Consumer Class Actions: 5. Contacting Absent Class Members
In Connecticut, there is no state court decision on the issue of whether opposing counsel may ethically communicate with absent putative class members. In a 2011 Informal Opinion, however, the Connecticut Bar Association Professional Ethics Committee concluded that “unless and until the class is certified by the Court, the Requesting Attorney may contact the putative class members.” CBA Informal Op. 2011-09. The Professional Ethics Committee noted that its research did not reveal any Connecticut authority regarding the permissibility of communications with putative class members.