---
title: "Check a draft class notice against Rule 23(c)(2)"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-draft-opt-out-notice-against-the-practice-note/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-LA20261022-6-US"
practice_area: "Class Actions / Representative Proceedings"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a draft class notice against Rule 23(c)(2)

> Compare the draft notice with Rule 23(c)(2)(B). Mark whether it states, in plain language, the nature of the action, the class definition, the class claims, issues, or defenses, that a member may enter an appearance…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-draft-opt-out-notice-against-the-practice-note/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Compare the draft notice with Rule 23(c)(2)(B). Mark whether it states, in plain language, the nature of the action, the class definition, the class claims, issues, or defenses, that a member may enter an appearance through an attorney, that the court will exclude any member who requests exclusion, the time and manner for requesting exclusion, and the binding effect of a class judgment. List gaps only. Do not rewrite the notice. |
| What the lawyer must review | You rewrite the notice. For a class certified under Rule 23(b)(3), and when the court orders notice under Rule 23(e)(1) to a class proposed to be certified for settlement under Rule 23(b)(3), the court must direct the best notice practicable, including individual notice to members who can be identified through reasonable effort. The notice must clearly and concisely state the seven items in Rule 23(c)(2)(B). For a class certified under Rule 23(b)(1) or (b)(2), the court may direct appropriate notice. That provision does not list the same exclusion items. Formal Opinion 512 requires you to review a generated notice before it is submitted for approval. |
| Written for | United States |
| Applies to | [Check a draft opt-out notice against the practice note](https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-draft-opt-out-notice-against-the-practice-note.md) |

## Checking plan

- What the AI does: Compare the draft notice with Rule 23(c)(2)(B). Mark whether it states, in plain language, the nature of the action, the class definition, the class claims, issues, or defenses, that a member may enter an appearance through an attorney, that the court will exclude any member who requests exclusion, the time and manner for requesting exclusion, and the binding effect of a class judgment. List gaps only. Do not rewrite the notice.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The court directs the notice. A notice the lawyer settles is still subject to that order.
- The mandatory exclusion notice is the (b)(3) notice. Do not treat a (b)(1) or (b)(2) class as having the same opt-out text.
- The means may be United States mail, electronic means, or other appropriate means. State class-notice rules differ.

## Sources

- [Federal Rule of Civil Procedure 23, Class Actions](https://www.law.cornell.edu/rules/frcp/rule_23) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*