"An Act requiring a member to opt into a class action; and amending Rule 23(c), Alaska Rules of Civil Procedure. "

A class action is a lawsuit filed by one or more people on behalf of themselves and a larger group of people "who are similarly situated." Rule 23, Alaska Rules of Civil Procedure, provides the procedure for class actions in the state. The Rule sets out the prerequisites that must be met and the factors that must be weighed by the court before determining whether the class action should be maintained. If the class action is maintained, the court must then direct notice to the class.

Rule 23 currently requires that the court use the best notice practicable to all members that can be identified through reasonable effort to tell members when to "opt out" of participation as a class member, that any judgment will affect all class members who do not "opt out" and that any member not "opting out" may enter an appearance through counsel. Under this system, many people are unfortunately made a part of a class action without being aware of it. An unknowing class member can get swept into massive litigation, affecting their personal and professional lives, without ever consenting to it. They can also be left without recourse if they learn of the suit after a judgment is made and are unsatisfied with the award.

HB 246 recognizes the value and importance of class action lawsuits in our legal system and does not make any changes to the prerequisites used to determine if a class action is appropriate and in the best interests of the members of the class. It simply changes the notice provision of Rule 23(c) to require that a member "opt in" to the class in order to become part of the action. Common sense and fairness in our legal system dictate that a person should take some affirmative action before becoming part of a lawsuit, whatever the circumstances or outcome may be. This is especially true in a large rural state such as Alaska with a sizeable transient population where notice, and therefore the opportunity to "opt out," may not reach many potential class members.

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