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Class Action Survey: What is the Most Widely Used Condition of Class Action Settlements?
February 12, 2020

According to the 2019 Carlton Fields Class Action Survey, affirmative claim requirements remain the most widely used condition of class action settlements. Nearly 79% of companies required an affirmative claim for payment as a class action settlement condition in 2018, a percentage that has incrementally, but steadily, increased over the last several years. Companies also were more likely in 2018 to differentiate among categories of class members, require a showing of actual injury, and include cy pres provisions in class action settlements. Non-monetary elements of compensation and structured payouts are reported as the least-used settlement conditions.
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