How to Object to a Class Action Settlement
By Timo Bakker · July 3, 2026 · 5 min read
Objecting is different from opting out. When you object, you stay in the class but tell the court you think the settlement is unfair. If the court agrees, the settlement gets renegotiated or rejected. Here is how to do it.
Object vs opt out: the difference
- Opt out = leave the class entirely. Get nothing. Sue individually later if you want.
- Object = stay in the class but complain to the court. Get whatever the class ultimately gets, but you tried to make it better.
Common objection grounds
- Attorney fees are excessive relative to the class recovery.
- Individual class member payouts are too small given the alleged harm.
- The settlement releases too many types of claims (too broad).
- The notice program was inadequate (class members did not get proper notice).
- The claim process is too burdensome for class members.
How to file an objection
- Read the settlement notice carefully — there is an "Objection Instructions" section with specific requirements.
- Write a formal objection stating: (a) your identity + why you qualify as a class member, (b) the specific reasons you object, (c) whether you plan to attend the fairness hearing to argue.
- Attach any supporting evidence.
- Mail to the court AND to class counsel + defense counsel (addresses in the notice).
- Attend the fairness hearing (in person or by phone) if you want to argue.
What happens at the fairness hearing
The judge reads all objections. If enough substantive objections raise similar concerns, the judge may reject the settlement and send the parties back to negotiate. More commonly, the judge acknowledges objections but approves anyway. Historic objection success rate in getting settlements modified: roughly 10-15%.
Professional objectors
Some law firms make a business of objecting to settlements. Courts have gotten stricter about these because they sometimes exist to extract "greenmail" from class counsel. If you object, be genuine and specific — boilerplate objections get discounted.