If I am a class member, must I actively participate in the litigation?

There is a difference between a class member who is not a class representative and a class representative. A class representative would be the person whose name is on the pleading and who is representing the class. That person has certain duties, which is to prosecute the litigation, discuss the matter periodically with their counsel, give input into potential settlement discussions, act in a fiduciary capacity towards the class that is to show up at deposition where needed or if needed, and to provide documents and support in the claim. There is an active aspect if you’re a class representative. If you’re merely a member of a class, you do not need to participate. If there’s a settlement, you’ll receive a notice and you can have an opportunity then to put in a claim if you’re part of the class.

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