Class Actions : Two models of notices to better communicate with members

Author

Stéphanie Poulin

Organization

Option consommateurs

Published

2011

Summary

Class action is a procedure, which by its very nature, has a considerable impact on the rights of a very large number of people, most of whom are unaware that the process they are involved in even exists. The notices issued to class action members, therefore, play a crucial role in access to justice. They have to reach the greatest number of persons and allow each member of the group to obtain the information needed to fully exercise his or her rights. If this challenge is to be met, a significant improvement in the visibility and readability of these notices is in order.

In fact, our analysis of notices to members, in their current form, revealed a number of very serious shortcomings, both in terms of their graphic design and the way they are written. These “traditional" notices do not adequately inform members of the existence of a remedy; even worse, they may discourage potential members from making further inquiries.

To improve the visibility of notices to members and the way the latter perceive them, we commissioned the services of two experts to help us assess their readability from both the graphic design and linguistic standpoints, and also to evaluate their structure and content. We were thus able us to identify the major shortcomings of the standard notices and to develop two new model notices: a short version and a more detailed one. We then consulted lawyers specializing in the field of class action to find out what they thought of our models. Finally, in the context of four focus groups, we presented both the old and the new versions of the notices to Canadian consumers.

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OCA Funded Research
This research received funding support through the Office of Consumer Affairs' Contributions Program.

Contact information

Source: Consumer Policy Research Database