Notice of Class Action Settlement - Colorado

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

IF YOU [________________________________], A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.

A Colorado state 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.

CASE IDENTIFICATION

SUMMARY OF YOUR RIGHTS AND KEY DEADLINES

I. WHY DID YOU GET THIS NOTICE?

Records [of [Defendant] / maintained by [________________________________]] indicate that you may be a member of a class of persons affected by a proposed settlement of the lawsuit identified above. This Notice explains the lawsuit, the proposed Settlement, your legal rights and options, and the deadlines to act.

The Court has preliminarily approved the Settlement and authorized that this Notice be sent. The Court has not yet decided whether to grant final approval.

II. WHAT IS THIS LAWSUIT ABOUT?

The persons who sued are called the "Class Representative(s)" or "Plaintiff(s)." The party they sued, [DEFENDANT NAME], is the "Defendant."

Plaintiff alleges that Defendant [________________________________]. Specifically, the lawsuit claims:

☐ [________________________________]

☐ [________________________________]

☐ [________________________________]

Defendant denies all of the claims and denies any wrongdoing or liability. The Court has not decided who is right. The parties have agreed to settle to avoid the cost, risk, and delay of continued litigation.

III. THE PROPOSED SETTLEMENT

A. Who Is in the Class

The Court has [conditionally / for settlement purposes] certified the following Settlement Class:

Settlement Class: All persons [in Colorado / nationwide] who [________________________________] during the period from [__/__/____] through [__/__/____] (the "Class Period").

Excluded from the Class: Defendant and its officers, directors, employees, and affiliates; the judicial officers assigned to this case and their immediate families and staff; all persons who timely and validly exclude themselves; and [________________________________].

B. Settlement Benefits

Defendant has agreed to provide the following:

• Monetary relief: [$[________________________________] Settlement Fund / payment of up to $[________________________________] per Class Member / [________________________________]].
• Non-monetary / prospective relief: [________________________________].
• Estimated individual recovery: approximately $[________________________________] per eligible Class Member (the actual amount may vary based on the number of valid claims).

C. The Release — What You Give Up

If the Settlement is approved and becomes final, Class Members who do not exclude themselves will release Defendant from the claims described in the Settlement Agreement. In general, you will give up the right to sue Defendant for [________________________________]. The exact released claims are set out in the Settlement Agreement, available at [________________________________].

IV. YOUR OPTIONS AND DEADLINES

Option 1 — Submit a Claim (to receive a benefit, if required)

[If a claim form is required:] To receive a Settlement benefit you must submit a Claim Form online at [________________________________] or by mail to the Settlement Administrator, postmarked by [__/__/____].

☐ Complete the Claim Form
☐ Attach any required proof: [________________________________]
☐ Sign and submit by the deadline

[If no claim is required:] You do not need to do anything to receive your benefit; it will be [mailed / credited] automatically if the Settlement is approved.

Option 2 — Exclude Yourself (Opt Out)

If you do not want to be bound by the Settlement and want to keep your right to sue Defendant on your own, you must exclude yourself. Send a written request for exclusion to the Settlement Administrator that includes:

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

Settlement Administrator
[________________________________]
[________________________________]

Your exclusion request must be postmarked by [__/__/____]. If you exclude yourself, you will receive no benefit and will not be bound by the judgment.

Option 3 — Object to the Settlement

If you are a Class Member and do not exclude yourself, you may object. A written objection should include:

1. Your name, address, telephone number, and signature;
2. The case name and number;
3. A statement that you are a Class Member;
4. The specific reasons for your objection and any supporting materials; and
5. Whether you (or your attorney) intend to appear at the Fairness Hearing.

File your objection with the Clerk of the District Court, [________________________________] County, and serve copies on Class Counsel and Defendant's Counsel (addresses in Section VI), postmarked/filed by [__/__/____].

V. THE FAIRNESS HEARING

The Court will hold a Fairness Hearing to decide whether the Settlement is fundamentally fair, adequate, and reasonable and whether to grant final approval, and to consider Class Counsel's request for attorney fees and any service award.

You are not required to attend. You may attend at your own expense. If you filed a timely objection and stated that you wish to be heard, you may ask the Court to let you speak at the hearing. The date may change without further notice; check [________________________________] for updates.

VI. CLASS COUNSEL AND ATTORNEY FEES

The Court has appointed the following as Class Counsel:

[________________________________]
[Firm Name]
[Address]
Telephone: [________________________________]
Email: [________________________________]

You do not have to pay Class Counsel out of pocket. Class Counsel will ask the Court to approve attorney fees of up to $[________________________________] [or up to [____]% of the Settlement Fund], plus reimbursement of litigation costs of up to $[________________________________], and a service award of up to $[________________________________] to each Class Representative. The Court will decide the amounts. You may hire your own lawyer at your own expense.

Defendant's Counsel: [________________________________], [Address].

VII. HOW TO GET MORE INFORMATION

• Settlement Website: [________________________________]
• Toll-Free Telephone: [________________________________]
• Mail: Settlement Administrator, [________________________________]
• Court file: You may review the papers on file at the Office of the Clerk, District Court, [________________________________] County, Colorado.

Please do not contact the Court or the Clerk with questions about the Settlement.

DATED: [__/__/____]

BY ORDER OF THE DISTRICT COURT, [________________________________] COUNTY, COLORADO

Colorado Practice Notes

• Governing rule. Class settlements in Colorado state court are governed by C.R.C.P. 23(e), which provides that a class claim "shall not be dismissed or compromised without the approval of the court," and that notice of the proposed dismissal or compromise "shall be given to all members of the class in such manner as the court directs." Notice and exclusion rights for (b)(3) classes are governed by C.R.C.P. 23(c)(2), and the court's general power to order notice in conducting the action arises under C.R.C.P. 23(d).
• Approval standard. Colorado does not have the federal Rule 23(e)(2) statutory factor checklist (added to the federal rule in 2018; C.R.C.P. 23 tracks the older federal text). The controlling standard is judge-made: a class settlement must be "fundamentally fair, adequate, and reasonable." Higley v. Kidder, Peabody & Co., Inc., 920 P.2d 884, 884 (Colo. App. 1996). Colorado courts consider non-exclusive factors including the strength of the plaintiff's case, the risk/expense/complexity and likely duration of further litigation, the amount offered in settlement, the stage of proceedings and discovery completed, the experience and views of counsel, and the reaction of the class (presence or absence of objectors). Practitioners frequently cite federal authority because Colorado class-settlement case law is limited.
• Due process / "best notice." Notice must satisfy due process. Colorado courts look to Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950), and federal practice, requiring the "best notice practicable under the circumstances," including individual notice to members identifiable through reasonable effort.
• Opt-out and objection mechanics. Exclusion is available for (b)(3) damages classes under C.R.C.P. 23(c)(2); there is generally no opt-out from mandatory (b)(1)/(b)(2) classes. Objections are made to the trial court; the court sets the procedure and deadlines in the preliminary-approval/notice order.
• Fairness hearing. A hearing on final approval is the universal practice and is contemplated by C.R.C.P. 23(e), though the rule's text directs the manner of notice and approval to the court's discretion rather than prescribing a rigid two-stage federal process.
• Unsettled / flag. Because C.R.C.P. 23 lacks the modern federal Rule 23(e) text, confirm with the assigned division whether it expects briefing on the federal Rule 23(e)(2) factors. Confirm the current text of C.R.C.P. 23 (consult the official Colorado Rules of Civil Procedure) before filing, as the rule may be amended.

Sources and References

• C.R.C.P. 23(c)(2), (d), (e) — Colorado Rules of Civil Procedure (official: Colorado Judicial Branch / Colorado Revised Statutes court rules volume)
• Higley v. Kidder, Peabody & Co., Inc., 920 P.2d 884 (Colo. App. 1996)
• Friends of Chamber Music v. City & County of Denver, 696 P.2d 309 (Colo. 1985)
• Mountain States Tel. & Tel. Co. v. District Court, 778 P.2d 667 (Colo. 1989)
• Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) (due-process notice standard)

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