What does it mean to opt-out of a class action?

Opting out of a class action means you do not want to participate in the lawsuit and will not be bound by any judgment or be a part of any settlement

Opting out of a class action refers to the decision made by an individual to exclude themselves from a class action lawsuit. When a group of individuals file a class action lawsuit, they are seeking compensation or redress for a common issue or harm caused by a defendant. However, not all members of the group may want to be part of the lawsuit, and they have the option to opt-out. Opting out means that the individual is choosing not to participate in the class action and will not be bound by any judgment or settlement reached in the case.

The decision to opt-out of a class action is significant and should not be taken lightly. When someone decides to opt-out, they are essentially stating that they do not want to be part of the collective action and would rather pursue their claim. By opting out, individuals retain their right to file a separate lawsuit against the defendant and can seek damages or remedies. This can be advantageous in cases where the individual believes they have suffered more harm than what is being sought in the class action, or if they have unique circumstances that may not be adequately addressed by the collective lawsuit.

Opting out of a class action also means that individuals forego any benefits or compensation that may result from the lawsuit if it is successful. In some cases, joining a class action can be a more efficient and cost-effective way for individuals to seek justice, particularly when the damages suffered by each member of the class are relatively small. By opting out, individuals are essentially taking on the burden of pursuing their legal action, which can be time-consuming and expensive.

It is important for individuals considering whether to opt-out of a class action to carefully evaluate their options and consult with legal counsel. The decision should be based on a thorough understanding of the potential benefits and drawbacks of opting out. It is also crucial to consider any deadlines set by the court for opting out, as missing these deadlines may result in being bound by the outcome of the class action. Ultimately, opting out of a class action is a personal decision that should be made after careful consideration of one's circumstances and legal rights.

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timothy l. miles, esq.

Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors,  shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,​Class Action:  Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM  (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022).  Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more.  Please visit our website or call for free anytime.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
​​Phone: (855) 846-6529
​Email: [email protected]
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