Consumer Class Actions: Discussion
For classes certified under Rule 23(b)(3), Rule 23(c)(2)(B) provides that the notice must be “the best notice that is practicable under the circumstances, including individual notice to all members who can identified through reasonable effort.” Instead of directing a specific means of notice, Rule 23(c)(2)(B) “relies on courts and counsel to focus on the means or combination of means most likely to be effective in the case before the court.”138 It specifies: “The notice may be by one or more of the following: United States mail, electronic