What is a Fairness Hearing in a Class Action?

By Timo Bakker · July 6, 2026 · 5 min read

The fairness hearing is one of the two most important courtroom events in a class action. It is where the judge decides whether the settlement terms are fair enough to receive final approval.

Where the fairness hearing fits

The two courtroom milestones are:

  1. Preliminary approval hearing. Judge decides whether the proposed settlement is reasonable enough to move forward.
  2. Fairness hearing (final approval hearing). After class members have been notified and had a chance to file / object / opt out, the judge decides whether to grant final approval.

What happens at the hearing

  • Class counsel presents the case for approval, including summary of claims filed, class member response, and legal basis.
  • Defendant's counsel (usually) also supports approval.
  • Any class members who filed formal objections can appear in person or by phone to argue.
  • Judge asks questions and either grants final approval, denies it, or defers pending changes.

What the judge considers

  • Are the attorney fees reasonable compared to the class recovery?
  • Are the per-claimant payouts meaningful?
  • Was the notice program adequate?
  • Are the objections substantive or boilerplate?
  • Was the claim process reasonable for class members?

What happens after

If the judge grants final approval, payment distribution begins (typically 60-120 days later). If there are appeals from objectors, distribution is delayed until the appeals resolve.

See our how to object guide for the process.