and that a non-excluded member may appear through counsel. Set the exclusion and objection deadlines and methods to match the court's order. Alabama's Rule 23(e) does not contain the federal Rule 23(e)(5) objection-specificity or objector-payment provisions verbatim; courts impose objection requirements by order.
• Fairness-hearing standard. Although Alabama's Rule 23(e) text does not itself enumerate the federal Rule 23(e)(2)(A)-(D) factors, Alabama courts evaluate proposed class settlements for whether they are fair, reasonable, and adequate, and a hearing is the standard practice. Frame the final-approval showing around that standard and the considerations courts commonly weigh (adequacy of representation, arm's-length negotiation, adequacy of relief, and equitable treatment of class members).
• CAFA notice to officials. If the action is or could be subject to the federal Class Action Fairness Act (e.g., removed or filed in federal court, or otherwise within CAFA's scope), the defendant must serve the settlement materials on the appropriate federal and state officials (including the Alabama Attorney General) under 28 U.S.C. § 1715, and the court may not issue final approval until at least 90 days after that service. CAFA notice is separate from, and in addition to, class-member notice.
• Unsettled / flag. The degree to which Alabama courts will import the post-2018 federal Rule 23(e)(2) settlement-approval factors and Rule 23(e)(5) objection procedures — which are not in the Alabama rule's text — is not fully settled; confirm the presiding judge's expectations. Whether CAFA applies is fact-specific. Verify all rule citations and the current text of Ala. R. Civ. P. 23 before filing.

Sources and References

• Ala. R. Civ. P. 23 (Alabama Judicial System; rule text and 2021 amendments) — https://judicial.alabama.gov/docs/library/rules/cv23.pdf
• In re Amendments to Ala. R. Civ. P. 23 (Ala. Sup. Ct. Mar. 31, 2021, eff. May 1, 2021) — https://www.alabar.org/assets/2021/04/R.23-Ala.-R.-Civ.-P..pdf
• Ala. Code § 6-5-641 (certification of classes) — https://law.justia.com/codes/alabama/title-6/chapter-5/article-33/section-6-5-641/
• Ala. Code § 6-5-642 (appeal of certification order) — https://law.justia.com/codes/alabama/title-6/chapter-5/article-33/section-6-5-642/
• Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974); Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950); Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985)
• Class Action Fairness Act, 28 U.S.C. § 1715

This Notice template is for informational purposes only and does not constitute legal advice. The form and method of class settlement notice must be approved by the court. Consult experienced Alabama class action counsel before use.