The Fairness in Class Action Litigation Act of 2017 (H.R. 985) has drawn a firestorm of opposition. As the ACLU and 120 other signatory civil rights organizations note, “The bill would undermine the enforcement of the nation’s civil rights laws and upend decades of settled class action law.”
If it were to become law, what impact would it have on class notice? Whether H.R. 985 becomes law or not, will it cause a greater emphasis to be placed on quantifiable media and notice performance that uses the correct tools and technology to select the appropriate media to deliver due process notice.