class-action-notice: Скилл для составления уведомлений

--- name: class-action-notice description: Drafts Rule 23-compliant class action notices to absent class members for certification or settlement. Agent uses this skill when drafting class action notices, class member notifications, settlement notices, opt-out notices, or fairness hearing notices. tags: - drafting - litigation - pleading --- # Class Action Notice Drafts a Rule 23-compliant notice informing absent class members of their rights, options, and deadlines in class certification or settlement proceedings. ## Prerequisites Gather before drafting: 1. **Complaint** — factual allegations, legal claims, named parties 2. **Class certification order** — exact class definition, court-specified notice requirements 3. **Settlement agreement** (if applicable) — terms, amounts, allocation, release scope 4. **Court orders on notice** — format, length, reading level, mandatory language, distribution method 5. **Key deadlines** — claim submission, opt-out, objection, fairness hearing date/time/location 6. **Contacts** — class counsel, defense counsel, claims administrator, settlement website ## Quick Start 1. Collect all prerequisites and court-ordered specifications 2. Draft notice sections in order (heading → lawsuit → class definition → terms → options → procedures → hearing → resources → disclaimers) 3. Verify Rule 23(c)(2)(B) mandatory elements are covered 4. Apply due process test: would a non-lawyer understand their rights and options? 5. Cross-reference every factual statement against source documents ## Notice Sections ### 1. Heading & Introduction | Element | Requirement | |---|---| | Court ID | Full district, division, department | | Case caption | All named plaintiffs/defendants, exactly as filed | | Civil action number | As assigned | | Alert banner | **Bold** attention statement (e.g., "LEGAL NOTICE: A class action lawsuit may affect your rights.") | | Subject matter | Concrete facts — specific conduct, dates, amounts | | Why received | Court-authorized notice; not a solicitation or lawsuit against recipient | | Neutrality disclaimer | Court has made no determination on the merits | ### 2. Description of the Lawsuit Draft in this order: 1. **Factual background** — chronological, specific dates/conduct from complaint; concrete details only 2. **Legal claims translated** — convert statutory citations to plain English (e.g., "TCPA prohibits automated calls to cell phones without consent") 3. **Defendant's position** — from answer/defense filings, presented with equal clarity 4. **Procedural history** — key milestones in lay terms ### 3. Class Definition & Membership - Quote exact class definition from certification order or settlement agreement - Break each element into separately explained criteria - Address: who qualifies as "person," qualifying conduct, geographic scope, temporal boundaries (inclusive dates, timezone) - Label and explain subclasses separately if they exist - List all exclusions (officers/directors, judicial officers, prior releasors, etc.) - Provide practical membership guidance (e.g., "If your statement shows a $2.95 'processing fee' during the class period, you are likely a member") - Include contact for membership questions ### 4. Settlement Terms (If Settlement Notice) | Component | Include | |---|---| | Total value | Exact dollar amount | | Allocation | Fund → class payments, admin costs, fees, service awards | | Distribution method | Pro rata, tiered, or flat; concrete dollar examples per tier | | Attorney fees | Exact amount/percentage; note requires separate court approval | | Service awards | Amount per representative; note requires court approval | | Injunctive relief | Specific conduct changes, not generalities | | Release scope | Exactly which claims released vs. preserved | | Risk assessment | Balanced: case strengths vs. litigation risks; why settlement is reasonable | ### 5. Legal Rights & Options Present each as a discrete block: **Option A — Submit a Claim (Participate)** - What to do, where to get form, required info/docs - Deadline with time and timezone - Consequence: receive payment, release claims **Option B — Exclude Yourself (Opt Out)** - Written, personally signed (not by attorney without POA) - Contents: full name, address, case name/number, exclusion statement, signature - Mail to `[ADDRESS]`, postmarked by `[DATE]` - No mass/group exclusions - Consequence: no benefits, retain right to sue individually - Caveat: statute of limitations may have run **Option C — Object** - Written objection filed with court + copies to class and defense counsel - Contents: case name/number, name/address/phone, specific reasons, supporting docs, intent to appear, signature - Deadline: `[DATE]` - Consequence: still bound if approved; may still submit claim **Option D — Do Nothing** - **PROMINENT WARNING**: Bound by court's decision; forfeits right to sue separately; receives nothing unless claim submitted ### 6. Claims Process 1. **Obtain form** — website URL, phone with hours/timezone, mailing address 2. **Complete form** — required fields; sworn statement accepted if no documentation 3. **Submit** — online, mail, or email; deadline with time/timezone per method 4. **Retain copy** for records ### 7. Exclusion Procedure - Exact mailing address - Required elements (per Option B above) - Postmark deadline - Individual requests only ### 8. Fairness Hearing - Date, time, courtroom, full court address - Purpose: court decides if settlement is fair, reasonable, adequate; rules on fees/awards - Attendance not required; right to attend if intent stated in written objection - Hearing may be continued without further notice; how to confirm (website, phone, PACER) - **Binding effect**: final judgment = res judicata on released claims for all non-excluded members ### 9. Resources & Contacts - Class counsel: name, firm, address, phone, email, website - Claims administrator: name, company, toll-free phone with hours, email, website - Settlement website: complaint, agreement, orders, claim form, FAQs, deadline calendar - **Scam warning**: Never pay to participate; legitimate contact only from administrator or class counsel - Court records: PACER URL, Clerk's Office address/hours - Primacy clause: settlement agreement and court orders control over this summary ### 10. Disclaimers - Not legal advice - Class counsel represents the class, not individual members - Suggest consulting personal attorney for individual advice - Include state bar lawyer referral service if appropriate ## Drafting Rules - **Reading level**: 8th–10th grade for general consumer classes; adjust for class composition - **Tone**: Scrupulously neutral — do not encourage or discourage any option - **Style**: Average 15–20 words per sentence; active voice; one concept per paragraph - **Jargon**: Avoid; if unavoidable, add parenthetical plain-language definition immediately - **Placeholders**: Bracket format — `[DATE]`, `[ADDRESS]`, `[URL]`, `[PHONE NUMBER]` - **Court orders override** any default format guidance in this skill ## Mandatory Compliance Checks - [ ] **Rule 23(c)(2)(B) elements**: nature of action, class definition, class claims/issues/defenses, right to enter appearance through counsel, right to request exclusion, binding effect, time/manner for exclusion - [ ] **Due process test**: reasonable non-lawyer understands all rights and options - [ ] **FRE readiness**: notice may become an exhibit; maintain precision and verifiability throughout - [ ] All factual statements cross-referenced against source documents - [ ] Court-ordered specifications followed exactly