Notice of Class Action Settlement - Arizona

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

IF YOU [DESCRIBE THE CLASS — e.g., "PURCHASED [PRODUCT] IN ARIZONA 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." 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 Class Member because you [________________________________] during the period from [__/__/____] to [__/__/____] (the "Class Period").

The Court has directed that notice of a proposed settlement (the "Settlement") be sent to all Class Members who would be bound by it. The Court has not yet decided whether to give final approval. This Notice explains the lawsuit, the Settlement, and your rights and options.

II. WHAT THE LAWSUIT IS ABOUT

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

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

The Defendant denies these allegations and denies any wrongdoing or liability. The Court has not decided who is right. Both sides agreed to settle to avoid the cost, risk, and delay of continued litigation.

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 Arizona] 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 unsure 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), 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 vary depending on the number of valid claims and the final amounts the Court approves.

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

☐ [________________________________]
☐ [________________________________]

Residual funds. If any funds remain after distribution and it is impractical to make further distributions, the remaining "Residual Funds" will be disbursed as the Court directs, which under Ariz. R. Civ. P. 23(i) may include the Arizona Foundation for Legal Services and Education unless the parties jointly direct otherwise or a statute controls.

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 it and will release your right to sue the Defendant for the claims described in the Settlement Agreement. The exact released claims appear in the Settlement Agreement, available at [________________________________]. Read the release carefully before deciding.

IV. YOUR OPTIONS AND DEADLINES

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

To receive a Settlement benefit, 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"). 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; 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 under Ariz. R. Civ. P. 23(e)(5). Your written objection must state whether it applies only to you, to a specific subset of the Class, or to the entire Class, and must state the grounds for the objection with specificity. It 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 Class Member and the basis for that statement;
4. Each specific objection and the supporting reasons, with any documents or legal authority; and
5. Whether you (or your attorney) intend to appear at the Fairness Hearing.

File your objection with the Clerk of the Superior 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 under Ariz. R. Civ. P. 23(e)(2). In making that decision the Court will consider whether the Class Representatives and Class Counsel adequately represented the Class; whether the Settlement was negotiated at arm's length; whether the relief for the Class is adequate; and whether the Settlement treats Class Members equitably relative to each other. 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 said 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, by motion under Ariz. R. Civ. P. 23(h), 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, which 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 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 of the Superior Court of [________] County. Please do not contact the Court or the Clerk for advice about your options.

BY ORDER OF THE SUPERIOR COURT OF [________] COUNTY, ARIZONA

Dated: [__/__/____]

Arizona Practice Notes

• Governing notice/approval rule. Arizona class actions are governed by Ariz. R. Civ. P. 23, adopted September 2, 2016, effective January 1, 2017, and amended through 2025. The rule was restyled to track the federal rule. Settlement, voluntary dismissal, or compromise of a certified class — or a class proposed to be certified for settlement — requires court approval under Rule 23(e).
• Front-loaded notice; approval standard. Under Rule 23(e)(1), the parties must give the court information sufficient to decide whether to direct notice, and the court directs notice to all members who would be bound only if the parties show the court will likely be able to (i) approve the proposal under Rule 23(e)(2) and (ii) certify the class for judgment. Under Rule 23(e)(2), the court may approve a binding settlement only after a hearing and on finding it fair, reasonable, and adequate, considering: (A) adequacy of representation by the class representatives and class counsel; (B) whether the proposal was negotiated at arm's length; (C) whether the relief for the class is adequate (taking into account litigation costs/risks/delay, the effectiveness of the distribution method, the terms of any fee award including timing, and any Rule 23(e)(3) agreement); and (D) whether class members are treated equitably relative to each other.
• Best-notice-practicable / due-process standard. Class notice content and method are governed by Rule 23(c)(2): for a (b)(3) class (or a class proposed for settlement under (b)(3)), the court must direct the "best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort," by U.S. mail, electronic means, or other appropriate means, stated in plain, easily understood language. This implements Mullane, Eisen, and Shutts.
• Opt-out and objection mechanics. Exclusion procedure and deadline are set by the court's order and described in the notice (Rule 23(c)(2)). Rule 23(e)(4) authorizes the court to require a new (second) opportunity to opt out for members of a previously certified (b)(3) class. Rule 23(e)(5) requires objections to state whether they apply to the objector, a subset, or the whole class, and to state the grounds; Rule 23(e)(5)(B) requires court approval after a hearing for any payment in connection with forgoing/withdrawing an objection or an appeal.
• Side agreements. Under Rule 23(e)(3), the parties seeking approval must file a statement identifying any agreement made in connection with the proposal.
• Residual funds (cy pres). Rule 23(i) governs disposition of residual funds and directs them, absent contrary statute or joint direction by the parties, to the Arizona Foundation for Legal Services and Education for grants to Arizona legal-services nonprofits.
• CAFA notice to officials. If the action is or could be subject to the federal Class Action Fairness Act, the defendant must serve the settlement materials on the appropriate federal and state officials (including the Arizona Attorney General) under 28 U.S.C. § 1715, and final approval cannot occur until at least 90 days after that service. This is separate from class-member notice.
• Unsettled / flag. Although Arizona's Rule 23(e) mirrors the federal text, Arizona appellate guidance interpreting the 2017+ rule is still developing; federal authority interpreting Fed. R. Civ. P. 23(e)(2) is persuasive but not binding. Confirm the current rule text (last amended effective Jan. 1, 2025) and the presiding judge's settlement-approval procedures, and verify whether CAFA applies.

Sources and References

• Ariz. R. Civ. P. 23 (full rule text, incl. 23(e), 23(c)(2), 23(h), 23(i)) — https://www.courtrules.net/arizona/az-civil-procedure/rule-23
• Ariz. R. Civ. P. 23 (official, Arizona Court Rules / Westlaw) — https://govt.westlaw.com/azrules/Document/NCD01F031750411EF8D549C20E2F61CC4
• Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950); Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974); 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 Arizona class action counsel before use.