Toolkit · Litigation

The Class Action and Mass Claim Toolkit

28 U.S.C. § 1715

Type
Toolkit
Jurisdiction
National
Date
2025-02-25
Topic
Litigation

This toolkit assembles the working documents of aggregate litigation. It gives drafting language and worksheets for the class definition, the certification motion and trial plan, the notice and claim form, the opt-out and objection letters a class member actually needs, the settlement agreement terms courts scrutinize, the CAFA notice to public officials, and the fee petition. It includes a defense playbook, a mass tort and multidistrict litigation track with a fact sheet and lien resolution list, a claims-administration specification, a deadline calendar, and an authority reference. Everything is drafted to be adapted, with notes on why particular wording matters.

The Class Action and Mass Claim Toolkit

Litigation > Class Actions and Mass Claims | Published 25 February 2025 - Updated 9 February 2026 | UpLaw - uplaw.us

⚠ Federal practice under Rule 23. State rules differ on interlocutory appeal, notice, and the availability of class treatment for particular claims. Adapt before use.

Tool 1 — Class definition builder

Fill the blanks, then run the three tests.

Class. All persons who [objective act: purchased / paid / were charged / were employed as] [specific product, fee, or position] in [geography] between [start date] and [end date], and [injury element: who paid the fee and did not receive a refund / whose report was furnished to a third party / who worked more than forty hours in a workweek].

Excluded: Defendant and its officers, directors, and affiliates; the judge assigned to this action and members of the judge's immediate family; and all persons who timely request exclusion.

The three tests:

☐ Objective? Can membership be determined without deciding the merits? (If not, it is fail-safe — redraft.) ☐ Ascertainable? Can the administrator identify members from records that exist? ☐ Injury-based? Is every member concretely harmed, per TransUnion LLC v. Ramirez, 594 U.S. 413 (2021)?

⭐ A fourth test, increasingly essential: does the definition route around any arbitration clause? Carving the class to exclude members bound by an enforceable waiver is standard practice and often the difference between a case and no case.

Tool 2 — Certification motion skeleton

  1. Introduction — the common contention and the single answer, in three sentences.
  2. Factual background — the instrument that supplies the common answer, quoted.
  3. The class definition.
  4. Rule 23(a) — numerosity; commonality under Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011); typicality; adequacy under Amchem Products, Inc. v. Windsor, 521 U.S. 591 (1997).
  5. Rule 23(b)(3) — predominance issue by issue; superiority.
  6. Damages model — the expert, the method, the inputs, the Rule 702 showing.
  7. Standing of absent members.
  8. Choice of law, for any multistate class.
  9. Rule 23(g) appointment of counsel.
  10. Notice plan and administrator estimate.
  11. Trial plan (Tool 3), attached.

Tool 3 — Trial plan template

Elements to be tried classwide: [list]. Common evidence for each element: [the contract, the policy, the data extract, the expert model]. Individual issues, if any, and how they will be managed: [claims process, subclasses, Rule 23(c)(4) issue trial, special master]. Damages methodology: [formula], applied to [data source], producing a per-member amount without individual testimony. Estimated trial length: [days], with [N] witnesses. Jury instructions on the classwide question: [draft attached].

⭐ Most certification motions omit this document. Judges notice. It converts an abstract predominance argument into a concrete, checkable plan.

Tool 4 — Notice template (Rule 23(c)(2)(B))

LEGAL NOTICE — [Court]. [Case Name], No. [___]

A court authorized this notice. This is not a solicitation from a lawyer.

Why am I getting this? Records show you [purchased / were charged / were employed] as described below. A class action lawsuit claims [one sentence]. [Defendant] denies any wrongdoing. The court has not decided who is right.

Am I a class member? You are a member if [definition, in plain language].

What can I get? [Amount or formula, and the basis for the estimate.]

Your options and deadlines:

Option What happens Deadline
Submit a claim You receive a payment [date]
Do nothing You stay in the class, are bound by the outcome, and receive nothing —
Exclude yourself You leave the class and keep your right to sue individually [earlier date]
Object You stay in the class and tell the court why the settlement should not be approved [date]

Lawyers. The court appointed [firm] as class counsel. They will ask for up to [__]% of the fund, to be paid from it.

The hearing. The court will hold a fairness hearing on [date] at [place]. You may attend, but you do not have to.

More information. [website] · [toll-free number] · The full case file is available on the court's public docket.

☐ Plain language throughout. ☐ Every Rule 23(c)(2)(B) element present. ☐ Deadlines in bold. ☐ Email and mail versions tested for deliverability.

Tool 5 — Claim form design rules

Every requirement costs participation. Add one only if it is genuinely necessary.

Element Effect on claims rate Use when
Pre-populated claim ID Large increase Always, where records identify members
No documentation required Large increase Where the defendant's data confirms the claim
Self-certification under penalty of perjury Small decrease Where records are incomplete
Receipt or proof of purchase Large decrease Only where fraud risk is real
Serial or model number Large decrease Only where product identity is contested
Notarization Very large decrease Almost never
Paper-only submission Large decrease Never, if an online option is possible

⭐ The best claim form is no claim form: direct payment from the defendant's own records. Courts increasingly expect it where the data supports it, and it is the single biggest driver of how much money actually reaches people.

Tool 6 — Opt-out letter (for a class member)

[Date]

[Exact address from the notice — Exclusions]

Re: [Case Name], No. [___] — Request for Exclusion

I am a member of the settlement class. I request to be excluded from the class and from any settlement in this action. I understand that I will not receive any payment and that I keep my right to bring my own lawsuit.

Name: [] · Address: [] · Telephone: [] · Claim ID (if any): [] · [Purchase/employment/account details the notice requires]

Signature: ____________________ Date: __________

☐ Sign personally. ☐ Send so delivery can be proved. ☐ Mail before the exclusion deadline — which is earlier than the claim deadline. ☐ Calendar your own limitations deadline the same day.

Tool 7 — Objection letter (for a class member)

Clerk of Court, [Court] — Re: [Case Name], No. [___]

I am a class member. [Basis for membership.] I object to the proposed settlement because:

  1. [Ground — release broader than the claims litigated / claim process too burdensome / fee measured against an undistributed fund / notice reach inadequate / no direct distribution where records permit it.]
  2. [Ground.]

This objection applies to [me / the subset described as ___ / the entire class]. I [do / do not] intend to appear at the fairness hearing.

[Signature, name, address, telephone]

⚠ Any payment in connection with withdrawing an objection requires court approval under Rule 23(e)(5). Do not accept one privately.

Tool 8 — Settlement agreement: the terms courts examine

☐ Class definition for settlement purposes, and whether it matches the litigated class. ☐ Consideration — fund amount, or claims-made ceiling, or injunctive relief valued honestly. ☐ Distribution mechanism — direct payment, claim form, or hybrid. ☐ Estimated claims rate and its basis. ☐ Release — scope, tied to the claims actually litigated; carve out personal injury unless it was litigated. ☐ Fees — amount, timing, and whether payment precedes distribution to the class. ☐ Clear-sailing clause — avoid, or justify. ☐ Kicker/reverter — avoid. ☐ Residue — redistribution first, then cy pres with a demonstrated nexus. ☐ Service awards — modest, explained, and disclosed. ☐ Injunctive or practice-change terms, with a compliance period and a reporting obligation. ☐ Termination rights if opt-outs exceed a threshold, and whether that threshold is disclosed. ☐ 28 U.S.C. § 1715 notice obligation, and who performs it. ☐ Coupon analysis under 28 U.S.C. § 1712, if any relief is a coupon. ☐ Side agreements disclosed under Rule 23(e)(3).

Tool 9 — CAFA notice to public officials

Pursuant to 28 U.S.C. § 1715, [Defendant] provides notice of the proposed class settlement in [Case Name], No. [___], filed [date] in [court].

Enclosed: the complaint and all materials filed with it; notice of any scheduled hearing; the proposed notice to class members and opt-out forms; the settlement agreement; any other agreement between the parties; any final judgment already entered; the names of class members in each state and their estimated proportionate share, or if infeasible, a reasonable estimate; and any written judicial opinion relating to these materials.

Served on: the Attorney General of the United States and the appropriate primary regulator; and the attorney general of each state in which a class member resides.

⚠ Serve within 10 days of filing the proposal. Final approval may not issue until 90 days after service. Missing this delays approval and permits a class member to refuse to be bound.

Tool 10 — Fee petition outline

  1. Method — percentage of the fund, with a lodestar cross-check.
  2. The fund, and the amount realistically expected to be distributed.
  3. Percentage requested, benchmarked to comparable settlements in the district.
  4. Risk — contingency, costs advanced, years elapsed, dispositive motions survived.
  5. Result — recovery as a percentage of maximum provable damages, plus any practice changes.
  6. Lodestar — hours by timekeeper and rate, with the resulting multiplier.
  7. Costs — itemized, with expert and administration costs separated.
  8. Service awards, with the representative's declaration of time spent.
  9. Timing — whether fees are paid before or after class distribution.
  10. Coupon compliance under § 1712, where applicable.

⭐ The single most persuasive paragraph in a modern fee petition states the fee as a percentage of money actually reaching class members. If counsel will not compute it, the court will.

Tool 11 — Claims administration specification

☐ Data intake format and fields from the defendant. ☐ Address hygiene and skip tracing for returned mail. ☐ Email deliverability testing and a second send to non-openers. ☐ Settlement website with the notice, the agreement, key filings, and a claim portal. ☐ Toll-free line with live hours and a recorded overview. ☐ Claim validation rules, including duplicate detection and fraud screens. ☐ Opt-out and objection logging, with copies to all counsel. ☐ Reminder notice before the claim deadline. ☐ Distribution method — ACH, digital payment, or check, with a stale-date policy. ☐ Residue handling and a second distribution if economical. ☐ Declaration to the court with reach, claims rate, and distribution statistics.

Tool 12 — Defense playbook

Stage Move Authority
First filing Compel arbitration Morgan v. Sundance, Inc., 596 U.S. 411 (2022)
Rule 12 Attack standing Spokeo, Inc. v. Robins, 578 U.S. 330 (2016)
Early Attack the definition — overbroad, fail-safe, uninjured members TransUnion
Discovery Develop variation evidence Dukes
Certification Attack the damages model Rule 702; Daubert, 509 U.S. 579 (1993)
Certification Choice of law and manageability Multistate consumer claims
Post-order Rule 23(f) petition — 14 days Non-extendable
Removal CAFA 28 U.S.C. § 1453; § 1332(d)

Tool 13 — Mass tort and MDL track

☐ Preserve the product, device, or exposure evidence immediately. See the civil discovery and evidence preservation toolkit. ☐ File individually within your own limitations period. Consolidation does not extend it. ☐ Complete the plaintiff fact sheet fully and on time — the leading cause of MDL dismissal. ☐ Assemble medical records and the exposure chronology. See obtaining, correcting, and protecting medical records. ☐ Track general causation rulings — an adverse expert ruling can end the entire litigation. ☐ Understand the bellwether process and what it implies for your case's value. ☐ Read the settlement grid — allocation tiers, participation threshold, walk-away rights, and the special master's discretion. ☐ Resolve liens — private plan, Medicare, Medicaid, hospital, and workers' compensation. See medicaid and long-term care and workers compensation claims. ☐ Confirm the common benefit assessment that will be deducted from your recovery.

Tool 14 — Deadline calendar

Event Timing
CAFA removal 30 days from the pleading showing removability
Rule 23(f) petition 14 days from the certification order
§ 1715 notice 10 days after filing the settlement proposal
Earliest final approval 90 days after § 1715 notice
Class exclusion Per notice; earlier than the claim deadline
Objection Per notice
Claims 90–150 days after notice, typically
Distribution 30–120 days after final approval and any appeal

Tool 15 — Authority reference

Rules: Rule 9 · Rule 12 · Rule 23 · Rule 26 · Rule 56 · Rule 68 · FRE 702

Statutes: 28 U.S.C. § 1332 · § 1367 · § 1391 · § 1441 · § 1453 · § 1712 · § 1715 · § 2072 · 15 U.S.C. § 78u-4

Cases: American Pipe (1974) · Basic v. Levinson (1988) · Amchem (1997) · Ortiz (1999) · Shady Grove (2010) · Dukes (2011) · Smith v. Bayer (2011) · Tyson Foods (2016) · Spokeo (2016) · China Agritech (2018) · TransUnion (2021)

Tool 16 — Routing table by subject matter

Aggregate procedure is only half of any class case. The other half is the substantive law of the claim.

If the class claim is about… Substantive starting point
Fees, disclosures, or servicing on a consumer loan Consumer credit reporting and debt collection
Bank account charges or payment errors Consumer banking and payments
High-cost or payday lending Payday, title, and high-cost installment lending
Auto-renewal and cancellation practices Consumer contracts and cancellation rights
Vehicle sales, financing, or warranties Motor vehicle law for consumers
A defective product Product liability
A data breach or privacy practice Data privacy and security
An automated scoring or eligibility system Automated decisions and artificial intelligence
Unpaid wages or misclassification Wage and hour law · Worker classification
Discrimination in pay or promotion Employment discrimination charges
Benefit plan administration Employee benefits and ERISA
Insurance claim handling Property insurance claims · Life insurance claims and beneficiary disputes
Health plan denials Health coverage denials and appeals
Hospital billing practices Medical billing and collections
Housing discrimination or accessibility Fair housing
Association assessments and rules Homeowners and condominium associations
Mortgage servicing and foreclosure practices Foreclosure and mortgage servicing
Nursing home staffing and care Nursing home and assisted living neglect
Securities disclosures and trading Investor rights and securities claims
Environmental contamination affecting a community Environmental contamination and cleanup
Government or official conduct Police misconduct and section 1983
Student loan servicing Student loans
Franchise system practices Franchising

Tool 17 — Common benefit and leadership terms (MDL)

☐ Leadership application — experience, resources, willingness to fund, and a plan for the common issues. ☐ Common benefit assessment — percentage of each recovery, held in escrow, allocated by the court on application. ☐ Time and expense submission protocol — monthly, in a prescribed format, with contemporaneous records. ☐ Cost-sharing agreement among participating firms. ☐ Document depository terms, including who pays and who may access. ☐ Science day and general causation schedule. ☐ Bellwether selection method — random, party-picked, or a hybrid pool. ☐ Settlement matrix and participation threshold. ☐ Lien resolution administrator appointment. ☐ Remand protocol for cases that do not settle.

⚠ A plaintiff whose lawyer is not in leadership still pays the common benefit assessment. Understand that number before signing a retainer in an MDL-bound case.

Tool 18 — Quick reference card

⭐ Ten sentences that carry the practice.

  1. Certification decides the case; trial rarely happens.
  2. Commonality requires a common answer, not a common question.
  3. Define the class objectively, by injury, and never fail-safe.
  4. Every damages class member must have concrete harm.
  5. The damages model must match the liability theory and survive Rule 702.
  6. Attach a trial plan.
  7. Check for an arbitration clause before anything else.
  8. The Rule 23(f) window is fourteen days and cannot be extended.
  9. Serve the § 1715 notice or wait ninety extra days.
  10. A settlement is judged by what reaches class members, not by its headline.

Tool 19 — Damages model specification

Give this to the expert at the outset. It prevents the most common certification failure.

Element Specification
Liability theory it measures State it in one sentence; the model must measure this harm and no other
Data source Defendant's records, field names, extraction method, date range
Unit of analysis Per transaction, per account, per month, per employee-week
Formula Written out, with each variable defined
Inputs requiring assumption Listed, with the basis and sensitivity range for each
Individualized inputs, if any Listed, with a plan for obtaining them without individual testimony
Aggregate result With confidence bounds
Reliability showing Method, error rate, peer acceptance, and application to these facts
Alternative causes excluded How, and on what evidence

⚠ A model that computes total damages but cannot allocate them to individual members creates a distribution problem at settlement even if it survives certification. Ask the allocation question at the modeling stage, not at the approval hearing.

Tool 20 — Post-approval distribution plan

☐ Confirm the effective date — after final approval and expiration of any appeal period, or after appellate affirmance. ☐ Reconcile the claims data — validated claims, deficiencies cured, duplicates removed. ☐ Confirm the per-member amount and the formula used. ☐ Choose payment channels — direct deposit, digital payment, or check, with a preference election in the claim form. ☐ Set the stale-date policy for uncashed checks, and a reissue window. ☐ Plan the second distribution if the residue justifies it, with a threshold below which redistribution is uneconomical. ☐ Identify the cy pres recipient, disclose any relationship to counsel or the court, and explain the nexus to the class. ☐ File the administrator's final declaration — reach, claims rate, amounts distributed, amounts uncashed, residue disposition. ☐ Close the escrow and account for interest. ☐ Address tax reporting — whether payments are reportable and to whom. See tax controversy for individuals.

⭐ The final declaration is the document a future court will read when assessing the next settlement in the same district. Accurate reporting is not merely a compliance step — it is how the standard for adequacy gets built.

Tool 21 — Intake script for a potential class claim

Ten questions, in order, for the first call with a potential representative.

  1. What happened, and when did it start and stop?
  2. What document governs the relationship — contract, policy, terms of service, employee handbook?
  3. Do you still have it, and can you get the version in effect at the time?
  4. Did you agree to anything online, by clicking? Do you recall the screens?
  5. Have you signed a release, a severance agreement, or a settlement about this?
  6. Exactly how much did you lose, and can you document it?
  7. Did you complain? To whom, and what happened?
  8. Do you know others in the same situation?
  9. Do you have any relationship with our firm, or with anyone at the company?
  10. Are you willing to be deposed, produce records, and be named publicly for several years?

⚠ Question 4 decides more class cases than questions 1 through 3 combined. Ask it early, and ask for screenshots. See electronic signatures and online contract formation and compelling, resisting, or preparing for arbitration.

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