Can I Be Bound By A Settlement Or Judgment Of A Class Action?
Yes. If the court decides the underlying legal proceedings were fair, all absent class members are generally bound by the judgment or settlement of a case. But if the lawsuit is primarily to recover money, absent class members are entitled to notice and an opportunity to "opt out" (exclude themselves) from the proceedings.
If a person opts out, he is not bound by any judgment or settlement of the class action. If a person opts out, he may be free to bring a claim for damages individually. When a class action is for declaratory or injunctive relief, notice isn't required to bind absent class members and the court may not allow a person to opt out.