I notice that a case was settled against Naked Juice and I can sign up to claim a small part of the settlement. But if it means having my name in the public record as a plantift against them I have to think twice... is this a concern?
The short answer to your question is no, your name will not be public. Only the names of the representatative plaintiffs are included in the publicly filed pleadings (like the Complaint) and the notice which was sent out to all affected class members, including by publication (which is how you saw it). The names of "absent class members" (which is what you are) are collected by the claims administrator as part of its charge to distribute the settlement funds. This list is typically only maintained for the duration of the lawsuit and is not filed of public record (as a matter of course). If you were to "opt out" of the class, your name might appear on a list of opt outs filed with the court. But, if you take the small amount of cash being offered in the Naked Juice settlement, you should get your check and have no fear of your identify ever being made public.
No, your name will not be made public simply by submitting a claim in a class action settlement. As a claimant in a class action settlement you are not a plaintiff, which is one of the parties named in the lawsuit; you are simply an a member of the class. So feel free to make your claim.
Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances. I am licensed to practice law in California, New Jersey and Pennsylvania.
If you accept the money, then no, your name will not be part of the public record. Class action settlements are handled by "third party administrators." The list of potential class members is typically limited to only the attorneys and the third party administrator. In some cases, even the attorneys do not get the class member list. By this stage of the case, however, the class action defendant has already funded the settlement and effectively "bought the peace" with the class. I've never heard from a class member who suffered retaliation simply for accepting the claim presented to them.
I agree with the other answers posted so far, with the qualifier that your name would PROBABLY not be made public. There may be terms in the detailed settlement agreement that would allow one or more parties to publicly disclose the names of people who participated in the settlement. But USUALLY, neither the corporation nor the representative plaintiffs nor their respective counsel see any reason to publicly disclose that type of information.
The class representative is the named plaintiff in the suit. Merely being a member of the class, you likely will not be a public records absent some interesting motion or evidentiary challenges.
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